Educating towards ethical lawyers: a progress report

In 2010 in a conference paper on legal education and ethics, we addressed the proposition that exempting degrees offer a unique opportunity to inculcate students with the importance of ethical considerations throughout their legal education, incorporating such considerations in an integrated academic and vocational context. The paper included a detailed analysis of the practicalities of incorporating professional legal ethics into the undergraduate exempting law degree at Northumbria University. Since 2010, there has been relatively little written from a UK perspective on incorporating teaching of legal ethics at the undergraduate stage. Here we review our progress made towards achieving that goal. The article reveals that the results have been limited; we explore the reasons for this, and consider what alternative course(s) might have been followed. As such, our experiences may offer guidance for those intending to engage with the Legal Education and Training Review (LETR) recommendations to incorporate some consideration of ethics into legal education.     

What price fairness when security is at stake? Police legitimacy in South Africa

The legitimacy of legal authorities – particularly the police – is central to the state's ability to function in a normatively justifiable and effective manner. Studies, mostly conducted in the US and UK, regularly find that procedural justice is the most important antecedent of police legitimacy, with judgments about other aspects of police behavior – notably, about effectiveness – appearing less relevant. But this idea has received only sporadic testing in less cohesive societies where social order is more tenuous, resources to sustain it scarcer, and the position of the police is less secure. This paper considers whether the link between process fairness and legitimacy holds in the challenging context of present day South Africa. In a high crime and socially divided society, do people still emphasize procedural fairness or are they more interested in instrumental effectiveness? How is the legitimacy of the police influenced by the wider problems faced by the South African state? We find procedural fairness judgments play a key role, but also that South Africans place greater emphasis on police effectiveness (and concerns about crime). Police legitimacy is, furthermore, associated with citizens' judgments about the wider success and trustworthiness of the state.     

Introduction: the measures of waves

Abstract

The aftershocks of the spring of 2011 in Japan led the nation into a paralysis of futureshock. But as the aftershocks continued and news of more radiation seeped out of the cracks in the tightly sealed industrial-political power generator, it became clear that the idea that the earthquake has brought a new reality to Japan must itself be resisted. Indeed what is now evident is that little has changed, despite renewed urgency to respond.

Although the waves of disaster in Japan unfolding from 11 March caught everyone off guard, in some significant ways Japan was already prepared. Such preparedness can be read into Japan's long history of dealing with disasters, twenty years of economic stagnation and the growing prevalence of mysticism and eschatology in pop culture in the wake of the Kobe earthquake and Aum Shinrikyō attacks on the Tokyo subway. So, rather than a rupture, an anomalous event, the series of catastrophes of the spring 2011 that appeared as if out of the blue could be narrativized in real time through social media and connected to historical and social contingencies and continuities.

Rather than mourning the passing of some Japan that may never have existed or may already have passed away some time in the early 1990s, 11 March should be the occasion for reflection on the past, action in the present and taking stock for the future. Fighting the tendency to be stunned into complacency, this special issue reflects on the past and future amid the aftershocks radiating from Fukushima and post-earthquake Japan.     

Welsh Devolution and the Union: Reform Debates after Brexit

The survey addresses three key reform debates relating to devolution in Wales. These concern first, the case for the further devolution of powers, notably those over criminal justice and policing; second, the defence of Wales’ devolved powers in the context of Brexit; and third, the rooting of devolution in new constitutional ideals, primarily the Welsh government’s preferred model of the UK as a voluntary association of nations, or the alternative pressed by the independence movement. In each case, there are strong pressures within Wales for resolutions which sustain and develop devolution; and in the case of independence, have the potential, with reform debates elsewhere, to transform the UK Union. However, there are also grounds for reflecting on the contested nature of further change, the long road that a case for independence may yet have to travel, and the interests of UK government.     

Development Context and the Political Behavior of Remittance Recipients in Latin America and the Caribbean

Political Behavior - Remittances have become a chief source of family income in developing countries. As such, these revenue streams have the potential to impact recipients’ political...     

Women, anger, and aggression: an interpretative phenomenological analysis

This study reports a qualitative phenomenological investigation of anger and anger-related aggression in the context of the lives of individual women. Semistructured interviews with five women are analyzed using interpretative phenomenological analysis. This inductive approach aims to capture the richness and complexity of the lived experience of emotional life. In particular, it draws attention to the context-dependent and relational dimension of angry feelings and aggressive behavior. Three analytic themes are presented here: the subjective experience of anger, which includes the perceptual confusion and bodily change felt by the women when angry, crying, and the presence of multiple emotions; the forms and contexts of aggression, paying particular attention to the range of aggressive strategies used; and anger as moral judgment, in particular perceptions of injustice and unfairness. The authors conclude by examining the analytic observations in light of phenomenological thinking.     

A home run for fantasy baseball leagues

The US Circuit Court of Appeals for the Eighth Circuit upheldthe ruling of the District Court that CBC's use of baseballplayers' names and statistics in its fantasy baseball leaguedid not violate the players' rights of publicity because itwas protected speech under the First Amendment of the US Constitution,and that an earlier contractual provision between the partiescould not be enforced against CBC to preclude its use of theplayers' names and statistics.     

Is experimentalist governance self-limiting or self-reinforcing? Strategic uncertainty and recursive rulemaking in European Union electricity regulation

Is experimentalist governance (XG) self-limiting or self-reinforcing by virtue of its relationship to strategic uncertainty as an essential scope condition? This article tackles this important but understudied question by elaborating a series of idealtypical pathways for the temporal evolution of XG in specific policy domains, ranging from reversion to hierarchical governance through endogenous reduction of strategic uncertainty at one extreme to institutionalization of experimentalism as a multipurpose governance architecture at the other. It then goes on to test the empirical validity of these contrasting theoretical expectations about the long-term relationship between XG and strategic uncertainty through a process-tracing analysis of electricity regulation in the European Union over a series of policy cycles since the 1990s. Building on and extending previous research in this domain, this article's findings strengthen empirical confidence in the theoretical expectation that XG is self-reinforcing, while diminishing confidence in the claim that it is self-limiting.