Wielding Occam's Razor: Pruning Strategies for Economic Loss

The English Court of Appeal is currently faced with three analyticallydistinct approaches to the question of when one party owes anothera duty of care in respect of her economic interests, all ofwhich bear the authority of the House of Lords. Unable to choosebetween them, it has recently adopted a fourth approach combiningwhich combines them, in the apparent belief that the combinationwill eradicate any individual deficiencies. Against the backgroundof a recent case, the author argues that this is a holding strategyat best and methodologically deficient. He also challenges thecontinuing lip-service paid by courts to models of liabilitybased upon ‘assumptions of responsibility,’ examiningand criticising the causes of their persistence in the law inthe face of widespread academic criticism. Instead, the authorargues, the House of Lords should now clearly endorse a singlereasoning strategy to economic loss cases based on the three-stageapproach in Caparo Industries v Dickman. Properly understood,this approach offers the best prospect of facilitating consistentand transparent decision-making in the longer term.     

The intersection of race and gender: an examination of sentencing outcomes in North Carolina

This study examines the intersection of offenders’ race and gender in the sentencing process using data on felony cases sentenced in North Carolina. Analyses examine the likelihood that charges were reduced in severity between initial filing and conviction, the likelihood of imprisonment, and the length of sentence imposed, and test whether race affects punishment similarly for men and women. Results indicate that status characteristics predict both reductions in charge severity and the severity of the final sentence, and that racial disparity is conditional on gender. However, the results are not entirely consistent with predictions derived from the extant literature. Gender significantly predicts case outcomes at each stage, but black men were not uniformly disadvantaged, and black women received the least severe treatment in two out of four analyses. Theoretical implications for the intersection of race and gender in sentencing theories are discussed.     

Public Charitable Collections: Are they a Worthwhile Cause?

This article examines one of the most long-established methods of fund-raising for charitable causes in the UK – public charitable collections – and looks at changing patterns in this method of fund-raising in recent years. There have been changes both in the method of collection, which now extends beyond cash donations collected by unpaid volunteers to direct debits and credit card donations collected by paid collectors, and also in the chosen locations for collections, with a preference for supermarkets and other off-street sites. These changes have brought with them difficulties in the regulation of such collections. The article gives a brief overview of current legislative provisions in the UK and the proposed new measures for England and Wales. It examines some of the practical problems involved with the implementation of legislative provisions, and considers some alternative ways of combating potential fraud.     

Supreme Court to Hear Landmark Case on Climate Change Emissions: Judgment Day Comes in Global Warming Litigation

The Supreme Court has historically been reluctant to involve itself in environmental matters, especially those relating to the regulation of releases or emissions of harmful substances. The court has typically been content to allow the legislative branch to fashion appropriate regulations to address environmental issues and for the executive branch to enforce those regulations. The acceptance of certiorari in the Second Circuit's Connecticut v. AEP case was a surprise because it not only involves environmental regulation, but also the common law applicable to public nuisance actions seeking redress for climate change damage allegedly caused by emissions of greenhouse gases (GHGs). The AEP case is shaping up to be a blockbuster in the climate change debate in the United States, and the decision could have broad repercussions in not only future litigation involving climate change, but also GHG legislation and the insurance available to address damage due to weather-related events.     

A study of the use of Ephedra in the manufacture of methamphetamine

The Ephedra plant has been identified as an excellent source of ephedrine and pseudoephedrine, both of which can be chemically reduced to form the widely abused illicit drug methamphetamine. Ephedra contains several additional alkaloids that undergo analogous reductions to form amphetamine and N,N-dimethylamphetamine (also drugs of abuse). The main alkaloids obtained from the Ephedra plant have been reduced using four common methods used by the clandestine operator. The intermediates and byproducts of these reductions have been identified and/or tentatively assigned and the mechanism of formation discussed.     

Child Welfare's Iron Cage: Managing Performance in New Zealand's Child Welfare Agency

The purpose of this article is to explain the performance management practice in use within one of New Zealand's public service agencies—Child, Youth and Family Services. These practices are described with reference to New Zealand's formal model of public sector management and the professional social work model understood by the majority of the agency's staff. The article draws on recent research into performance management practices in nine of New Zealand's public service agencies that included Child, Youth and Family Services. This involved a number of semi-structured interviews with managers and staff from the national, regional, and local levels of each agency together with a review of relevant documentation.

It is argued that performance management practices exist on a continuum representing the “rationality of control” which extends from a regulative control model of rules and fixed targets to one that is more reliant on shared understandings, learning, and flexible targets. It is further suggested that the institutional structures underlying this continuum determines the extent to which performance management practices within individual agencies are loosely coupled with those used for purposes of external accountability.

The article highlights the tension that exists in an organization that encompasses the substantive logic of “a values-based profession” (Ronnau, 2001 Ronnau, J. P. 2001. “Values and ethics for family-centered practice”. In Balancing family-centered services and child well-being: Exploring issues in policy, practice theory, and research, Edited by: Walton, E., Sandau-Beckler, P. and Mannes, M. 34–54. New York: Columbia University Press.  [Google Scholar]) but which is bound by the formal, instrumental rationality implicit in its system of external accountability that, it has been claimed, “reduces a complex reality to something simplistic and one dimensional” (Tilbury, 2004 Tilbury, C. 2004. The influence of performance measurement on child welfare policy and practice. British Journal of Social Work, 34: 225–241. [Crossref], [Web of Science ®] , [Google Scholar]). It, therefore, argues that the formal model of performance measurement and management of the public service should encompass the broader information and rationality used by managers within public service agencies.     

Whānau Ora and the Collaborative Turn

In the context of the ongoing evolution of the field of public management, this article first explores the two interlinked concepts of collaboration and accountability. It suggests that these are understood and applied in a number of different ways. Using research and semistructured interviews with a number of government officials and nongovernment service providers, the article then explains how these approaches are reflected in a current New Zealand initiative of devolved governance—Whānau Ora. The different, and at times conflicting, perspectives of New Zealand’s formal model of public sector management and that of traditional Māori culture are explained.     

Introduction

ABSTRACT

Many externally motivated public sector reforms produce less change than expected. This article argues that we should expect limited reform results in respect of certain organizational attributes. Applying institutional theory on isomorphism, the argument is simply that reforms are harder where they influence organizational characteristics that (i) are difficult to observe externally, (ii) are core to the organization, and (iii) involve actors with whom the externally defined change agenda is unlikely to resonate normatively. These arguments are tested in an analysis of Public Financial Management (PFM) reform in Africa, where evidence is supportive. The article contributes to public management literature, and comparative studies in particular, by applying a well-suited theory to the study of public sector change. The approach and findings should be of particular interest to the development community, shedding light on why reforms routinely underperform—in PFM and beyond, extending to topics like externally driven nation building.