From the waist up: developing psychomotor skills for the court room

A vital aspect of successful advocacy is effective engagement by the advocate with the Bench (and jury). However, rarely are these skills naturally occurring or at least the natural (untailored) psychomotor repertoire is not necessarily well adapted to advocacy. More often these skills are developed or refined to the specific requirements of advocacy by mooting practice. Assisting future advocates to develop effective psychomotor skills therefore is a core component of any mooting programme. This article explains the relevance of the psychomotor domain to advocacy and identifies the matters that must be addressed with mooters in order for them appropriately to develop these skills. In so doing, it positions the mooting psychomotor domain in context with the cognitive and affective domains.     

Permissible plagiarism? Navigating normative expectations in the pre- and post-admission landscape

Plagiarism in the context of the law is a highly nuanced and complex concept, involving consideration of academic integrity and disciplinary rules and assessments of intent, which colour the responses of both universities and courts when confronted by the misuse of others’ words and ideas without appropriate referencing. Within academia, plagiarism is treated as ‘a capital offence’. In the context of admission as a lawyer, professional admissions boards in Australia use findings of major plagiarism at university as a reason for denying or delaying admission to practice on two grounds: firstly, if it amounts to cheating per se, as being indicative of a character flaw inconsistent with the character requirements of officers of the court; and secondly on the related basis that it is (or is assumed to be) a reliable predictor of future professional misconduct. Given this, Australian universities must educate students about academic integrity and referencing (particularly in the digital age, where sources and opportunities for misconduct are escalating), provide law students with training and practice in appropriate use of others’ material, and provide relevant information to students about the implications of findings of misconduct being made against them. This is important because, while there is a widespread perception that plagiarism ceases to be a consideration after admission as a lawyer, this is not supported by the decided cases.     

The Unintended consequences of sentencing reforms: Using social chain theory to examine racial disparities in Female imprisonment

The current study uses social chain theory to examine the potential unintended effects of sentencing reforms on racial disparities in female imprisonment. Our analysis measures changes in the relative odds of Black to White female imprisonment using the Relative Rate Index (RRI) through panel regression modeling on 40 states from 1983 to 2008. Our final models indicate that four types of sentencing reforms had unintended perverse effects on racial disparities in prison admissions while Truth in Sentencing laws increased racial disparities in time-served. Eighteen combinations of sentencing reforms also significantly impacted disparities. Theoretical and policy implications are also discussed.     

Impact of public seed-funding on academic spin-offs

In the entrepreneurial economy of today, it is not the multinational firms which are the predominant driver in the creation of new knowledge, but the individual entrepreneur. Correspondingly, new ventures of small size are leading in commercializing new knowledge and transferring it to the market. This economic shift has been reflected by broad entrepreneurship policies, which aim at supporting the individual on the challenge of a high-growth start-up. However, prior experience shows that uniform entrepreneurship policies do not address the individual needs in different countries and ecosystems adequately. In this paper, we study the performance of academic spin-offs that received public funding from the German EXIST Business Start-Up Grant, a support program which aims at increasing the number of innovative start-ups from academia. Using a control group matching approach, we provide evidence that these start-ups are smaller by two full time equivalent employees, generate 1.7 times higher losses and have a nearly three times lower return on capital than science-based entrepreneurial firms with comparable characteristics in the first 5 years after foundation. We interpret these results to be primarily caused by the inferior financial contracting structure of the program compared to private venture capital funding and by the resulting adverse selection and incentive effects on the entrepreneurs. The evidence calls for rethinking public interventions in a national system of entrepreneurship.     

Reconciling Independence and accountability at the European Central Bank: The false promise of Proceduralism

This article revisits the balancing act between independence and accountability at the European Central Bank (ECB). It contrasts procedural and substantive concepts of accountability, and challenges the mainstream idea that independence and accountability can be reconciled through narrow mandates, the indiscriminate increase of transparency, the creation of multiple channels of accountability, and the active use of judicial review. These assumptions form the pillars of a procedural type of accountability that promises to resolve the independence/accountability dilemma but fails to do so in practice. The article brings evidence to show how ECB accountability has become a complex administrative exercise that focuses on the procedural steps leading up to monetary and supervisory decisions while simultaneously limiting substantive accountability. The failure to acknowledge the trade‐off between independence and accountability (said to be ‘two sides of the same coin’) has resulted in a tendency to privilege the former over the latter.     

The study of legislative committees*

ABSTRACT

Proving that legislative committees really matter is not simple. The assembled papers aim to demonstrate fruitful paths to analysing when committees influence policy, what they can and should do, and how to detect their importance to the political process.     

Australian Cinema Studies: How the Subject Is Taught in Australian Universities

Since the mid-1970s, the subject Australian Cinema, and its various synonyms and neologisms, has been studied in humanities, social sciences and the arts in Australian higher education, and research in the field has played an important role in informing the critical approaches underpinning curriculum. Yet to date there is limited insight into the types of subjects offered, approaches to curriculum and syllabus, and their alignment with research. This article maps Australian cinema studies in higher education at an undergraduate level, and provides insight into common curriculum and syllabus models. Findings are drawn from an online survey of university course handbooks, content and thematic analysis of study guides and weekly syllabus, and correspondence with coordinators. Twenty-seven universities offered subjects with a dominant Australian cinema focus. Australian cinema studies is firmly embedded in national cinema curriculum, and three common curriculum models include the following: (1) a historical chronology of Australian cinema, (2) a text-dominant approach organised around the weekly study of a key film and (3) an approach predominately structured around Australian cinema discourses and critical theory. Despite the increasing importance of transnational approaches to Australian screen in research, transnationalism rarely functions as a dominant organising logic for curriculum in its own right.