Risk adjustment and risk equalization: what needs to be done?

In this paper, we first deal with the rationale of risk adjustment and risk equalization in health insurance markets. Then we discuss the state of the art concerning the application of risk adjustment and risk equalization in practice. Finally, we focus on: What needs to be done?     

It's not just about the profits: privatisation,social enterprise and the ‘John Lewis’ prison

Abstract

The introduction of the Community Order (CO) and Suspended Sentence Order (SSO) in the 2003 Criminal Justice Act, on paper at least, radically reconfigured community sentences in England and Wales. The CO replaced the range of community sentences previously available with a single sentence. The SSO brought in a custodial sentence to be served in the community unless breached. Both orders were to be made up of one or more requirements from a possible of 12 (including unpaid work, supervision, accredited programmes, curfew and drug treatment).     

Yoga and restorative justice in prison: An experience of “response‐ability to harms”

Divisions within the contemporary restorative justice movement in the US often manifest in one state‐supported model: balanced and restorative justice (BARJ). Paul McCold, in this symposium frames the problem with BARJ as one of a corruption of restorative justice principles by its foundation in community justice. This article suggests that BARJ and McCold’s critique share a neglect of the transformative potential of restorative justice for realizing social and economic justice. Moreover, recent experience indicates that BARJ policy planning can take place in a way supportive of Social Equity Restorative Justice (SERJ). The time appears opportune for some peacemaking within the movement.     

Learning to be cruel?: exploring the onset and frequency of animal cruelty

Few studies have examined how animal cruelty is learned within a specific social context among incarcerated individuals. Using data from 261 inmates, this study specifically addressed how demographic characteristics and childhood experiences with animal abuse may have affected the recurrence and onset of childhood and adolescent cruelty as a learned behavior. Multiple regression analyses revealed that inmates who experienced animal cruelty at a younger age were more likely to demonstrate recurrent animal cruelty themselves. In addition, respondents who observed a friend abuse animals were more likely to hurt or kill animals more frequently. Finally, inmates who were younger when they first witnessed animal cruelty also hurt or killed animals at a younger age.     

“Too much changing has happened to go back”: professional development,paradigm shifts and poetry

Restorative justice (RJ) holds significant potential as a means for nurturing relational school cultures and addressing harm within those contexts. However, educators participating in professional development (pd), often articulate a commitment to RJ in principle but tend to continue practicing a pedagogy that focuses on controlling student (mis) behavior apart from its relational context. Considering the strong philosophical perspective of humanity on which RJ is grounded, this phenomenological case study examines the impact of pd that explicitly (a) engages with core beliefs and values of RJ and (b) invites participants to examine their personal philosophical stance. Employing theory-guided analysis and poetic inquiry to examine participants’ reflections nine months following their experience, results indicate that commitment and practice are better aligned. A significant change in perspectives emerges self; others; current practice; and group engagement. A list of recommended components for professional development concludes the article.     

Transitions in the negotiations on climate change: from prisoner’s dilemma to chicken and beyond

Frequently, international environmental negotiations have been analyzed in two-agent (2 × 2) games. Yet, in order to involve additional strategies, (3 × 3) games gained attention recently. We employ such a (3 × 3) game setting in order to depict international negotiations on climate change and integrate both the prisoner’s dilemma and the chicken games in this setting. We analyze transitions of negotiation states and describe how ancillary benefits and first-mover advantages influence agents’ behavior in the negotiations, when three different strategies or levels of climate protection efforts are available. Finally, we also integrate strategies to mitigate and to adapt to climate change into the analysis in the (3 × 3) game setting.     

Trademark parody and the mass media: Going beyond survey evidence in the determination of “a likelihood of confusion”

This article examines trademark parody in statutory and mass media case law by, in part, analyzing several key cases which illustrate the use of quantitative social science research in the determination of trademark parody infringement. Although the definition and nature of trademark parody has not been settled definitively, courts’ attitudes toward survey evidence, particularly its probative value and materiality in the determination of copyright and trademark infringement litigation, have evolved over time. Courts now admit survey evidence if it meets certain methodological conditions. In trademark parody litigation, survey evidence pointing to a “likelihood of confusion” has evolved as the standard test of trademark infringement. However, there are questions whether vague, subjective concepts like “a likelihood of confusion” and “perception of substantial similarity” between trademarks can be adequately measured by consumer surveys. It is argued that multi‐method research which has both quantitative and qualitative aspects would provide more reliable data than the “one‐shot” surveys or case studies that are widely used in settling trademark infringement cases.     

“A different world” exploring and understanding the climate of a recently re-rolled sexual offender prison

Understanding how sexual offenders experience prison and its environment is important because such experiences can impact on rehabilitation outcomes. The purpose of this research investigation was to explore the rehabilitative and therapeutic climate of a recently re-rolled sexual offender prison. The research took a mixed methods approach and consisted of quantitative and qualitative phases. There were differences between prisoners and staff on their perception of the prison climate and for prisoner and staff relationships. The qualitative results helped to explain the quantitative findings and added a more nuanced understanding of the experience of the prison, the nature of prisoner and staff relationships and the opportunities for personal growth within the prison. The study has important implications for prisons that co-locate sexual offenders and want to provide an environment conducive to rehabilitation.     

The “care package,” prison domestic violence programs and recidivism: a quasi-experimental study

Objectives

Although there are many evaluations of domestic violence rehabilitation programs, it is still unclear “what works” in this field, especially when it comes to programs within prison walls. Today, most studies indicate that domestic violence programs based on cognitive behavioral treatment, or psycho-educational models show small positive results. Yet, there is still insufficient empirical literature providing adequate evidence for the impact of integrative treatment, where different methods and approaches toward domestic violence prisoners are employed within the same rehabilitation-program framework while incarcerated. Our study examined the effects of an integrative domestic violence program with a therapeutic “package” implemented in Israel with the goal of reducing recidivism rates among prisoners in general, and especially with regard to violent offenses.

Methods

Using propensity score matching methods, we compared treated offenders to a matched sample drawn from all convicted prisoners who were released from prison between 2004 and 2012.

Results

The findings indicate that the percentages of reincarceration and rearrests of inmates, who participated in integrative domestic violence program, were significantly lower during a period of up to 4 years after release.

Conclusions

Our conclusion is that the integrative effect of different treatments along with a supportive prison climate increased the success of inmates who participated in the domestic violence program.

     

Accumulating meaning,purpose and opportunities to change ‘drip by drip’: the impact of being a listener in prison

Established in 1991, the Listener scheme, regulated by the Samaritans, is currently the best-established peer support scheme in place to help reduce suicide in prisons. Each prison Listener team is comprised of a group of inmate volunteers who provide face-to-face emotional support to their peers. Although the scheme has been in operation for over 20 years, empirical research on the scheme is limited. A deeper understanding of how being a Listener affects prisoners' attitudes, beliefs, emotions and experiences of imprisonment is needed. The present study is a qualitative analysis on the experience of being a Listener and the impact it has on individuals and their prison experience. Interviews were analysed using interpretative phenomenological analysis. The analysis revealed two main superordinate themes: ‘Listening and Personal Transformation’ and ‘Countering Negative Prison Emotions’. These themes are unpacked and the analysis focuses on their implications for desistance and offender reform. Results suggest that prisoners who adopt Listener roles experience profound internal changes, shifts in self-identity and gain meaning and purpose from prison. Implications for how such schemes may be utilised in the future and suggestions for further research are offered.     

Inquest into the death of a prisoner co-infected with HIV and hepatitis C: how many more will there be?

Michael Joseph LeBlanc probably became infected with HIV and Hepatitis C while incarcerated in a federal penitentiary. On 18 November 1999, he died at the Regional Hospital in Kingston Penitentiary of complications relating to hepatitis C. Mr LeBlanc died inhumanely, in extreme physical, psychological and emotional distress. His death raises the issues of transmission and prevention of HIV and hepatitis C, compassionate release, and health care and palliative care in federal prisons. An Inquest under the Coroners Act was held in Kingston, Ontario from 30 January to 1 February 2001. These same issues had been raised previously at the October 1997 coroners inquest into the death of William Bell, a person living with AIDS who died while incarcerated in another federal penitentiary.     

“You must be joking”: the role of humour in the law classroom

There is a body of literature, including persuasive empirical evidence, linking the use of positive humour in tertiary classrooms with the creation of a relaxed learning environment, student motivation, attendance and engagement as well as positive student evaluations of teacher performance. However, the literature on the use of humour in teaching law is generally limited to anecdotal evidence. Drawing on the literature on using humour in teaching courses that students perceive as “difficult” in other disciplines, in this article we explore the benefits and pitfalls of using humour in the law classroom and provide illustrations of how humour might be used appropriately and effectively in teaching law.     

“Sealfie”, “Phoque you” and “Animism”: The Canadian Inuit Answer to the United-States Anti-sealing Activism

A corpus made by online Canadian newspaper articles, coming from the archives of CBC News, Vice Canada and Huffington Post Canada, and related multimedia contents such us audio interviews, videos and especially links to images and comments shared on Twitter, allows us to reconstruct the debate on the seal hunt that involved Canadian media in 2014. In specific, we propose an interpretation of the pro-sealing discourse by Canadian Inuit and Newfoundlanders as an ironic and incisive answer to the serious United States animal rights activists discourse, explaining how these two different points of view on animals come from a different experience of the environment and a different conception of nature. The image of the seal became the friction point between Western naturalism against Inuit animism: a multinaturalist (Descola in Beyond nature and culture, The University of Chicago Press, Chicago, 2013) clash in the North America post-colonial situation. A clash solved by people as Tanya Tagaq and other Inuit artists that belong to these two different semiospheres (Lotman in Universe of the mind. A semiotic theory of culture. Indiana University Press, Bloomington 1990) and thanks to their border placement can allow a dialog between Inuit and North American cultures traducing aesthetic forms, values and meanings. To study the structures of meaning at the base of this clash and iconoclash (Latour, in Weibel, Latour (eds) Iconoclash. Beyond the image-wars in science, religion and art, pp 14–37, ZKM and MIT Press, Boston, 2002) on the artic seal between opposite cultures, it has been necessary to use the socio-semiotic approach (Greimas and Courtés in Semiotics and language: an analytical dictionary, Indiana University Press, Bloomington, 1982, Marrone in Corpi sociali. Processi comunicativi e semiotica del testo, Einaudi, Torino, 2001) with the help of semiotics of culture tools (Lotman in Universe of the mind. A semiotic theory of culture. Indiana University Press, Bloomington, 1990, Culture and explosion. Mouton de Gruyter, Berlin, 2009].     

European Citizenship and the Right to Reside: ‘No One on the Outside has a Right to be Inside?’

This paper deals with the question: Who ought not to be excluded from the enjoyment of European citizenship rights? Recently, the Court of Justice has ruled that, in exceptional situations, the ‘genuine enjoyment of the substance of rights attaching to European citizenship’ can be invoked in order to also extend legal protection to specific categories of third country nationals. I will argue that the ‘genuine enjoyment’ formula is not only setting an innovative jurisdictional test concerning European citizenship rights, but that it is also highlighting how the traditional account of citizenship (from status to rights) can be conceptually reversed. This happens in threshold cases, where the tenability of the schema of distribution of rights, agreed within a political community, depends on the possibility to readjust the boundaries of political membership.