Bound to One's Own Words? Early Defenses and Their Binding Effects in Different Criminal Cases

This article explores the binding forces that emerge in criminal cases. Using ethnographic data, we explore how defendants are bound to their initial defenses. In addition, we ask whether the binding effect works similarly or differently in three distinct procedures. Our research is rooted in the analytical concepts of "procedural history" and "discourse formation" as presented by Niklas Luhmann and Michel Foucault. Both theories describe past statements as "virulent" in present stages: participants have to take their own histories into account when engaging in current dealings; current statements must confront past statements, generating inconsistency and contradiction. Empirically, the three authors explore variations of binding in the light of eight microhistorical case narratives collected during fieldwork in the United States, the United Kingdom, and Germany. These microhistories trace the binding effects of early defenses through pretrial and trial. Our observations lead us to conclude that the binding mechanism appears less determinative in practice than in the claims of theory. Alongside the several effects of binding, we identify a variety of protections, interruptions, and even unbinding effects.     

Res judicata in patent actions: is the law too entrenched?

The Court of Appeal rules that a patentee's entitlement to financialcompensation following the final determination by a UK courtthat its patent is both valid and infringed cannot be underminedby the subsequent revocation of that patent in opposition proceedingsin the EPO.     

Authority,Nationality, and Minorities

Prominent normative theories for accommodating minority national groups appeal to the value of national cultures and/or the psychology of group recognition. This article aims to show that an argument from political authority provides a better justification. Building on Joseph Raz's theory of authority, the article argues that members of minority national groups are disadvantaged in relation to their majority counterparts under standard democratic institutions; such institutions do not provide minority national groups with comparable access to the conditions for legitimate political authority. Constitutional arrangements for accommodating minority national groups—such as territorial self‐government or power‐sharing—are justified insofar as they might offset this disadvantage.     

Judges,Conflict, and the Past

Drawing upon interviews with senior judicial figures in Northern Ireland, South Africa and elsewhere, this article considers the role of the judiciary in a political conflict. Using the socio‐legal literature on judicial performance and audience as well as transitional justice scholarship, the article argues that judges in Northern Ireland ‘performed’ to a number of ‘imagined’ audiences including Parliament, ‘the public', and their judicial peers – all of which shaped their view of the judicial role. In light of ongoing efforts to deal with the past in the jurisdiction, and the experiences of other transitional societies, the article argues that the judiciary can and should engage in a mature, reflexive and, where appropriate, self‐critical examination of the good and bad of their own institutional history during the conflict. It also argues that such a review of judicial performance requires an external audience in order to encourage the judiciary to see truth beyond the limits of legalism.     

E‐participation Opportunities and the Ambiguous Role of Corruption: A Model of Municipal Responsiveness to Sociopolitical Factors

Municipalities ostensibly scale the ladder of e‐participation improvement to gain legitimacy. However, research has not yet addressed how e‐participation initiatives are affected by serious legitimacy concerns such as corruption. One municipal response to corruption is to use e‐participation offerings as a remedial effort to gain citizen trust, but window‐dressing strategies might also be used. In this article, the authors attempt to make sense of this ambiguity by hypothesizing that the effects of perceived corruption on e‐participation offerings depend on the type of e‐participation as well as the level of local social capital and local public accountability demand. Analysis of data from 104 municipal websites in South Africa between 2013 and 2017 reveals support for two moderation mechanisms: (1) a positive remedial response to corruption in the presence of strong social capital and (2) a negative avoidance response to corruption in the presence of high demand for accountability.     

Interview mode effects on estimates of need for alcohol and drug treatment among welfare recipients: evidence from a quasi-experiment

Employing a quasi-experimental design, this study compared responses from face-to-face and telephone surveys of welfare recipients to assess the effects of survey modality on prevalence estimates of alcohol and drug abuse and need for treatment. Samples were drawn from adult welfare recipients in Oklahoma in 2001. We generated 1-year and 30-day prevalence estimates of alcohol and drug use, employed several common measures of substance-related behavioral and physical problems to estimate treatment need, and used odds ratios to compare prevalence estimates. Results indicated that telephone surveys provided estimates that were (1) statistically no different from those of face-to-face administration in the categories used to estimate treatment need and (2) significantly higher than those of face-to-face surveys for admission of ever having a substance problem and driving after consuming alcohol or drugs. We conclude that, for welfare recipients, telephone surveys provide similar data quality about treatment need as do more costly face-to-face interviews, a finding that is important and of practical concern to both practitioners and methodologists. More broadly, we argue that further survey methodology research is required for specific populations and subgroups that are often the focus of criminal justice and public health research and response.     

The Cold War “Special Relationship” Revisited

This article focuses on one of the most potent ideas in world politics: the idea of an Anglo-American “special relationship.” It examines the use and abuse of this relationship, as cultural referent, rhetorical construct, and political imperative, during the long Cold War. It inspects the roots of specialness—the core conditions—in terms of belief and experience as well as need and opportunity. It warns of the hubris inherent in the presumption of specialness on the Churchillian model, a frame of reference (and a set of strategic contingencies) time-expired even before the expiration of the Cold War itself.