The impact of TUPE on compulsory competitive tendering: Evidence from employers

The transposing of the 1977 Acquired Rights Directive into UK law has resulted in prolonged uncertainty regarding whether its protection of terms and conditions of employment extends to workers transferred under compulsory competitive tendering (CCT). In this paper we examine briefly the origins and scope of the directive and the development of relevant case law. We then report the results of a survey of employers confirming the existence of widespread confusion over the legal position of transferred employees. We also provide evidence that terms and conditions of employment are commonly being revised following CCT transfers. Concentrating upon the responses of contractors we show that any experience of litigation tends to lead to a less favourable assessment of the overall success of CCT. We conclude by examining both the causes and consequences of the continuing legal confusion associated with CCT transfers and consider the policy implications of our findings.     

Is the Process the Only Punishment?: Racial–Ethnic Disparities in Lower-Level Courts

Although misdemeanors make up the bulk of criminal cases in the United States, the majority of research on court decision-making examines felony sentencing. In contrast to felony courts, lower-level courts are characterized by higher case volumes and increased reliance on informal sanctions, which may contribute to greater racial–ethnic disparities. To assess this possibility, we examine pretrial detention and case processing outcomes for misdemeanants in Miami-Dade County, Florida. Utilizing temporal (detention time) and monetary (bond amount) measures of pretrial detention, we assess whether and to what extent there are racial–ethnic disparities in formal and informal sanctions facing misdemeanants. Results indicate that black defendants, especially black Latinx defendants, face greater informal sanctions (longer detention and higher bond amounts), are more likely to be convicted, and experience more severe formal sanctions than do white non-Latinx defendants. These findings complicate Feeley's (1979) argument about lower-level cases, revealing that black defendants are punished by both the court process and formal sanctions. In this way, “the process is the punishment” for lower-level white and nonwhite defendants, while the punishment is also the punishment for black defendants.     

West Nile virus encephalitis

West Nile virus (WNV) is a mosquito-borne virus that has caused a large number of deaths in the United States since the first outbreak in New York City in 1998. The outbreak initially was limited to the northeast but has since spread across the entire continental United States. WNV causes a variety of clinical symptoms, but the most severe consequences result from central nervous system infection, resulting in meningitis, encephalitis, or meningoencephalitis. We present a case of a 62-year-old male with metastatic cancer, who died as a result of WNV encephalitis. This is followed by a discussion on the epidemiology of WNV and a detailed summary of the methods and resources available to make a diagnosis of WNV infection postmortem. The material presented in the discussion should provide the forensic pathologist with all the information necessary to make a diagnosis of WNV infection postmortem. If nothing else, the routine collection and storage of serum, cerebrospinal fluid, and tissue for every case can enable the forensic pathologist to make this diagnosis even in cases in which WNV is not suspected until after autopsy.     

Challenging the ‘urban myth’ of psychopathy untreatability: the High-Risk Personality Programme

Psychopathy has long been framed as a special challenge in criminal justice contexts, in part due to the supposedly untreatable nature of psychopathic offenders. Indeed, previous failed attempts to ‘treat’ this particular group have resulted in a widespread pessimism about treatment efficacy amongst correctional professionals. This pessimism has focused on the inherent unchangeable nature of psychopathic traits, especially those associated with Psychopathy Checklist-Revised (PCL-R) Factor 1 items and the challenge of developing an effective therapeutic alliance with hostile, manipulative offenders. It is argued that this negative stance is neither unanimous nor justified because of poor consistency of population definition and methodological problems with structural and functional attributes of traditional treatment approaches. This article describes an experimental intervention – the High-Risk Personality Programme (HRPP) – a New Zealand prison-based group intensive treatment programme designed to reduce violence with a psychopathic group, and create opportunities to devise rehabilitative solutions with a challenging group.