Harmonizing the international regulation of embryonic stem cell research: possibilities, promises and potential pitfalls

Despite near unanimous global opposition to human reproductive cloning, the United Nations has been unable to reach a consensus as to how cloning practices should be regulated at the international level. As a result, the U.N. objective of establishing binding international regulations governing cloning and stem cell research has yet to be achieved. Given the lack of consensus that exists within the global community on this topic, it seems that any attempt to harmonize the international regulation of cloning and stem cell science will face important obstacles. This paper seeks to illuminate the particular challenges to harmonizing international laws and policies related to stem cell research and human cloning, and to investigate potential methods for overcoming these challenges. By drawing on two other areas in which regulatory harmonization has been attempted, namely: environmental and human safety aspects of international trade, and pharmaceutical research and development, we study approaches to global regulatory harmonization. We conclude that while the challenges to harmonization are diverse and important, so too are the benefits of establishing uniformity in approaches to stem cell research worldwide. This paper proposes a model for harmonizing the regulation of stem cell research that focuses on broader norms and principles rather than specific rules. It further recommends that such harmonization should occur through a process initiated and developed by an independent international agency marked by diversity, both in terms of the cultural identities and perspectives represented, and the interdisciplinary expertise of its members.     

Defending hospital mergers after the FTC's unorthodox challenge to the Evanston Northwestern--Highland Park transaction

Examining the Federal Trade Commission's retrospective challenge of a hospital merger in Illinois, the author provides an insightful analysis of one of the agency's major antitrust enforcement initiatives in health care in the last several years. Because the case produced several departures from antitrust orthodoxy, these departures may affect the trials of future hospital mergers that are challenged. The author reviews the methodology and evidence of the case, and he identifies theories and best practices that are important for administrators and legal practitioners to implement in future mergers.     

Salaried lawyers and billable hours: a new perspective from the sociology of work

The work of legal professionals is changing rapidly, but the changes have not yet been thoroughly investigated from the perspective of the sociology of work. This paper draws on a research project that examined the work of solicitors in private practice in Melbourne, Australia. It uses in-depth interviews, results of secondary surveys and other data sources in order to describe the dominant working-time patterns. The evidence points to a common pattern of rigid and demanding schedules, which can be traced back to the indirect pressures exerted by the widespread system of ‘billable hours’. The paper takes up the challenge to examine the operation of this system. We argue that the billable hours system, initially just a technique for billing clients, has been transformed into a tool for measuring and controlling the work of salaried solicitors, through setting of targets, close time recording, careful monitoring, and a supple set of sanctions.     

Good Faith and the Ubiquity of the ‘Relational’ Contract

The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. That law does not have a general principle of good faith, but its doctrine of good faith, articulated through numerous specific duties, is more suitable for the interpretation of contracts according to the intentions of the parties than a general principle which invites the imposition of exogenous standards. That Yam Seng involved a relational contract does not mean that paternalistic exogenous standards should be imposed. It means that the good faith obligations essential even to a commercial contract of this sort must be implied in order to give efficacy to the fundamentally co‐operative contractual relationship.     

Blessed be Discord, 1910: Ricardo Flores Magón's Manifesto Mode

This article explores how Ricardo Flores Magón used images to transpose the graphic tradition of nineteenth-century Mexican political journalism into prose by deploying montage to craft both allegorical and prismatic images: while certain images are divorced from their original context and take on a new life, others, analogically related to a single idea, appear prismatically in fragments on the page. The affinities Flores Magón's writing shared with modernismo and the historical avant garde – as intensification of the former and precursor of the latter – have been a blind spot for literary history, to which this article attempts to restore the importance of his writing.     

Do Shrinking Cities Allow Redevelopment Without Displacement? An Analysis of Affordability Based on Housing and Transportation Costs for Redeveloping,Declining, and Stable Neighborhoods

Abstract

Plans and policies to combat or mitigate gentrification typically pursue affordable housing production and preservation as the primary mechanism to avoid displacement. However, it is unclear whether affordable housing financing mechanisms function as designed in weak market cities. As such, we question whether the housing-only approach is a complete one and whether increased transportation investments in redeveloping neighborhoods in shrinking cities can be leveraged to improve the lives of the poor. Our results suggest that funding for subsidized housing does not produce units affordable to the poor in declining cities, limiting the efficacy of a housing-only approach. Furthermore, we find that transportation costs make up a larger proportion of household budgets among families living in declining neighborhoods. These results suggest that transportation improvements—particularly those aimed at bicycling and pedestrian accessibility—may be the most efficient approach to mitigating displacement and improving quality of life for low-income households in shrinking cities.     

Juggling Inputs, Outputs, and Outcomes in the Search for Policy Competence: Recent Experience in Australia

During the mid- to late 1980s, the Labor government in Australia under Prime Minister Bob Hawke distinguished itself by achieving a balance in its budgeting and management approaches. This allowed for focusing on inputs, outputs, and outcomes in tandem. The approach differed considerably from that pursued in New Zealand. There, an overemphasis on outputs introduced serious distortions to the relations between ministers and officials, which reformers in Wellington have subsequently taken strides toward correcting.
As often happens with reform movements, the Australian process reached a plateau by the early to mid-1990s. Broadly, officials welcomed a change of government in 1996 with the expectation that the coalition under Prime Minister John Howard would give new impetus to innovative public management. Ironically, this coalition addressed the issues surrounding budgeting and management reform through an unreconstructed 1980s lens, highlighting outputs at the expense of balanced emphasis of inputs and outcomes as well. As suggested by the Labor government's success in the 1980s and the adjustments attempted by New Zealand governments in the 1990s, collective dynamics among and between members of cabinet and officials, respectively, are key to a balanced approach. These dynamics foster a sense of trusteeship whereby participants see that inputs, outputs, and outcomes form part of a seamless web centered on public interest. The analysis of the Coalition's performance so far suggests thhat its efforts at reform have proven retrogressive when evaluated by this standard.