Obstacles to preserving precaution and equity in global hazardous waste regulation: an analysis of contested knowledge in the Basel Convention

The Basel Convention is regaining attention for the potential entry into force of the heretofore stalled Ban Amendment. In this paper, we draw parallels between the current debate surrounding the Ban Amendment and contestations that occurred in the early years of the Basel Convention’s Technical Working Group (TWG) over defining ‘hazardousness.’ Like the present debate, TWG deliberations involved a contestation between two divergent discourses concerning how hazardous wastes should be regulated—as ideally managed versus actually managed in the global South. Scholars have shown how the TWG is a site for industry to press for a definition of hazardousness favorable to their economic interests. However, explorations of the specific processes by which this occurred—particularly, how a framework for defining hazardousness that privileges private technical expertise over concerns of precaution and equity was successfully institutionalized within the TWG—have yet to be completed. We show that it is important to reexamine this debate today in order to better understand current Basel Convention developments.     

Beyond Global Capitalism: a Review of The Subsistence Perspective

This article presents some critical reflections on Maria Mies' advocacy of a 'subsistence perspective'. This perspective offers a challenging account of global capitalism, while at the same time avoiding the cul-de-sac of neo-primitivism. I review the focal emphasis that Mies puts on agriculture and the peasant economy, and on decentralised politics (direct democracy). But I also indicate the limitations of Mies' political vision in that she advocates the continuance of both the state and the wage system.     

An Alan Keyes Effect? Examining Anti-Black Sentiment Among White Evangelicals

Given its historical and contemporary importance, it is noteworthy that the relevant literature generally overlooks the role that religion and its accompanying values play in determining support for black candidates. In addressing this question, we review the historical and theological bases of evangelical attitudes toward blacks. We then present experimental results that examine evangelical attitudes toward blacks. We follow this with results from the 2006 Pennsylvania gubernatorial and U.S. Senate races to bolster the experimental findings. Finally, we discuss our findings and their implications for GOP attempts to recruit black candidates who can appeal to moderate white and black voters without losing support from the GOP’s evangelical base.     

“Rally Round the Flag” Events for Presidential Approval Research

Since Mueller's [Mueller, J., 1970. Presidential popularity from Truman to Johnson. The American Political Science Review 64 (1), 18–34.] pioneering study, students of presidential approval ratings have agreed that major events affect these ratings. Despite this consensus, there is wide divergence in the ways that scholars have selected events for inclusion in models of approval ratings. This inconsistency inhibits direct comparisons across studies and raises the possibility that results are contingent on those selection criteria. Thus, what we have learned about the impact of various factors that may affect approval may depend on the details of selection criteria. Practically, scholars analyzing presidential approval ratings for any theoretical purpose must construct a list of events themselves, which takes considerable time. We propose a set of selection criteria and construct a list of events from 1953 to 2006 that scholars can employ. We also demonstrate that the list of events generates empirical results that comport with extant findings in the presidential approval literature.     

What Is Sociology’s Contribution Beyond the Humanities and Other Social Sciences?

Invitation to Sociology makes known that sociology is a coherent and value-added academic discipline. In exploring the continuing relevance of Invitation to Sociology, the time is ripe to reconsider sociology as a value-added intellectual enterprise. This paper answers this question: What does sociology have to offer beyond what the humanities and its sister social sciences already provide? This paper answers this question by identifying the four elements that compose the sociological tradition. These elements are social action; embeddedness; social problems; and social construction. I argue that these elements are more pronounced in sociology than in any other academic discipline, and hence contribute to the value-added character of sociology.     

Using after-the-event insurance and conditional fee agreements in defending weak IP claims

Legal context: As the cost of IP litigation increases, the cost of defendinga claim can be prohibitive, even if the defendant is ultimatelysuccessful. In this article, the authors consider how after-the-event(‘ATE’) insurance and conditional fee agreements(‘CFA’) can be used in IP disputes. Key points: The authors describe a recent innovative ATE insurance product,explain how ATE insurance and CFAs can be applied to IP disputes,and explain how a combination of ATE insurance and a CFA canput the defendant in a very strong position, with a high degreeof certainty of costs. Practical significance: The fact that a party has obtained offers of ATE insurance and/ora CFA indicates to the other side that (i) its solicitors areconfident of succeeding, (ii) it has obtained a favourable counsel'sopinion; and (iii) there is likely to be a substantial disparityin each side's potential costs. This gives rise to a usefuladditional benefit of a tactical advantage given to the defendant,which may lead to an early settlement on terms favourable tothe defendant.     

Functional mental capacity is not independent of the severity of psychosis

BACKGROUND: Function-specific mental capacities are the legal criteria for competence. These are regarded as superior to clinical assessments of mental state and general function. AIMS: To determine whether tests of fitness to plead and capacity to consent are independent of each other and independent of mental state and global function in psychosis. METHOD: The MacCAT-T and MacCAT-FP, PANSS and GAF were administered to 102 compulsorily detained forensic patients with psychosis. Criteria for incompetence were inability to express a preference concerning treatment, and independent rating as unfit to plead. RESULTS: MacCAT-T, MacCAT-FP totals and sub-scales correlated with each other and with PANSS and GAF. Those independently rated unfit to plead or who were incapable of making a treatment choice scored significantly worse on all rating scales. No test had satisfactory sensitivity or specificity. CONCLUSIONS: Legal definitions of mind and of functional capacity offer a basis for structured clinical judgement regarding decision-making capacity. However, function-specific measures of understanding, reasoning and appreciation generate much the same results as measures of mental state and global functioning.