Premature or stillborn? – The recent challenge to the Digital Economy Act

The High Court has recently delivered judgment on the judicial review of the Digital Economy Act 2010 (DEA) and the draft Costs Order¹ on application by BT and Talktalk.² Mr Justice Kenneth Parker rejected the application on all but one ground (one aspect of the cost sharing arrangement). See: The Queen on the Application of British Telecommunications Plc, Talktalk Telecom Group Plc v The Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin), Judgment of 20. April 2011.     

On The Nature Of Audit Judgements: The Case Of Value For Money Studies

The National Audit Office (NAO) undertakes Value For Money (VFM) studies, which are used as the basis of evidence in hearings of the House of Commons Committee of Public Accounts. VFM studies are therefore integral to the process of accountability of public bodies to Parliament for their use of resources. This paper examines the production of VFM studies by the NAO, and in particular the ways in which audit teams arrive at their judgements. It introduces a theoretical frame-work which highlights: (i) the interplay of intuitive and analytical thinking as VFM teams assemble and interpret data and, (ii) the ways in which teams use three distinct types of judgement criterion in studies, based on the use of multiple empirical indicators about some event, the logical coherence of the auditee's behaviour, and consensus about 'what actually happened'.     

Prisoner Dilemmas: The American Obsession with POWs and Hostages

For centuries, the issue of American hostages and POWs has had incredible emotional and political resonance. Driven by a combination of idealism, wrath, and concerns over reputation, the status of captive Americans can become a national obsession. While deeply moral in many respects, this intense focus can encourage risky rescue operations, deepen conflicts, and lead to more Americans being captured abroad. Jimmy Carter and Ronald Reagan both suffered grave political damage from hostage crises, and the recent capture of an American by Somali pirates highlights the continued danger that a hostage crisis could overshadow the presidency of Barack Obama. U.S. officials should publicly downplay the issue of hostages and POWs, and work quietly behind the scenes to free the men and women concerned.     

U.S. Military Fatalities in Iraq: A Perspective on Year 5

President Bush's surge strategy intends to use the might of the U.S. military to establish secure conditions in Iraq under which the promise of political progress will be realized. The U.S. military used this approach in the past when the U.S. Fallujah Offensive of late 2004 established security for the Iraqi Election Cycle in 2005. But the promise of political progress for insurgents was not fulfilled in 2006 upon formation of the Maliki government, and they resorted to extreme levels of violence in response, killing 1,080 U.S. troops during the 12 months ending September 2007, more than in any other comparable period. In the second half of Year 5, from September 2007 through the fifth anniversary of the war on March 19, 2008, U.S. forces in cooperation with Sunni insurgents and Shiite militias helped improve security conditions once again. But unless the surge's promise of political progress is fulfilled, the patience of the insurgents and militias is likely to dissipate and violence will increase once again in Year 6.     

Rethinking the Battle of Ideas: How the United States Can Help Muslim Moderates

There is little disagreement in Washington that the United States is losing the so-called Battle of Ideas, and there is a surprising consensus on what needs to be done: “reach out” to Muslim moderates. Bolstering moderate voices in the Muslim world is indeed crucial to the fate of the War on Terror, but “reaching out” to them is no solution. In fact, it is the last thing Muslim moderates need, since it deepens their legitimacy problems. The West's criticism may do more to help Muslim moderates become a political force to be reckoned with than its love ever could. This “cruel to be kind” rhetorical strategy can, and should, be combined with open material support for Arab and Muslim civil society, but crucially without regard to political orientation. Such a policy has its drawbacks and it will be a difficult sell, but it is the only way to make progress in the Battle of Ideas.