Mortgagee Powers Rhetoric

This article addresses the rhetoric of land law's interpretive community at the time of, and following, the House of Lords' decision in Boland . It is argued, contrary to the views of other commentators, that the decision was not strongly motivated by a concern to see social justice done between commercial lenders and wives but, rather, was a sensible and socially realistic application of clear statutory provisions understood within the context of land law orthodoxy. Furthermore, decisions following Boland which have been said to have sapped its strength also cohere comfortably within that community's stable rhetoric. Consequently, it cannot be argued that proportionality in human rights law requires a return to the supposed 'high point' of Boland – when considered carefully, the evidence, both from Boland itself and from land law's wider interpretive community, shows that such a high point did not exist.     

Politics and the Adoption of Legislative Television: An Analysis of the U.S. House Vote on C-SPAN

The present study extends the work of Crain and Goff (1988) by examining the political determinants of the earliest decision to adopt legislative television on a permanent basis at the national level in the United States. Data on legislator and district characteristics are used to explain the 1977 vote to adopt C-SPAN coverage of proceedings in the U.S. House of Representatives. Logit regression results suggest that length of service and extremity of political views/ideologies had clear and significant effects on politicians' votes concerning the adoption of legislative television. As with Crain and Goff (1988), these measures capture some element of legislator self-interest.     

Lobbying by Law Firms: A Study of Lobbying by National Law Firms in Canberra1

This article examines the way in which national law firms lobby the federal government from their Canberra offices. It is based on extensive interviews with lobbyists from those law firms, other commercial lobbyists in Canberra and legal professional bodies. The article begins by establishing the unique nature of law firm lobbying. In particular, it looks at the technical skills law firm lobbyists possess, their access to specialist legal knowledge and their preference for administrative, over political, lobbying. The development of law firm lobbying is then discussed. This centres around changes to the legal profession, federal business laws and federal government decision-making. The article concludes by suggesting that law firm lobbying both reflects and stimulates changes in government decision-making and will grow in importance as the legal profession in Canberra grows.     

Governance in Whitehall

Governance theory raises conceptual and theoretical questions about the coordination of complex social systems and the evolving role of the state within that process. A central aspect of the governance debate focuses on the ability of national governments to address salient social issues. This article examines the British Labour governments' attempts to facilitate cross-departmental inter-organizational collaboration within Whitehall in an attempt to develop innovative responses to seemingly intractable social problems. The government's desire and strategy to increase its capacity to orchestrate 'joined-up' government can be interpreted as both an acceptance and a response to the challenges of modern governance. The article locates the structural, procedural and cultural responses to this challenge within the theoretical and analytical framework of governance theory. It concludes by suggesting that meaningful change in the way public policy is designed and implemented may well demand a more deep seated reappraisal of the structure of Whitehall and the dominant values of the British political elite than is currently anticipated.     

MDPs May Be Dead After Enron/Andersen, But Subsidiary Businesses Thrive

While some commentators believe that the Enron and Arthur Andersen affair that came to light in 2001 is responsible for the demise of multidisciplinary practices (MDPs), the notion of law firms engaging in MDPs lost most of its momentum during the American Bar Association (ABA) debate of 1999 and 2000. Enron and Andersen weakened whatever support remained for MDPs after the ABA defeat, during which MDP opponents raised legitimate concerns. But Enron and Andersen did not derail all models in which law firms successfully provide nonlegal services. In fact, the law-related services ancillary business model (as referred to by the ABA's Commission on Multidisciplinary Practice) is much more relevant post-Enron. Ancillary businesses, or subsidiary businesses as they are referred to at the authors' law firm of Bingham McCutchen LLP, are not MDPs. When structured and managed in compliance with fundamental principles and regulations, subsidiary businesses give progressive law firms the ability to deliver a comprehensive bundle of integrated services in response to client needs .     

The quality of doctoral programs in deviance,criminology, and criminal justice: An empirical assessment

While information regarding the doctoral programs in any discipline is of obvious and considerable relevance both to those in the discipline and to those seeking access to the best possible sites for graduate training, our knowledge about the quality of doctoral programs continues to be based on little more than speculation and highly ambiguous measures of institutional or departmental prestige. This study attempts to fill this gap for those who have special interests in the related fields of deviance, criminology, and criminal justice by ranking the thirty-six most significant doctoral programs in the nation by means of data derived from the Social Science Citation Index. Perhaps the most striking of our findings—and certainly to us the most distressing finding—is that those departments ranked by our measures as being the highest quality are consistently those which exist within the broader structure of departments of sociology. Given our firm conviction that the discipline of criminology is far, far more than that aspect of it which is closely related to issues of substantive significance to the field of sociology, we can only speculate that those in leadership positions in the growing number of independent schools or departments of criminology or criminal justice are not meeting their obligations to the discipline whose vitality and prospects depend so heavily on the quality of their judgment.