Practical guidelines on incorporating “partnering” within IT agreements for public sector bodies

“Partnership” and “partnering” are two of the most frequently used terms in public sector procurement. They may be used by both customers and suppliers to justify their respective negotiating positions. A supplier may argue that, since the agreement is a “partnership agreement”, there should be no service credits or liquidated damages payable. The customer on the other hand, may argue, on similar grounds, that it wants to benchmark the supplier and have a broad right to audit every aspect of the supplier’s business.But despite being well used phrases, most guidance relating to these concepts does not define how “partnerships” or “partnering” is to work in practice. While most talk of the supplier and the customer working together “in partnership” with common aims, there is little information available as to how this will be incorporated into agreements, particularly in the context of large scale IT procurements.¹ The purpose of this article is to review the available guidance and detail some of the ways in which this guidance can be incorporated into legal agreements.     

An Analysis of the Effects of Subjective and Objective Instruction Forms on Mock-Juries' Murder/Manslaughter Distinctions

Defendants' emotions at the time of their crimes may potentially serve as mitigating circumstances in murder/manslaughter cases. The present study examined whether differences between two forms of instructions given juries in such cases affected mock-juries' murder/manslaughter distinctions. Jurors' reasons for their verdicts and definitions of murder and manslaughter were also compared. In addition, three factors found to be predictive of murder/manslaughter distinctions in previous research were evaluated. It was found that, though instruction forms affected jurors' stated reasons for their verdicts and their definitions of murder and manslaughter, they did not significantly affect murder/manslaughter distinctions. Defendants were most likely to be convicted of murder if they had a history of violence with the victim and dwelt upon their emotions. We suggest jurors likely construe instructions given them to fit their a priori understandings of murder, manslaughter, and the potentially mitigating role of defendants' emotions.     

Analysis of the First- and Second-Generation Raving Dragon Novelty Bath Salts Containing Methylone and Pentedrone

In recent years, a large number of designer drugs sold as “Bath Salts” have appeared on the market. In July of 2011, Raving Dragon Novelty Bath Salts was obtained over the Internet. This product became unavailable in October of that year coinciding with the DEA issuing a temporarily schedule of mephedrone, methylone, and MDPV. Four months later in February of 2012, a new product was released from the same company under the new name Raving Dragon Voodoo Dust. The contents of both products were identified using spectroscopy methods: nuclear magnetic resonance, infrared, UV–visible, tandem mass spectrometry, and high-resolution time-of-flight mass spectrometry. It was determined that Raving Dragon Novelty Bath Salts contained methylone. The replacement product Raving Dragon Voodoo Dust contained the unscheduled drug pentedrone. The Raving Dragon brand of products illustrates the rapid change of ingredients in these products to circumvent laws restricting availability, distribution, and use.     

Exposure to Violence Predicting Cortisol Response During Adolescence and Early Adulthood: Understanding Moderating Factors

Previous research on the association between violence and biological stress regulation has been largely cross-sectional, and has also focused on childhood. Using longitudinal data from a low-income, high-risk, predominantly African-American sample (n = 266; 57 % female), we tested hypotheses about the influence of cumulative exposure to violence during adolescence and early adulthood on cortisol responses in early adulthood. We found that cumulative exposure to violence predicted an attenuated cortisol response. Further, we tested whether sex, mothers’ support, or fathers’ support moderated the effect of exposure to violence on cortisol responses. We found that the effect of cumulative exposure to violence on cortisol was modified by sex; specifically, males exposed to violence exhibited a more attenuated response pattern. In addition, the effect of cumulative exposure to violence on cortisol was moderated by the presence of fathers’ support during adolescence. The findings contribute to a better understanding of how cumulative exposure to violence influences biological outcomes, emphasizing the need to understand sex and parental support as moderators of risk.     

EU public affairs and the White Paper on Governance

The White Paper on Governance process[This analysis covers the period up to and including the publication of COM (2001) 428 of 25.7.2001, ‘European Governance: A White Paper’.] began life as a search for an issue by a new Commission President. The issue is packaged as enhancing/modernising democracy in the EU and legitimising EU institutions, and searches for further avenues of civil participation. The process ‘sells’ the concept of ‘democratic deficit’, though reveals a highly open and accessible system which is already severely overloaded by interest representation. Rather than escalating a ‘lobby free for all’, the opportunity could be taken to strengthen governance by organising EU interest representation. This could be done by accrediting associations that are able to meet strict criteria of representativity as ‘governance partners’, making them sufficiently attractive to their members to work through them rather than bypassing them, and which would strengthen their ability to contribute to EU governance as policy capable organisations. These associations could find a place in a revamped and reorganised Economic and Social Committee, which would be engaged at a much earlier stage in the EU policy process. Copyright © 2001 Henry Stewart Publications     

Representation,neighboring districts,and party loyalty in the U.S. Congress

Legislative scholars often assume that legislators are motivated by concerns over re-election. This assumption implies that legislators are forward-looking and are motivated by a concern over what their re-election constituency will look like during their next electoral cycle. In this research, we show how the forward-looking nature of legislators motivates members of the U.S. House of Representatives to represent both their home district and their neighboring districts in their choices regarding when to support their own party. Using survey responses to the 2006, 2008, and 2010 Cooperative Congressional Elections Study to construct measures of Congressional District ideology, empirical analysis is strongly supportive of our claims. Legislators’ choices are strongly influenced both by the ideology of their home district and that of the districts that neighbor their home district. Thus, the electoral connection between citizens and representatives extends beyond a legislator’s own constituents to include the constituents in neighboring districts.     

Do Campaign Donors Influence Polarization? Evidence from Public Financing in the American States

Does the source of campaign funds influence legislative polarization? We develop competing theoretical expectations regarding the effects of publicly financed elections on legislative voting behavior. To test these expectations, we leverage a natural experiment in the New Jersey Assembly in which public financing was made available to a subset of members. We find that public financing exerts substantively negligible effects on roll‐call voting. We then find a similar result in an examination of state legislatures. We conclude that, counter to the logic of the US Supreme Court, pundits, and reformers, the source of campaign funds exerts minimal influence on polarization.     

Representation,Competing Principals,and Waffling on Bills in US Legislatures

Legislators are often placed in the position of representing the interests of their constituents against the preferences of their own party leaders. We develop a theoretical framework indicating that these cross‐pressured legislators are more likely to initially support legislation and subsequently change their minds than are legislators whose constituents and leaders share similar preferences. Moreover, we expect this pattern to be most pronounced among members of majority parties than minority‐party members. We test our expectations using data on bill cosponsorship and final passage votes from 46 lower state legislative chambers and the US House, finding considerable support for our theory.