Beyond evidence: Anticipatory regimes in law

This article lays the groundwork for a new approach to understanding how law engages with the future, based on the social science theory and practice of anticipation. Anticipation, as depicted by an extensive interdisciplinary literature, encourages a shift in attention from the future as a matter solely of probability and effect, to the future as a wider array of possibilities operating on the present. Notably absent from this literature is law. This article offers a framework for analyzing how law mobilizes future possibilities to serve present regulatory purposes, focusing in particular on the role of legal horizons, forms and affect.     

Regulatory Domain and Regulatory Dexterity: Critiquing the UK Governance of ‘Fracking’

This article provides a critique of the UK government's regulatory response to ‘fracking’. It shows how government has adopted two distinct schemas of regulation, which may usefully be classified under the headings ‘regulatory domain’ and ‘regulatory dexterity’. These schemas rely on very different interpretive conventions and are in many ways contradictory. Yet, government uses both ‘domain’ and ‘dexterity’ arguments simultaneously in order to advance its policy in favour of fracking. The article explains how two seemingly different regulatory approaches work together towards the same policy goal, and highlights the role of law in facilitating technological development.     

Loss Due to Death and its Association with Mental Disorders in Juvenile Detainees

This study investigated the prevalence of loss due to death and its association with mental disorders in a random sample of 898 newly detained adolescents in Chicago, Illinois. Nearly 90% of youth experienced the loss of an important person; most had also experienced a “high‐risk” loss (e.g., loss due to violence, sudden loss). Minority youth were at particular risk. Youth with any loss or multiple losses were more likely to have mood disorders and ADHD/behavioral disorders, respectively, than youth who had no such losses. Interventions focusing on modifiable protective factors following loss may increase positive outcomes in this vulnerable population.     

Art and copyright: some current issues

Legal context IP lawyers are increasingly having to advise onart-related copyright matters. Current issues include the strongcopyright protection given to images, uncertainty in the protectiongiven to innovative contemporary art works, problems in applyingthe fair dealing exceptions to art works, and the increasingrelevance of other IP rights. Key points Image rights receive strong protection - photographsof public domain art works are protected in the basis of long-standingauthority (although there are arguments against such a view).Whether an artistic work is protected by copyright depends onwhether the work falls into the closed list of categories insection 4 of the Copyright, Designs and Patents Act 1988 (painting,drawing, engraving, sculpture, etc). Much contemporary art doesnot fall neatly within these categories. Categorisation willalso be in issue as far as Artist's Resale Right is concerned.There is lack of understanding amongst internet artists aboutthe copyright restrictions that apply to digital works and concernsare raised more generally about the lawfulness of appropriationart. Practical significance Lawyers advising artists and those exploitingartistic works need to be aware of the potentially broad scopegiven in UK law to protecting works of art (including photographsof public domain works such as Old Master paintings) and tothe conflict between copyright and the practice of appropriationart. Where infringement claims are being considered fair dealingarguments and the possible impact of human rights law in guaranteeingfreedom of expression will need to be carefully considered.There has been little reported litigation on moral rights butthis aspect cannot be ignored. Trade mark rights, design lawand passing off may also need to be considered.     

Human Versus Animal: Contrasting Decomposition Dynamics of Mammalian Analogues in Experimental Taphonomy

Taphonomic studies regularly employ animal analogues for human decomposition due to ethical restrictions relating to the use of human tissue. However, the validity of using animal analogues in soil decomposition studies is still questioned. This study compared the decomposition of skeletal muscle tissues (SMTs) from human (Homo sapiens), pork (Sus scrofa), beef (Bos taurus), and lamb (Ovis aries) interred in soil microcosms. Fixed interval samples were collected from the SMT for microbial activity and mass tissue loss determination; samples were also taken from the underlying soil for pH, electrical conductivity, and nutrient (potassium, phosphate, ammonium, and nitrate) analysis. The overall patterns of nutrient fluxes and chemical changes in nonhuman SMT and the underlying soil followed that of human SMT. Ovine tissue was the most similar to human tissue in many of the measured parameters. Although no single analogue was a precise predictor of human decomposition in soil, all models offered close approximations in decomposition dynamics.     

Political and organizational analysis in the policy curriculum

As the public policy curriculum and teaching faculty were synthesized from a set of existing fields two decades ago, political science was included because the policy school graduates needed some of the knowledge of the structure and processes of government the discipline possessed. But subsequently there has been a profound shift away from this traditional content to a more actor-centered form of analysis in the political and organizational part of the policy curriculum. This paper examines this content and a basic intellectual issue challenging the faculty who are responsible for this part of the policy curriculum. Their efforts will succeed only as they alter the structure of the discipline or develop a clearer algorithm for an actor-centered political analysis.