“Legality with a Vengeance”: Reclaiming Distribution for Sociolegal Studies

The law and society community has argued for decades for an expansive understanding of what counts as “law.” But a content analysis of articles published in the Law & Society Review from its 1966 founding to the present finds that since the 1970s, the law and society community has focused its attention on laws in which the state regulates behavior, and largely ignored laws in which the state distributes resources, goods, and services. Why did socio‐legal scholars avoid studying how laws determine access to such things as health, wealth, housing, education, and food? We find that socio‐legal scholarship has always used “law on the books” as a starting point for analyses (often to identify departures in “law in action”) without ever offering a programmatic vision for how law might ameliorate economic inequality. As a result, when social welfare laws on the books began disappearing, socio‐legal scholarship drifted away from studying law's role in creating, sustaining, and reinforcing economic inequality. We argue that socio‐legal scholarship offers a wide range of analytical tools that could make important contributions to our understanding of social welfare provision.     

Increasing irrationality? The equilibrium relationship between electoral and legislative party system size, 1950–2005

Institutional theories of party system size tell us that voters and parties should anticipate the mechanical effects of electoral systems and adjust their behaviour accordingly. If these expectations hold true, then the size of the party system at the electoral and legislative levels should maintain a long-run equilibrium relationship, as the number of parties receiving votes is adjusted in response to the number of parties in the legislature. I estimate a series of error-correction models to examine this expectation in 16 Western democracies from 1950 to 2005. Party system size at the electoral level does exhibit a general, equilibrium relationship with party system size in the legislature. However, this relationship has recently disappeared in single-member-district systems. This growing disparity between party system size at the electoral and legislative levels signals important changes in the nature of electoral representation.     

Understanding the ABC of University Governance

University governance is complex and contested. In view of the seemingly unceasing rise of commercial values within public universities, this contribution argues the case for a holistic, mission‐related integrated governance approach for the Australian public university sector. The ‘ABC of University Governance’, as proposed for broad‐scope governance within the sector, involves an integrated emphasis on the three key components of governance: academic governance, business governance and corporate governance. Respectively, these components of public university governance are concerned with scholarship, performance and conformance. Placing academic governance first in the ABC of university governance reminds us all of the vital role and importance of scholarship, which should never be downplayed or underestimated in public universities.     

The ‘philanthropic’ gene: biocapital and the new green revolution in Africa

Climate change and population growth have prompted calls for African countries to embrace a ‘new Green Revolution’ in order to promote food security. What is ‘new’ about this new Green Revolution? What configurations of capital, the state, agribusiness, and the law define this period of agricultural transition? In this new Green Revolution, I argue, there is a proliferation of new forms of capital – biocapital and philanthrocapital – that integrate biotechnology with philanthropy to create market value. These shifts are engendered by philanthropic giving, in the form of donated genetic material for the development of ‘pro-poor’ biotechnology which normalises seed as commodity, and legislative reform that renders seed patentable material.     

Children Resisting Contact with a Parent Due to Abuse,Alienation, or Other Causes: Can a Proactive Role for Lawyers Contribute to Better Outcomes?

Lawyers have a significant role to play in cases where children are resisting contact with a parent, or the family appears to be going down that path, in the context of parental alienation, family violence or other factors. These cases pose great challenges for lawyers dealing with parents, as their clients are often anxiety‐ridden, angry, scared, and may have difficulty focussing on the long‐term interests of their children or themselves. A lawyer may be one of the first professionals encountered by the parents; lawyers for parents are advocates, but they are also in a position to provide wise counsel, to help triage the situation, provide practical advice, and early, helpful solutions. This article sets out practical suggestions for lawyers acting for parents. What can and should lawyers do to ensure they are part of the solution, not part of the problem? Lawyers need to be able to identify the potential problems and provide practical help to the family – whether they are acting for the “preferred” parent, the “rejected” parent, or the involved children.     

Profiles of Problematic Behaviors Across Adolescence: Covariations with Indicators of Positive Youth Development

Previous analyses of data from the 4-H Study of Positive Youth Development (PYD) have examined concurrent trajectories of positive development and risk/problem behaviors among adolescents, finding complex and not necessarily inverse relationships among them. In this article, we expand on prior research by employing a person-centered approach to modeling risk behaviors, assessing development from approximately 6th grade through 12th grade among 4,391 adolescents (59.9 % female). Latent profiles involving the problematic behaviors of delinquency, depressive symptoms, substance use, sexual activity, disordered eating behaviors, and bullying were then assessed for concurrent relationships with the Five Cs of PYD: Competence, Confidence, Character, Caring, and Connection. We found six latent profiles, based primarily on mental health, aggression, and alcohol use, with significant differences in Confidence levels among many of the profiles, as well as some differences in the four other Cs. We discuss directions for future research and implications for application to youth policies and programs.     

Spying on the rock: an assessment of Abwehr clandestine operations against Gibraltar during the Second World War

This article will offer an assessment on the effectiveness of clandestine operations conducted by the German military intelligence service, the Abwehr, against the British colony of Gibraltar during the Second World War. This assessment is based on declassified British archival records, and this paper will argue that while the Abwehr had complex networks which attempted operations against the British at Gibraltar the Germans actually achieved little meaningful success. This article will reason that the inability to achieve any significant results was due to ineffective leadership and direction from Abwehr officers who also oversaw inadequate agent recruitment and training which impaired Abwehr clandestine operations.