Underpinning success in the real world of corporations law

This paper reports on an action research project which sought to evaluate and guide ongoing teaching and learning development in Principles of Corporations Law, a semester-long unit of study. Typically, enrolments in this subject area include students from a range of cultural contexts for whom the legislative and administrative concepts of the unit are unfamiliar and who also experience significant difficulties with cultural conventions of communication and business practice. At our university, unit enrolments include a high proportion of distance education as well as non-English speaking background (NESB) students, predominantly from China, who have not studied units formerly considered as prerequisite, and many of whom experience difficulties with basic academic skills. As the development team planned and created teaching features to ensure better learning outcomes for these students, it was clear that some truly contextual thinking as well as some practicable solutions would be required. While we had determined in the redesign planning that scenario- or problem-based learning (PBL) with its emphasis on finding, understanding and using information in context, was best suited to help students acquire the skills that underpin success in the unit, our experience in the project indicated students had a broader range of more basic needs. It emerged that students were struggling with fundamental issues that would need to be addressed before real change could occur.     

Regarding/Disregarding: The Judicial Rhetoric of President Barak and the International Court of Justice's Wall Advisory Opinion

In Mara'abe v. Prime Minister of Israel (September 2005), Israel'sHigh Court addressed the effect which it should give to theInternational Court's Legal consequences of the constructionof a wall in Occupied Palestinian Territory advisory opinion.This had declared the wall illegal but, while affirming thatit shared the International Court of Justice's normative rulings,the High Court reiterated that it thought the wall a lawfulsecurity measure. Rather than dissect the substantive treatmentof the issues involved, this article examines the structureand rhetorical techniques employed by President Barak in hisleading judgment in Mara'abe. He effected a skilful practicaldisregard of the International Court's normative findings throughan elision of argument by relying on the doctrine of res judicata—aconcept that has no relevance whatsoever to advisory opinions.     

Book notes

Political Participation and Democracy in Britain by Geraint Parry, George Moyser and Neil Day. Cambridge: Cambridge University Press, 1992. Pp.xviii + 510; index, bibliography, three appendices. £60 (hardback); £17.95 (paperback). ISBN 0 521 33298 2 and 33602 3

Work and Citizenship in the New Europe edited by Harry Coenen and Peter Leisink. Aldershot: Edward Elgar, 1993. Pp.254; index, bibliography. £38.50. ISBN 1 85278 739 2

Capitalist Development and Democracy by Dietrich Rueschemeyer, Evelyne Huber Stephens and John D. Stephens. Cambridge and Oxford: Polity Press, 1992. Pp.387; index, bibliography, appendices. £45 (hardback); £14.95 (paperback). ISBN 0 7456 0398 X

Minority Representation and the Quest for Voting Equality by Bernard Grofman, Lisa Handley and Richard G. Niemi. Cambridge, London and New York: Cambridge University Press, 1992. Pp.174; index, bibliography. £30. ISBN 0 521 39128 8

Peace, Politics and Violence in the New South Africa edited by Norman Etherington. London: Hans Zell Publishers, 1992. Pp.352; index. £45. ISBN 1 873836 75 6

The State in Africa: The Politics of the Belly by Jean‐François Bayart. London and New York: Longman, 1993. Pp.370; index. £14.99 (paperback). ISBN 0 582 06421 X

Russia in Flux: The Political and Social Consequences of Reform edited by David Lane. Aldershot: Gower, 1992. Pp.xvi + 248; index. £45 (hardback); £14.95 (paperback). ISBN 1 85278 680 9 and 713 9

Democracy and Development by Axel Hadenius. Cambridge: Cambridge University Press, 1992. Pp.xi + 218; index, bibliography, appendices. £30. ISBN 0 521 41685 X

Power and Empowerment: A Radical Theory of Participatory Democracy by Peter Bachrach and Aryeh Botwinick. Philadelphia, PA: Temple University Press, 1992. Pp.ix + 211; index, bibliography. ISBN 0 87722 930 9

Democratization in Africa: African Views, African Voices edited by Sahr John Kpundeh. Washington, DC: National Academy Press, 1992. Pp.85. £17.95 (paperback). ISBN 0 309 04797 8

Marxism and Democracy by Joseph V. Femia. Oxford: Clarendon Press, 1993. Pp.204; index, bibliography. £25 (hardback). ISBN 0 19 827494 7

Dirty Politics: Deception, Distraction and Democracy by Kathleen Hall Jamieson. New York and Oxford: Oxford University Press, 1992. Pp.335; index, bibliography, appendices. $25 (hardback). ISBN 0 19 597854 3

Viva ‐ Women and Popular Protest in Latin America edited by Sarah A. Radcliffe and Sallie Westwood (International Studies of Women and Place Series). London and New York: Routledge, 1993. Pp.270; index, bibliography. £40 (hardback); £12.99 (paperback). ISBN 0 415 07312 X

Dimensions of Radical Democracy edited by Chantal Mouffe. London: Verso, 1992. Pp.254; bibliography. £12.99 (paperback). ISBN 0 86091 556 5

Democracy and Discontent: India's Growing Crisis of Governability by Atul Kohli. Cambridge: Cambridge University Press, 1990. Pp.420; index, bibliography. £35 (hardback). ISBN 0 521 39161 X     

Social injustice and economic dynamism in contemporary Korea

Abstract

This article examines the processes of labor market restructuring and welfare reform in South Korea since the 1997/98 crisis, arguing that the Korean state-capital complex has succeeded in effecting a substantial redistribution of income from labor to capital. This redistribution of income has played a critical role in enhancing Korea's international competitiveness and in facilitating a return to sustained growth. The principal mechanisms through which this redistribution has been achieved are the intensified exploitation of weaker sections of the proletariat and the reduction of the traditionally more protected organized sections of the workforce in major firms. At the same time, the state has strengthened welfare safety nets and sought to place concerns about structural competitiveness at the heart of the welfare regime through the promotion of vocational training. What has been most striking about the process of welfare reform, however, has been the capacity of the state to limit the growth of welfare expenditures/provision whilst simultaneously creating massive new labor market insecurities. As a result of the success of the Korean state in restructuring labor markets in order to effect a redistribution of income from weaker sections of the proletariat to capital and limiting the growth of social spending we have witnessed a marked increase in inequality since 1997. Korea's apparent success in transforming itself into a competitive, dynamic neoliberal economy must, therefore, be understood as being symbiotically linked to the intensification of inequality.     

The Reality of Conducting a War Crimes Trial

Since proceedings at the international criminal tribunals areessentially adversarial in nature they inevitably are party-led,rather than judge-led. The inherent challenges of conductinga large-scale war crimes trial are further exacerbated whenthe accused chooses to represent himself. However, the authorbelieves the bench has the opportunity, by robust applicationof a number of rules already available, to exert considerableinfluence over the course of events at all stages of proceedings,thereby ensuring fair and expeditious war crimes trials. Thereal benefits of the judicial process are to be found in thesuccessful prosecution of the guilty and exoneration of theinnocent: in view of the massive size of cases before the tribunals,that is only achievable by judicial control and focus on thereal issues in dispute, even if this implies that the tribunalscan no longer satisfy some of the original expectations withwhich they were set up. The author identifies a number of practicalissues, to which judges at tribunals should always be alert,and illustrates some by reference to events during the trialof Slobodan Miloevi, as well as current proceedings before theICTY.     

UK OC OK? Interpreting Optimal Classification Scores for the U.K. House of Commons

Iain McLean Nuffield College, Oxford University, Oxford OX1 1NF, United Kingdom. e-mail: iain.mclean{at}nuffield.ox.ac.uk e-mail: spln{at}mail.rochester.edu (corresponding author) Poole's (2000, Non-parametric unfolding of binary choice data.Political Analysis 8:211–37) nonparametric Optimal Classificationprocedure for binary data produces misleading rank orderingswhen applied to the modern House of Commons. With simulationsand qualitative evidence, we show that the problem arises fromthe government-versus-opposition nature of British (Westminster)parliamentary politics and the strategic voting that is entailedtherein. We suggest that political scientists think seriouslyabout strategic voting in legislatures when interpreting resultsfrom such techniques.     

Mental health expertise at prison reception

Although screening has become an established procedure in prison health care, some difficulties persist. In attempts to improve this, many local adaptations have been introduced, but few have been evaluated. We introduced an adaptation – mental health expertise (a Community Psychiatric Nurse, CPN) – into the reception area of a busy remand prison, and compared standard and enhanced assessment procedures over a six-month period. Referrals (n = 67) were significantly more likely to be suitable for onward caseworking by the clinical team after a CPN was introduced. The team showed little evidence of the ‘mission creep’ (where teams operating at a secondary level absorb mental health problems at a primary care level) that has been described elsewhere in the literature. Despite its limitations, this evaluation suggests that prison pathways can be improved by relatively inexpensive local initiatives, and that advancing specific mental health expertise into prison reception areas can enhance existing processes.     

The evolution of regulatory enforcement action in the UK capital markets: a case of 'less is more'?

The first 150 words of the full text of this article appear below. Key points

• Formal enforcement action is a relatively rare occurrencewithin the UK capital markets regulatory framework. This characteristicdistinguishes the UK from the US, where there is a more intensefocus on enforcement, both public and private.
• Several featuresof the UK regulatory system contribute towards a low incidenceof enforcement. Some of these features are embedded in the statutoryframework, but the FSA has played a key role in the developmentof enforcement policy, while the continuing presence of self-regulationin the form of the Combined Code has also played a part.
• Thefocus on risk-based regulation in the UK has been a major influencefor enforcement policy. The move to more principles-based regulationhas also been a factor but one that is more difficult to interpret.If it is correct to assume that principles-based regulationdoes not affect the intensity of regulation, then the effecton the . . . [Full Text of this Article]