The Changing Position of Legal Academics in the United Kingdom: Professionalization or Proletarianization?

This article analyses changes to United Kingdom (UK) university law schools during the period coinciding with Phil Thomas’ career as a law teacher – the latter part of the twentieth century and the first two decades of the twenty-first – in part illustrating the analysis with other examples from Thomas’ career. We will focus specifically on the way in which what it means to be a legal academic has altered, with UK legal academics having been professionalized as a community during this era. Yet, seemingly paradoxically, it is also an era during which, many have suggested, academics in UK universities have become a proletariat.     

Competition policy in the United States and the United Kingdom ‐ A look at underlying forces*

Summer schools in law are a common feature of Irish legal education today. Originating in the US, summer schools are now an international phenomenon. In 2005, the eLaw Summer Institute (or ELSI), was established at University College Cork as a four-week international summer school. In this article, we reflect on the design and development of ELSI, with reference to three key aspects of this summer school. First, we address issues arising from the intensive teaching aspect of ELSI, including the use of technology as part of a blended learning experience. Second, we explore the challenges posed by the international audience in ELSI. Lastly, we critically examine the comparative elements of the school in terms of curriculum design and delivery of the programme. Our analysis builds upon existing literature in the areas of curriculum design and delivery, intensive teaching, the international classroom and comparative legal studies; and is informed by empirical data in the form of anonymous student questionnaires. The aim of the article is to engage with others involved in summer programmes, to share our experiences and critical analysis and to provide an insight for those not involved in summer school programmes into the challenges and the rewards for students, staff and the institutions involved.     

Another special relationship? Interactions between health technology policies and health care systems in the United States and the United Kingdom

Confronted with similar challenges, the United States and the United Kingdom have adopted very different health technology policies. In the United States, the focus has been on technology creation, in particular the funding of basic biomedical research at the National Institutes of Health. This both reflects and reinforces an innovation-first culture in the United States, including in health. By contrast, the United Kingdom has been much more heavily committed to applied research and evaluative research, including health-technology assessment. That is, while U.S. policy has focused on technology creation, U.K. policy has been more oriented toward technology diffusion. This article surveys the sources of these differences. We consider the impacts of institutional, cultural, and other factors that may explain them, and emphasize that it is hard to disentangle the separate effects of those factors. We conclude with a discussion of the difficulties in drawing cross-national lessons in health technology policy.     

Rational rejection? The ethical complications of assessing organ transplant candidates in the United Kingdom and the United States

The practice of allocating scarce organs in medicine is an ethical minefield. Due to the organ shortage, organ procurement agencies in both the United Kingdom and the United States are placed in the unenviable position of having to choose a limited number of patients to compete equally for life-saving treatment. They do this by composing multidisciplinary transplant teams, which must evaluate transplant candidates and their complex range of personal, medical, environmental, psychiatric and financial characteristics. During the candidate assessment process, such teams may often be torn between their moral duty to save those who are most in need, considerations of efficiency, and the battle against forming moral judgments about particular candidates. Several ethical approaches can be adopted by transplant teams during the decision-making process, but do these ideologies provide adequate justification for their sometimes controversial decisions? This article provides a detailed examination of the ethical principles available to transplant teams in the United Kingdom and the United States, and the effect that these principles have on assessment procedures, organ allocation protocols, transplant candidates and their prospects.     

“Memorialization Laws in the United Kingdom: A Response to Fear or an Increased Occurrence?”

Issues of sexual abuse, predation and rape have received an increased degree of attention over the last decade and as a result have overshadowed similarly offensive crimes. Various highly publicized cases of sexual violence against women and children have gripped both the United States and the United Kingdom and have resulted in the implementation of sexual violence laws. Media coverage of an ‘epidemic’ of sexual violence has led some to question whether the frenzy surrounding these publicized cases has created a “fear factor” among parents and caregivers, begging the question as to whether the incidence of sexual violence has increased or whether the heightened sensitivity is a result of increased media reporting. This article examines approximately 12 years of aggregate sexual abuse prevalence data (crimes reported to the police) in England, Wales, Scotland and Northern Ireland, and compared prevalence change points and sexual offense law implementation. The article then examines the possible theory of whether Sarah’s Law could potentially to be a result of increased fear or a moral panic. Findings indicate sex crime rates were declining prior to the law’s implementation, lending cautious support to the proposition that the genesis of Sarah’s Law may have been due to fear, rather than actual increases in sexual crimes.     

Procedural Justice for Victims and Offenders?: Exploring Restorative Justice Processes in Australia and the US

Sociolegal research indicates that when citizens perceive that legal processes and procedures are fair, both positive and negative legal outcomes will be viewed as acceptable. However, little is known about perceptions of fairness in informal contexts such as in restorative justice (RJ) practices and with victims (and offenders) who participate in these programs. Drawing on interviews with key actors engaged in post-conviction RJ programs for serious crimes in Australia and the USA, this paper asks, do post-conviction therapeutic RJ programs for violent crimes enhance procedural justice for victims and offenders? The data reveal that RJ is compatible with procedural justice for both victims and offenders. Specifically, RJ aids in correcting the harms created by the formal criminal justice system and, thus, satisfies and even greatly enhances procedural justice goals for both victims and offenders.     

Home: A Vehicle for Resistance? Exploring Emancipatory Entanglements of ‘Vehicle Dwelling’ in a Changing Policy Context

This article begins with a reflection on Phil Thomas’ work, as well as on the way in which the Journal of Law and Society has pioneered scholarship in this field. Drawing on my own experiences as a researcher and campaigner, and my ‘insider’ status as a van dweller, I articulate why many have sought alternative modes of living, reflecting on ideas about freedom and anarchism, the importance of ‘home’, cultural preference, and escaping the housing crisis. I note that Wales and other European states, such as Portugal, provide a much warmer welcome and space for diverse Travellers; some are already planning their escape routes before the consequences of Brexit and new trespass legislation unfold. In an already hostile and rapidly changing context, it appears that the ontological security of vehicle dwellers is increasingly under threat. As well as giving a voice to these communities, the article also represents a much-needed call to action.     

Convergence or path dependency in policies to foster the creation of university spin-off firms? A comparison of France and the United Kingdom

This paper examines attempts by French and UK governments to fill the gap between the US and Europe with respect to the creation of academic spin-offs. Analysis of the contrasting cases of the UK and France, shows that there is no convergence of national policies to foster the creation of firms by academics. Rather, the two countries demonstrate different rationales and approaches to policy in this area. In UK, the rationale for spin-off policy is mainly to develop a third stream of financing. Spin-offs are a part of a policy to commercialize technology and knowledge created by universities. Policy is at the university level, leading to the creation of diverse structures. Public schemes bring public money directly to universities. In France, the rationale for policy towards the creation of new ventures by academics is the development of high technology new ventures as part of a technological entrepreneurship policy. The notion of a third stream of financing for universities is an argument that is never advanced. The UK has placed the universities at the heart of policies aimed at the creation of spin-offs, this is not the case in France.     

A technocratic fix to the "legitimacy problem"? The Blair government and health care rationing in the United Kingdom

The work of the National Institute for Clinical Excellence, an agency which has recently been created by Tony Blair's Labour government to provide guidance on best clinical practice to the National Health Service, has generated considerable controversy in the United Kingdom. It has been argued that the role which the institute plays in appraising cost effectiveness, especially of expensive new health technologies, constitutes explicit, national rationing. Although the employment of scientific and evidence-based criteria as the basis of decisions might have been expected to secure legitimacy for the institute--even when its recommendations have the effect of denying access to a particular treatment--the reaction to much of its work so far indicates that this goal has not been fully achieved. While alterations to structure and procedure may be considered as possible means of addressing the agency's difficulties, such proposals are not without problems. Consequently, in the final analysis, the British example may serve as a demonstration that the inherently political nature of priority-setting in health care precludes any easy technocratic solution.     

A Comparative Study of Children and Adult Homicide Rates in the USA and the Major Western Countries 1974–1999: Grounds for Concern?

The aim of this study is to examine the changing patterns of child homicide in the USA and the other 9 major Western countries between 1974 and 1999. On the basis of standardized WHO mortality data, 5-year mean rates of Baby (<1 year), Infant (1–4), Child (5–14), and General Population Rates for Homicide (GPRH) were analyzed for 1974–78 and 1995–99 for the USA and major Western countries. The analysis provided ratios of change for children's homicide between 1974 and 1999 and ratio of ratios between adult' and children's homicide. Over the period USA male Baby homicide rose by 78% and Females 44% with a combined rise in All Children [0–14] homicides of 45%, within the context of a declining adult GPRH. In the 1970s, 3 major Western countries had either higher or similar children's homicide rates to the USA, but by the late 1990s none did. Moreover, between 1974 and 1999, the USA had the biggest rise in Baby (<1) and All Children's deaths, and only France had substantial increases, whereas Baby homicide rates fell significantly in 6 other countries. The findings indicate a worrying deterioration in U.S. child homicides. Possible links with child abuse and explanations for the results are briefly discussed. Urgent case-specific research is required to determine the cause/s for and how to reverse the worsening child homicide situation in the USA.     

Driver's Licenses for All? Racialized Illegality and the Implementation of Progressive Immigration Policy in California

Progressive subfederal immigration policy aims to reduce the consequences of illegality for undocumented immigrants. Drawing on interviews with representatives from immigrant‐serving organizations in California, we examine the case of Assembly Bill (A.B.) 60 driver's licenses to assess whether all Californian undocumented immigrants have equal access to a driver's license. Although A.B. 60 was race‐neutral legislation, we argue that its implementation was shaped by racialized migration histories and that it reproduces racialized illegality. Specifically, the deep history of undocumented Mexican migration to California has shaped the institutional capacity of nonprofit and community organizations, foreign consulates, and the Department of Motor Vehicles to advocate for, implement, and serve A.B. 60 applicants. As a result, Spanish‐speaking, Latina/o/x immigrants, particularly those of Mexican origin, experience greater access to A.B. 60 driver's licenses. To combat this, organizations actively worked to reracialize illegality as an issue that also affects non‐Latino populations. Ultimately, we demonstrate that the construction and experience of illegality are deeply tied to race and place.     

The fox and the grapes: is real reform beyond reach in the United States?

As the challenges of maintaining (or, in the US case, attaining) affordable universal coverage multiply, the debate about what constitutes "real" reform intensifies in Western health care systems. The reality of reform, however, lies in the eyes of myriad beholders who variously enshrine consumer responsibility, changes in payment systems, reorganization, and other strategies -- or some encompassing combination of all of the above -- as the essential ingredient(s). This debate, increasingly informed by the agendas of health services researchers and health policy analysts, arguably serves as much or more to becloud as to clarify the practical options policy makers face and remains severely imbalanced with respect to the institutional sectors on which it concentrates, the fields of knowledge on which it draws, and the roles it envisions for markets and the state.     

Is there still a place for gene patents in Australia? Implications of recent United States and European case law

This article considers the ramifications of recent United States and European litigation relating to patents claiming rights to genes associated with hereditary forms of breast cancer (the so-called BRCA genes) for recently commenced Australian litigation relating to the same subject matter. The article is contextualised with brief summaries of the relevant patent law, the science of genetics, the history of the BRCA genes and an overview of the activities of the patent holder. The analysis of first instance and appeal decisions on the validity of the United States BRCA patents shows the final outcome is still highly uncertain in that jurisdiction, while the European litigation provides little assistance in predicting the outcome of the Australian action. This article concludes that the outcome of the Australian litigation is an issue that cannot be determined with any certainty due to the lack of specific, relevant precedents both in Australia and in other jurisdictions.     

Polygraph testing for deception in Australia: effective aid to crime investigation and adjudication?

Polygraph testing--or the monitoring and analysing of selected physiological measures of an individual who is being interviewed, for the purpose of detecting deception--is controversial in Australia. Considerable mythology surrounds this method of detecting deception. Embedded in popular perceptions of crime fighting and utilised in high-profile criminal cases in Western Australia, Victoria and Queensland, polygraph testing is also explicitly prohibited from being used in crime investigation in New South Wales. Unlike in the United States, polygraph testing has not hitherto routinely been used by government departments and authorities as a preemployment screening tool, but is increasingly being offered in the private sector in Australia. This article examines the current scope of polygraph testing in Australia, describes different approaches to testing, briefly reviews recent information relating to validity and evaluates State legislation prohibiting the use of polygraph testing for specified purposes in New South Wales. Consequent to the continuing controversy regarding the accuracy of polygraph testing in detecting deception (and, conversely, truth-telling), it is argued that the emerging use of polygraph testing is problematic and common law principles rendering the results of such testing inadmissible in court do not constitute sufficient safeguard against inappropriate and intrusive testing. Future research should identify specific polygraph testing techniques and consider the most socially beneficial way of regulating this emerging area of practice.     

Forced abortions and involuntary sterilization in China: are the victims of coercive population control measures eligible for asylum in the United States?

This Article discusses the propriety of granting political asylum to Chinese citizens fleeing China's coercive population control policy. It argues that China is persecuting some of its citizens through its population control policy and that the United States should grant asylum to those who have been persecuted or who have a genuine fear of future persecution.     

Vicarious Liability and Non‐Delegable Duty for Child Abuse in Foster Care: A Step Too Far?

In NA v Nottinghamshire County Council the Court of Appeal held that a local authority is not liable under vicarious liability or for breach of a non‐delegable duty when foster parents sexually or physically abuse a child that it has placed in their care. The note discusses the decision in the light of recent developments in the law. It is argued that the result is unsatisfactory in terms of doctrine and policy. It is further suggested that non‐delegable duty, rather than vicarious liability, offers the most appropriate route for establishing liability.