Practical guidelines on incorporating “partnering” within IT agreements for public sector bodies

“Partnership” and “partnering” are two of the most frequently used terms in public sector procurement. They may be used by both customers and suppliers to justify their respective negotiating positions. A supplier may argue that, since the agreement is a “partnership agreement”, there should be no service credits or liquidated damages payable. The customer on the other hand, may argue, on similar grounds, that it wants to benchmark the supplier and have a broad right to audit every aspect of the supplier’s business.But despite being well used phrases, most guidance relating to these concepts does not define how “partnerships” or “partnering” is to work in practice. While most talk of the supplier and the customer working together “in partnership” with common aims, there is little information available as to how this will be incorporated into agreements, particularly in the context of large scale IT procurements.¹ The purpose of this article is to review the available guidance and detail some of the ways in which this guidance can be incorporated into legal agreements.     

Costly Misconceptions of Law and Legal Services: The Small Business Owner vs. the Chicago Personal Property Tax

Inaccurate perceptions of the law by ordinary citizens, especially when resolution of conflicts caused by such perceptions is usually handled by lawyers, can lead to cynicism and distrust of government, the legal system, and the lawyers who participate in the system. The authors present some results of research into the functioning of a particular part of the system in a particular place to show how all participants keep the situation from being changed.     

Examining the Protective Effect of Ethnic Identity on Drug Attitudes and Use Among a Diverse Youth Population

Ethnic identity is an important buffer against drug use among minority youth. However, limited work has examined pathways through which ethnic identity mitigates risk. School-aged youth (N?=?34,708; 52?% female) of diverse backgrounds (i.e., African American (n?=?5333), Asian (n?=?392), Hispanic (n?=?662), Multiracial (n?=?2129), Native American (n?=?474), and White (n?=?25718) in grades 4–12 provided data on ethnic identity, drug attitudes, and drug use. After controlling for gender and grade, higher ethnic identity was associated with lower past month drug use for African American, Hispanic, and Multiracial youth. Conversely, high ethnic identity was associated with increased risk for White youth. An indirect pathway between ethnic identity, drug attitudes, and drug use was also found for African American, Hispanic, and Asian youth. Among White youth the path model was also significant, but in the opposite direction. These findings confirm the importance of ethnic identity for most minority youth. Further research is needed to better understand the association between ethnic identity and drug use for Multiracial and Hispanic youth, best ways to facilitate healthy ethnic identity development for minority youth, and how to moderate the risk of identity development for White youth.     

gendering markets,gendering food: women,law and markets in the New York City food system, 1800–1840

This paper is a response to scholars who have called for exploring and interrogating new strategies of data collection and new approaches to more traditional methods, such as interviewing in the context of the internet. Drawing on feminist standpoint theory, ‘reflexive email interviewing’ is proposed as a method for feminist research. The method is illustrated using a recent case study of email interviews with self-identified women who are members of World Pulse, an online community that aims to unite and amplify women’s voices worldwide. Through this case study, issues of power and resistance in the researcher/researched relationship and of participant reflexivity are interrogated. Lastly, criteria for reflexive email interviewing are proposed, including 1) strategies to interrogate and disrupt power hierarchies within the research process, 2) researcher reflexivity as a continuous part of the research process, and 3) continued invitations for participants to directly reflect on and respond to the research process. Reflexive questions are offered for researchers to use during research design and in each phase of their research process to ensure reflexivity is achieved.     

Learning our way out of environmental policy problems: a review of the scholarship

In acknowledgement of the complexity of environmental challenges, research on learning in environmental policy has grown substantially over the past two decades across a range of disciplines. Despite this growth, there are few comprehensive assessments of the literature on learning in environmental policy. This article fills this gap by providing insights on the overall coherence and impact of this body of scholarship. To do so, we analyze a sample of 163 articles from 2004 to 2014 using a standardized coding framework. The results provide an in-depth assessment of the status of the literature on learning in the context of environmental policy, as well as the quality of the literature. We demonstrate that despite the diversity in research questions and goals, the literature is lacking with respect to diversity in cases and context, theoretical development, clear conceptualization and operationalization of learning, and advancements in empirical approaches to study learning. From these insights, we discuss the challenges and opportunities for scholars in studying learning and provide recommendations for building the theoretical and methodological rigor of the field.     

Legal clarity and regulatory discretion exploring the law and economics of insider trading in derivatives markets

The first 150 words of the full text of this article appear below. Key points

• Unspecified boundaries in the commodities, derivatives,and securities law have not only increased the discretion ofindividual regulatory authorities, but have also resulted inexpanded and often overlapping assertions of jurisdiction bythe Securities and Exchange Commission, the Commodity FuturesTrading Commission, the Federal Energy Regulatory Commission,and other authorities.
• The Securities and Exchange Commissionhas recently sought to expand its jurisdiction into the derivativesmarkets to seek registration of hedge funds and other usersof derivatives and commodity futures as investment advisors,and to seek to apply its insider trading laws broadly to thevarious assets traded by funds.
• Financial institutions, intermediaries,and end users are increasingly being asked to demonstrate theeconomic or business purpose of their financial transactionsand their trading practices to ensure their legitimacy and avoidregulatory scrutiny.
• Compliance and litigation costs have predictablyrisen in this environment, in part due to the . . . [Full Text of this Article]