Does devolution make a difference? Legislative output and policy divergence in Scotland

Devolution provides large scope for Scotland to make its own policy. Primary legislation is one measure of this. Scottish legislation before devolution tended to replicate measures for the rest of the United Kingdom, with differences of style. Scottish legislation in the first four-year term of the Parliament shows a big increase in output. There is an autonomous sphere, in which Scotland has gone its own way without reference to the rest of the UK. In other areas, there is evidence of joint or parallel policy-making, with Scottish legislation meeting the same goals by different means. Finally there is a sphere in which Scottish legislation is essentially the same as that in England and Wales. Sewel motions have not been used to impose policy uniformity on Scotland. There is evidence that devolution has shifted influence both vertically, between the UK and Scottish levels, and horizontally, within a Scottish legislative system that has been opened up.     

The Revised Directive on Waste: Resolving Legislative Tensions in Waste Management?

The revised Directive on waste (Directive 2008/98/EC) enteredinto force on 12 December 2008. The purpose of the revised Directiveis to simplify the existing legislative framework for wastein order to encourage the divergence of waste away from landfills,to strengthen legal certainty and minimise burdens on businesses,regulators and stakeholders. This article explores the mainfeatures of the revised Directive and assesses them againstthe European Commissions' intentions in introducing the Directive.In addition, the paper considers the extent to which the revisedDirective promotes successfully (i) reduction of natural resourceuse, (ii) prevention of environmental impacts of waste generation,(iii) life-cycle thinking and; (iv) securing waste prevention.The paper concludes that there is still room for further clarification,particularly in relation to the criteria for by-products andthe new waste management terms ‘end of waste’ and‘preparing for re-use’. Whilst the revised Directivehas weaknesses and limitations it should be considered withinthe context of decision-making. In this way it represents amulti-party, multi-institutional and multi-national compromisewhich should be considered as a progressive step towards improvingthe whole life-cycle of products and resources. Undoubtedly,the revised Directive sets the tone for future legislative developmentsand bolsters the importance of extended producer responsibilityin future waste management measures.     

European Citizenship: Towards a European Identity?

Questions of political identity and citizenship, raised by thecreation of the `new Europe', pose new questions that politicaltheorists need to consider. Reflection upon the circumstances ofthe new Europe could help them in their task of delineatingconceptual structures and investigating the character ofpolitical argument.

Does it make sense to use concepts as `citizenship' and`identity' beyond the borders of the nation-state? What does itmean when we speak about `European Citizenship' and `EuropeanIdentity'?

It is argued that the pluralism that has led theorists tooffer a conception of citizenship based upon principles of right,rather that the common good, applies even more strongly at thelevel of the European political order. Developing a contractariantheory of federation, an account of the basis of a Europeancitizenship will be offered in which federalism emerges out of anoverlapping consensus of European citizens on the terms of theirpolitical association.

`European Citizenship' and `European Identity' are discussedin the context of the so-called `European Union', and not in thewider context of Europe `as a whole', or for that matter on aneven broader `cosmopolitan' scale. However, the gist of the articleis that arguments for concepts of `citizenship' and `identity'that go beyond borders of nation-states and that are applied tothe `European Union', could have implications for an even widerapplication.

Finally, and in conclusion, the (empirical) context will beelaborated in which the normative concept of shared liberalcitizenship identity should be realized on a pan-national,European level.

     

Kyoto,Europe?—An Economic Evaluation of the European Emission Trading Directive

To meet its obligations accepted in the Kyoto Protocol cost effectively, the European Union introduces a scheme of Greenhouse Gas Allowance Trading for its member states. This paper evaluates the cost effectiveness, ecological accuracy and dynamic incentives of this approach.The EU-emissions trading constitutes an important shift in the paradigm of environmental policy, from command and control to a market based approach. Still, the EU-system does not fully realize the economic potential of the transferable discharge permit policy. Especially, the limited scope of trading regarding geography, pollutants, sectors and activities reduces the quality of the system. Moreover, the EU-Directive is unspecific in many respects and it leaves many decisions defining the rules of the game to the individual member state. Uncertainty and heterogeneity increase transaction cost and thereby hamper the effectiveness of the system.JEL Classification: Q54, Q58, K32     

Groups, gangs, and delinquency: Does organization matter?

Purpose

A consistent finding of research on delinquency has been that gang members show higher levels of delinquent behavior than non-gang members. However, research attempting to understand the mechanisms underlying this finding is lacking. The basic premise of the current article is that the level of organization found in delinquent groups and gangs matters in clarifying the relationship between membership and delinquency.

Methods

This article examined the association between organization and delinquency in a sample of 523 self-reported juvenile offenders from a high school survey conducted in the province of Quebec, Canada.

Results

The results showed that 1) there is clearly something special about membership in a gang that influences delinquency beyond the more general membership in a delinquent group; 2) the key to understanding finding lies, in part, in the level of organization found in gangs. Organization emerged as the most important factor associated with general delinquency, involvement in violence, and in drug supply offences, significantly (but not completely) reducing the effect of gang membership on delinquency.

Conclusions

Even if most delinquent associations show little signs of formal structure and organization, this study demonstrates the importance of organization as a key mechanism to understand the gang effect on delinquency.     

The Comparison Question Test: Does It Work and If So How?

In a mock crime study of the comparison question test (CQT), 35 subjects decided to participate as guilty and 30 as innocent. Two conditions were varied: Explaining the comparison questions in the pretest interview and re-discussing comparison questions between charts. Higher identification rates (approximately 90% for guilty and innocent participants) were achieved in groups with explanation of comparison questions than in groups without explanation. Re-discussing comparison questions had no effect on identification rates. Ratings of subjective stress due to relevant and comparison questions were also obtained and can be seen as indicators of the significance of the questions. The significance of comparison questions was hardly affected by the different testing conditions. When effects are detectable at all, they contradict theoretical expectations in their direction. Results are discussed in terms of the significance of comparison questions used in polygraph testing.     

Creative Commons Licences,the Copyright Regime and the Online Community: Is there a Fatal Disconnect?

Creative works on the Internet (online works) present challenges to the traditional copyright model. Creative Commons licences are one response to these challenges. Despite the many positive features of Creative Commons licences, certain aspects have attracted criticism. The flaws in Creative Commons licences are a symptom of a broader failure of the copyright system itself to engage with the community. Creative Commons licences operate within the traditional copyright model, despite having some resonance with a developing copyright paradigm. Yet many concepts of copyright are not understood by the wider community; indeed, some remain a source of ongoing debate within the legal academy. Furthermore, there is evidence that community norms and expectations in relation to online works conflict with the legal environment provided by copyright law. The author argues that until these issues are addressed, an attempt to reconceptualise the legal environment by working within its constraints is unlikely to be successful.     

The Convention Method Revisited: Does It Have a Future and Does It Matter?

Scholars have argued that the convention method has democratised the process of treaty reform and increased the legitimacy of EU constitutionalisation. This article finds that the convention method has contributed to a slightly more democratic process, but has not, in any fundamental way, improved the democratic status of the EU's treaty reform process. We should accordingly not be too concerned over the future fate of the convention method. From a democratic perspective, we should be more worried over the possible scenario that future changes to the EU's institutional structure will come about through implicit constitutional change without any formal changes being made to the treaties. The often cumbersome ratification process could thereby be bypassed, but this would also deprive EU citizens of the only real opportunity they have of influencing decisions on the overall design of the integration project.     

How Do the Laws of Probability Constrain Legislative and Judicial Efforts to Stop Racial Profiling?

Faced with pending legislation and litigation, numerous jurisdictionshave begun programs to monitor a range of traffic stop outcomes,focusing on variation by race or ethnicity. Existing programs,however, ignore the unequal outcomes that motivate oppositionto racial profiling. Statistical relationships limit the abilityof public policy to equalize the various outcomes, even if officersdo not engage in racial profiling to "any extent or degree."This article demonstrates relationships among five outcomesthat are or should be considered when policy on racial profilingis formulated: search rates, find rates, thoroughness of search,rates of detention of the innocent, and rates of apprehensionof the guilty. Once decisions are made as to how to balancedesires for equality of each of these outcomes, problems remainthat are common to statistical assessments of pattern- or practice-of-discriminationclaims.     

How to Define Legislative Turnover? The Incidence of Measures of Renewal and Levels of Analysis

This article analyses different standard measures of legislative turnover. Two main concerns are discussed: (1) the very definition of turnover: incoming MPs versus first-term MPs; and (2) the level of analysis: the whole chamber versus political groups. To illustrate this discussion, turnover in the French lower chamber, the Assemblée Nationale, is studied. It is shown that the choice of a particular measure is not trivial since empirical results are affected by the definition adopted. If the distinction between incoming and first-term MPs does not greatly modify results, the choice of the level of analysis leads to contradictory results. It is shown that the very logic of electoral contests leads to renewal mostly among those who lost previous elections, while incumbent majorities that lose elections hardly experience renewal. As both these phenomena coexist for every single election, aggregate measures of turnover do not account for these contradictory tendencies and tend to concentrate on alternation rather than turnover.     

Cheque Fraud: How Serious a Problem?

Cheque fraud or the passing of bad cheques are considered normal events in business life. For some they are also considered a serious problem, but is this view commonly held? An attempt is made to review these beliefs with reference to the Australian experience and also to identify the extent of official statistics on the subject and the actual victims of valueless cheques.     

The Takeover Directive: Is a Little Regulation Better Than No Regulation?

This article examines Directive 2004/25/EC on Takeover Bids through a regulatory lens in order to determine its effectiveness as a regulatory mechanism. A central regulatory problem for European legislators is to determine the optimal balance between harmonisation and diversity, and the directive reflects the balance which was struck. The article questions whether the resulting 'light regulatory touch' may have jeopardised the existing efficient self-regulatory regime which operates in the UK (the largest European takeover market), while simultaneously undermining the directive's goal of facilitating takeovers and yielding a level playing field.     

Veteran Status and Marital Aggression: Does Military Service Make a Difference?

Previous research has demonstrated that rates of domestic violence are higher among couples where at least one person is on active duty. What is unclear is whether or not the propensity to engage in domestic violence remains after an individual has left the military and entered into veteran status. The purpose of this investigation was to evaluate whether or not veteran status will increase an individual’s tendency to engage in acts of domestic violence. Through the use of cultural spillover theory, the argument can be made that the effects of military resocialization will persist even after separation from active duty service, and that veteran status will contribute to domestic violence in a marriage. Analysis of the National Survey of Families and Households Wave I dataset allowed for a comparison of the rates of domestic violence among veterans and non-veterans to see if veterans are more likely to engage in domestic violence, net of combat exposure, relationship stressors and other statistical controls. The data reveal that male veterans are in fact less likely to engage in an episode of domestic violence as compared to civilians with no previous military experience; however, once other factors are accounted for, this relationship becomes nonsignificant.

The European Community and the Member States in the Dispute Settlement Understanding of the WTO: United or Divided?

Opinion 1/94 of the European Court of Justice determined the competence of the European Community and the Member States to conclude and implement WTO Agreements. Whilst the European Community enjoys exclusive competence to implement the Multilateral Agreements on Trade in Goods, it shares joint competence with the Member States in respect of the General Agreement on Trade in Services and the Agreement on Trade-Related Aspects of Intellectual Property Rights. However, the Court’s recognition of a division of competences between the Community and the Member States in WTO agreements has given rise to many fears that such a division would greatly complicate Community and Member State participation in WTO Agreements, would create many problems for them in doing so and, as a result, would greatly impede their successful participation in the WTO. Given the benefit of a number of years’ experience in the WTO, this paper focuses on the Dispute Settlement Understanding (DSU) of the WTO and addresses the extent to which the division of competences between the Community and the Member States has affected their participation in the DSU. Primarily, it aims to examine the extent to which the provisions of the DSU affect Community and Member State participation in dispute settlement within the WTO. It then analyses the duty of co-operation imposed on the Community and on Member States by the Court of Justice in Opinion 1/94 in the implementation of the WTO Agreements and the degree to which this duty influences their pursuit of dispute settlement. Finally, the paper examines the manner in which Community and Member State dispute settlement proceedings have evolved in practice, the extent to which the division of powers has penetrated dispute settlement proceedings and the manner in which the Community, the Member States and other WTO members have addressed it. In essence, the paper attempts both to highlight some of the more obvious consequences and effects that the internal division of powers between the Community and the Member States has for their participation in the DSU and to suggest some ways in which these consequences may be manipulated for their mutual and successful settlement of disputes.     

The Future and Legal Education: Are Law Schools Failing and,If So,How?

In Failing Law Schools (2010), Brian Tamanaha recommends that law schools respond to the current economic crisis in the legal profession by reducing support for faculty research and developing two‐year degree programs. But these ideas respond only to a short‐term problem that will probably be solved by the closure of marginal institutions. The real challenge lies in the powerful long‐term trends that animate social change, particularly the shift to a knowledge‐based economy and the demand for social justice through expanded public services. These trends demand that law schools transform their educational programs to reflect the regulatory, transactional, and interdisciplinary nature of modern legal practice.     

Can a Woman Rape a Man and Why Does It Matter?

Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: (1) it is physically impossible for a woman to rape a man; (2) it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; (3) rape is a gendered crime. I argue that, as these justifications fail, a woman having sex with a man without his consent ought to be considered rape. I then explain some further reasons that this matters. I argue that, not only is it unjust, it is also both a cause and a consequence of harmful stereotypes and prejudices about male and female sexuality: (1) men are ‘always up for sex’; (2) women’s sexual purity is more important than men’s; (3) sex is something men do to women. Therefore, I suggest that, if rape law were made gender neutral, these stereotypes would be undermined and this might make some (albeit small) difference to the problematic ways that sexual relations are sometimes viewed between men and women more generally.