Les échevins et la formulation des politiques: Note méthodologique

Sommaire. Cet article examine la question du rǒle des échevins dans la formulation des politiques municipales, tout particulièrement les aspects méthodolo-giques de la question. Dans une première section, nous démontrons que la plupart des études qui ont analysé le rǒle des échevins n'ont pas réussi à ex-pliquer l'output municipal. L'échec s'explique par le fait que ces études privi-légient à peu près exclusivement les attitudes des échevins et n'accordent que peu de place aux comportements et au contexte objectif et concret dans lequel les échevins travaillent. Dans une deuxième section nous démontrons, à partir du cas de Hull, comment une étude des conditions concrètes de travail des échevins peut nous éclairer sur la formation des politiques municipales. Cette etude des ‘ faits matériels » du monde des échevins souligne l'importance des administrateurs municipaux. Les décisions du Conseil municipal ne relevent que très peu de considérations abstraites et ces décisions sont prises dans un cadre donné, un cadre en bonne partie façonné par les administrateurs municipaux. En somme, la principale conclusion qui nous semble émerger de l'étude, c'est l'importance, pour bien saisir le rǒle de l'échevin dans la formulation des politiques, de situer ce rǒle dans sa pratique quotidienne. Abstract. This article examines the question of the role of municipal councillors in the formulation of public policy, with particular emphasis on the methodological dimension of this question. In a first section the authors show that most of the studies that have examined the role of municipal councillors have not succeeded in explaining the municipality's policy output. This failure can be explained by the fact that these studies look principally at the attitudes of the councillors and give very little attention to behaviour or to the real environment in which the councillors work. In a second section we attempt to show, based on the example of Hull, how a study of the concrete working conditions of municipal councillors can illuminate the process of policy formulation. This study of the councillors' ‘real world’ illustrates the importance of the municipal administrators. Council decisions are not taken in the abstract, they emerge from a specific context or framework and this framework is largely structured by the municipal administrators. The major conclusion that emerges from the study is the importance, in order to understand the role of municipal councillors in policy-making, of situating this role in the context of the day-to-day work of the councillors.     

Design and Crime: Proofing Electronic Products and Services against Theft

This paper introduces the work of Project Marc (an EU-funded project to develop mechanisms for assessing the risk of crime) and discusses both difficulties encountered throughout the project and progress made since the project ended. The authors introduce the papers contained within this special edition and summarise their relevance to crime-proofing. The paper discusses progress made within this field in the decade prior to Project Marc and makes recommendations to ensure that the ideas move forward.

Whose business is your pancreas? Potential privacy problems in New York City's mandatory diabetes registry

This article examines a recent New York City health regulation that mandates the compilation and storage of individual medical data from nearly all diabetics in a centralized registry. The authors distinguish this novel registry from prior health registries and scrutinize its potential to compromise individual privacy. In order to address privacy and other concerns, the authors offer suggestions for changes to the current statutory framework of the registry that will also be useful when considering the creation of similar public health registries in other cities.     

The new consumer and business protection regulations: another string to the brand owner's bow?

Legal context: This article assesses the impact of The Consumer Protectionfrom Unfair Trading Regulations 2008 (CPRs) (implementing theUnfair Commercial Practices Directive) and The Business. Protectionfrom Misleading Marketing Regulations 2008 (BPRs) (implementingthe consolidated and codified Misleading and Comparative AdvertisingDirective) on areas of marketing and advertising in which IPrights often become involved and the impact of the recent ECJdecisionon their application in the O2 v Hutchison 3G referencebythe Court of Appeal. Key points: The CPRs govern advertising and promotional activities aimedat consumers. Much of the consumer and business protection legislationpreviously scattered amongst various Acts has been repealedand replaced by elements of the BPRs or CPRs. In total, 36 Regulationsand Orders and 41 Acts are affected. The BPRs now govern misleadingmarketing and comparative advertising, previously dealt withunder the Control of Misleading Advertising Regulations 1988.The article looks at how these Regulations may be applied insituations which interested parties currently attempt to resolveusing trade mark or passing off laws. Practical significance: The new Regulations are aimed at the protection of consumersand businesses from unscrupulous marketing and trade promotionpractices which affect their economic behaviour. Thirty-onepractices are specifically identified as automatically fallingfoul of the Regulations. Businesses will need to review theirpractices to avoid the possibility of criminal penalties includingfines and imprisonment for consenting, conniving, or recklessofficers of businesses involved in such practices. Until the ECJ decision in O2 v Hutchison 3G, it had been thought(from Jacob LJ's finding in his reference to the ECJ in thiscase) that trade mark law had no role to play in comparativeadvertising as it was specifically provided for under the ComparativeAdvertising Directive and hence under the BPRs. Since thesedid not provide an individual right of action (the OFT or TradingStandards alone may enforce), it left trade mark owners withlittle muscle in comparative advertising situations. However,the ECJ made clear that where practices fail to satisfy thecriteria set out in the Directive for legitimate comparativeadvertising, trade mark law may be invoked as a remedy. Thiswill be a relief to major brand owners for whom comparativeadvertising is commonly a concern.     

Debugging Decomposition Data—Comparative Taphonomic Studies and the Influence of Insects and Carcass Size on Decomposition Rate

Abstract:  Comparison of data from a variety of environments and ambient temperatures has previously been difficult as few studies used standardized measures of time/temperature and decomposition. In this paper, data from previous studies and recent experiments are compared using simple conversions. These conversions allow comparison across multiple environments and experiments for the first time. Plotting decomposition score against logADD allows the exponential progression of decomposition to be expressed as a simple linear equation. Data comparison from many environments and temperatures shows no difference in decomposition progression when measured using Accumulated Degree Days. The major effector of change in rate was insect presence, regardless of depositional environment, species, or season. Body size is significant when carcasses are accessed by insects; when insects are excluded, while bodies are indoors, submerged, or buried, then decomposition progresses at the same rate regardless of body size.     

Assessing Trauma-Related Dissociation in Forensic Contexts: Addressing Trauma-Related Dissociation as a Forensic Psychologist,Part II

Chronic dissociative reactions and dissociative disorders can occur following traumatic events and are associated with suffering and impaired functioning. Therefore, trauma-related dissociation could be part of the claims made in civil actions or contribute to mitigation or an insanity defense in criminal actions. Dissociative reactions to trauma, including dissociative disorders, are more common than most mental health professionals realize. Unfortunately, few professionals have training in the assessment of dissociation, and forensic experts may be unaware of research indicating that standard interpretations of well-regarded assessment instruments can result in inaccurate determinations of symptom exaggeration in cases with dissociation. This paper is the second paper of a two-part series that aims to expand assessors’ knowledge about trauma-related dissociation (TRD) and enhance their ability to assess and present information about dissociation. In this article, we focus on the forensic assessment of TRD and discuss: dissociative symptoms; complex trauma; trauma-related disorders; an approach to assessment of TRD; trauma-related reactions that can impede the detection of TRD; and differential diagnosis of genuine versus feigned dissociation. In addition, we review research related to the validity and appropriate interpretation of the following measures in use with persons with TRD: Dissociative Experiences Scale, Multiscale Dissociation Inventory, Somatoform Dissociation Questionnaire, Trauma Symptom Inventory-2, Multidimensional Inventory of Dissociation, Structured Clinical Interview for Dissociative Disorders-Revised, Minnesota Multiphasic Personality Inventory-2, Personality Assessment Inventory, Structured Interview of Reported Symptoms, Test of Memory Malingering, and the Gudjonsson Suggestibility Scale.     

Risk factors for stalking violence,persistence, and recurrence

This study used a retrospective design to investigate risk factors associated with violence during a stalking episode, persistence (increased duration of stalking) and recurrence (multiple subsequent separate stalking episodes) in 157 people (91% male, mean age 35 years) with an established history of stalking behaviour. Results showed that diverse risk factors are associated with different types of stalking outcomes. Consistent with previous research, stalking violence was more likely to occur when the victim was an ex-intimate, when explicit threats had been made and where there had been previous property damage (AUC = .74). Personality disorder, older age, criminal versatility, a prior acquaintanceship and erotomanic delusions (AUC = .75) predicted stalking recurrence. Finally, previous acquaintanceship, the presence of delusional beliefs and the absence of a history of physical or sexual violence were associated with stalking persistence. These results clearly show that effective assessment and management of stalking requires consideration of different stalking outcomes and the diversity of associated risk factors.