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.     

An American proficiency testing program

In 1975 the Forensic Sciences Foundation Inc. (FSF) under a grant from the Law Enforcement Assistance Administration (LEAA) in the United States carried out a research project on the design and execution of a proficiency testing program for crime laboratories. Following completion of that research, FSF Inc. affiliated with Collaborative Testing Services Inc. (CTS) to maintain an operational program on a cost recoverable basis and with the assistance of a professional advisory committee (PAC) appointed by the American Society of Crime Laboratory Directors (ASCLD).This paper discusses the problems of running a proficiency testing program of this type on a national/international basis for a large number of laboratories and covering a variety of evidence categories. Problems of confidentiality of results, test design and production, results analysis and reporting are emphasized. Some evaluation is made of the general types of results reported in this program.     

Dialogue and the Inquisitorial Tradition: French Defence Lawyers in the Pre-Trial Criminal Process

Recent years have seen an intermittent debate amongst journalists, policy-makers and academics in adversarial jurisdictions about the nature and quality of the inquisitorial tradition in criminal process. Much of the political impact of the debate in Britain has stemmed from the view asserted periodically by certain high profile figures that some form of judicial supervision of police investigation – as practised for example in France – might be introduced in England and Wales.¹ Such views tend to find expression when events call into question not just particular rules but also the underlying structures and assumptions of our adversarial tradition of criminal process. Thus in 1991 the public revelation of serious miscarriages of justice led to the appointment of a Royal Commission on Criminal Justice in which the adversarial character of the pre-trial process seemed to be a key point of interrogation.² The police view, demonstrated in a number of key cases, was that once they were clear that a suspect was guilty they had no responsibility to pursue exculpatory lines of investigation. This, combined with the failure of defence lawyers to play the extensive, autonomous investigative role the adversarial system demanded of them, encouraged some to ask whether there might not be advantages in somehow ensuring that the resources and rights of the state were devoted to pursuing exonerating as well as incriminating evidence. Given the limited empirical evidence then available on the workings of judicial supervision in practice⁴ and the sometimes vehement dispute in France itself about the future of its pre-trial process and especially the juge d'instruction(examining magistrate), the proposals were perhaps not surprisingly rejected.⁵ But since the mid 1990s, British funders have begun to finance a number of empirical studies of French criminal justice.⁶ This paper reports the principal findings of a empirical study primarily funded by Britain's Economic and Social Research Council into the role of defence lawyers in France.⁷ Our focus and primary theme is the developing nature of their dialogue and exchanges with key state actors such as judges, prosecutors and the police on the one hand and with clients on the other. But in so doing we aim to cast light on the broader functioning of the pre-trial process in France.     

Turf battles on medicine avenue

His interests include comparative health systems and Soviet socialized medicine.     

“Fifth business”: The librarian,the criminal justice scholar,and the search for primary sources

Traditional conceptions of the role of the librarian in the research process are generally limited to viewing this resource as a means of assisting in the location of supporting secondary materials. In contrast to this, the view presented here is concerned only with the several ways in which the librarian can play a more active part in the overall process by helping to identify research models and methods and collections of primary materials appropriate to the project at hand. Particular attention is paid to the growing importance of libraries as archival repositories by including in their holdings various of the many collections of archives now available in microform. Computerized bibliographic data bases are considered, but only in the context of their potential as sources of primary data. Finally, some discussion is given of collections of primary materials in machine-readable form, and how these may be surveyed and exploited most effectively through the systematic use of relevant bibliographic sources.     

Socio‐legal Studies in France: Beyond the Law Faculty

This article is the third in an occasional series dealing with the development, current status, and future of socio‐legal studies in selected countries. It follows articles by Kim Economides (Aotearoa/New Zealand) and Harry Arthurs and Annie Bunting (Canada). In this article we argue that in France one can identify work that corresponds to the key strands of socio‐legal research in Anglo‐American societies but that ‘socio‐legal’ as a category of research and scholarship does not have the presence it has in the United Kingdom. French law faculties continue to be strongly shaped by a traditional disciplinary orthodoxy rooted in a highly and distinctively structured form of doctrinal analysis. In the first part, we explain the relatively limited presence of socio‐legal studies in French law faculties in terms of the historical and institutional mechanisms by which disciplinary closure has been created and maintained around traditional orthodoxies. But in the second part we will trace the presence – predominantly outside law faculties – of significant fragments of socio‐legal practice in the scholarship of law and allied disciplines.     

Book reviews

John R. Davis, Britain and the German Zollverein, 1848–66 (London: Macmillan, 1997). x + 238 pp. £45. ISBN 0–333–67828–1.

Martin Thomas, Britain, France and Appeasement: Anglo‐French Relations in the Popular Front Era (Oxford and New York: Berg. 1996). xi + 268 pp. £29.95 hb; £12.95 pb. ISBN 1–85973–192–9.

Peter Lowe, Containing the Cold War in East Asia: British Policies Towards Japan, China and Korea, 1948–53 (Manchester: Manchester University Press, 1997). xii + 288 pp. £40. ISBN 0–7190–2508–7.

David M. Barrett, Uncertain Warriors: Lyndon Johnson and His Vietnam Advisers (Lawrence, Kansas: University of Kansas Press, 1994). xii + 279 pp. £11.95 pb. ISBN 0–7006–0631–9.

Rhodri Jeffreys‐Jones, Changing Differences: Women and the Shaping of American Foreign Policy, 1917–1994 (New Brunswick, NJ: Rutgers University Press, 1997). x + 275 pp. £14.50 pb. ISBN 0–8135–2449–0.

Philip M. Taylor, Global Communications, International Affairs and the Media Since 1945 (London &; New York: Routledge, 1997). xx + 248 pp. £45 hb. ISBN 0–415–11678–3; £15.99 pb. ISBN 0–415–11679–1     

“Our Respective Empires Should Stand Together”: The Royal Dimension in Anglo-Japanese Relations, 1919–1941

In the inter-war period court diplomacy played an important role in Anglo-Japanese relations. Both governments saw the exchange of high-level royal visits and the conferment of decorations, such as the bestowal of the Order of the Garter to Emperor Hirohito in 1929, as a useful means of indicating respect and the desire for continued co-operation. Even as late as 1937 Prince Chichibu’s attendance at King George VI’s coronation was intended to lead to closer ties. This article demonstrates that the neglected field of court diplomacy and diplomatic protocol can provide a useful parallel commentary on more overtly political events.