Six Lines: A Methodological Agenda for Critical Gang Studies

Critical Criminology - In the twenty-first century, the established methodological props for gang research have worn increasingly thin. Place-based definitions involving territorial groups confined...     

Allocating responsibility among controllers,processors, and “everything in between”: the definition of actors and roles in Directive 95/46/EC

In Opinion 1/2010, the Article 29 Data Protection Working Party has provided additional guidance concerning the concepts of ‘controller’ and ‘processor’ contained in Directive 95/46/EC. This guidance aims to assist practitioners in their determination of whether an entity is acting as a controller or as a processor towards a particular data processing operation. Despite the fact that this opinion is informative, the existing framework still appears to leave room for a considerable amount of legal uncertainty. This uncertainty is attributable in part to the nature of the existing concepts, but also (and perhaps to a larger extent) to their apparent misalignment with current processing realities. In this paper, the author seeks to articulate why the existing concepts often remain difficult to apply in practice, in order to enable a constructive reflection on how these issues might be addressed in the future.     

INTEGRATIVE SOCIAL CONTRACTS THEORY: ETHICAL IMPLICATIONS OF MARKETING CREDIT CARDS TO U.S. COLLEGE STUDENTS

It may be said that to take advantage of a man's credulity, to exploit his misapprehensions, to capitalize on his ignorance is morally reprehensible—and this may well be the case I do not know.—Nicholas Samstag in The Engineering of Consent ¹     

An American Perestroika in Dutch Cities? Urban Policy in the Netherlands at the End of a Millennium

This paper discusses the implications of the recent adoption of interactive forms of governance in Dutch urban policy. Advocates of this new approach claim that interactive governance will have positive effects for (1) the quality of urban democracy and urban governability and (2) for the solution of the information problems inherent in coping with (wicked) urban problems. On the basis of an extensive evaluation of the implementation of the new policies in four of the 25 Dutch municipalities involved, these claims are critically assessed.     

To be continued . . . Syntheses and trends in follow-up of quality assurance in West European higher education

The authors report on West European trends in follow-up arrangements of national quality assurance procedures. They argue that external quality assurance ought to adopt a broader conception of quality than is now often the case. Next, the general public ought to have a guarantee that external quality assurance is valid (through meta-evaluation) and has consequences (through follow-up arrangements). Follow-up currently is not well developed in many European countries in a formal sense, but is receiving more attention as external quality assurance is maturing. Finally, the authors link national quality assurance to the European dimension; an international network could fulfil important functions in making quality assurance transparent and credible across Europe. This revised version was published online in August 2006 with corrections to the Cover Date.     

Investment Treaty Arbitration as a Species of Global Administrative Law

The article outlines a simple thesis: that international investmentarbitration – pursuant to regional and bilateral investmenttreaties – offers the clearest example of global administrativelaw, strictly construed, yet to have emerged. We present thisthesis by explicating four key features of investment treaties:they permit investor claims against the state without exhaustinglocal remedies; they allow claims for damages; they allow investorsto directly seek enforcement of awards before domestic courts;and they facilitate forum-shopping. Our argument is that, owingto this unique conjunction of features, the regulatory conductof states is, to an unusual extent, subject to control throughcompulsory international adjudication. Having highlighted thesefeatures, we then claim that investment arbitration is bestanalogized to domestic administrative law rather than to internationalcommercial arbitration, especially since investment arbitrationengages disputes arising from the exercise of public authorityby the state as opposed to private acts of the state. Further,we claim that the linkages between investment arbitration anddomestic legal systems are more direct and more closely integratedthan other forms of international adjudication in the publicsphere. For these reasons, we argue that the emerging regimeof investment arbitration is to be understood as constitutingan important and powerful manifestation of global administrativelaw.     

Book reviews

Ephraim Maisel, The Foreign Office and Foreign Policy 1991-1926 (Brighton: Sussex Academic Press 1994), £35. ISBN 1-898723-04-4.

Timothy P. Maga, The World of Jimmy Carter: U.S. Foreign Policy 1977-1981 (West Haven, CT: University of New Haven Press, 1994). 189 pp. ISBN 0-936385-23-0.

Michael Leifer, Dictionary of the Modern Politics of South-East Asia (London and New York: Routledge, 1995), xii + 271pp. £45. ISBN 0-415-04219-4.

Christopher C. Harmon and David Tucker (eds.), Statecraft and Power: Essays in Honor of Harold W. Rood (Lanham and London: University Press of America with the National Institute for Public Policy, 1994), 284pp ISBN 0-8191-8718-6.     

Birth spacing as a family strategy: evidence from 19th century Leuven, Belgium

This article investigates the hypothesis that 19th-century working class families in Leuven, Belgium, were controlling their fertility by means of birth spacing for household economic reasons. Detailed life-course data were collected in order to construct, on one hand, a set of covariates that represent the influences of natural fertility on birth intervals and, on the other, a number of family variables that represent the hypothetical, household economic motivation to space births. The findings strongly suggest that birth intervals were not merely a function of natural fertility differences and that family strategic spacing behavior also played a role.