Revisiting the governance of privacy: Contemporary policy instruments in global perspective

The repertoire of policy instruments within a particular policy sector varies by jurisdiction; some “tools of government” are associated with particular administrative and regulatory traditions and political cultures. It is less clear how the instruments associated with a particular policy sector may change over time, as economic, social, and technological conditions evolve. In the early 2000s, we surveyed and analyzed the global repertoire of policy instruments deployed to protect personal data. In this article, we explore how those instruments have changed as a result of 15 years of social, economic and technological transformations, during which the issue has assumed a far higher global profile, as one of the central policy questions associated with modern networked communications. We review the contemporary range of transnational, regulatory, self‐regulatory, and technical instruments according to the same framework, and conclude that the types of policy instrument have remained relatively stable, even though they are now deployed on a global scale. While the labels remain the same, however, the conceptual foundations for their legitimation and justification are shifting as greater emphases on accountability, risk, ethics, and the social/political value of privacy have gained purchase. Our analysis demonstrates both continuity and change within the governance of privacy, and displays how we would have tackled the same research project today. As a broader case study of regulation, it highlights the importance of going beyond technical and instrumental labels. Change or stability of policy instruments does not take place in isolation from the wider conceptualizations that shape their meaning, purpose, and effect.     

Criminal Recidivism After Forensic Psychiatric Treatment. A Multicenter Study on the Role of Pretreatment,Treatment-Related,and Follow-Up Variables

This study examined associations between criminal recidivism after discharge from forensic treatment and variables related to either the time before the current forensic treatment, or the current forensic treatment, or the follow-up after discharge. Participants were treated in 12 forensic clinics according to section 63 of the German penal code. A patient was classified as a criminal recidivist when the patient or the aftercare reported that the patient was delinquent at follow-up. Patients without criminal recidivism were patients for which both perspectives (patient and aftercare) reported no delinquency at follow-up. Mann–Whitney U-tests and Fisher's exact tests were performed. Data to classify patients were available for N = 249 patients. Fifteen patients (6%) were classified as criminal recidivists. The follow-up was M = 12.58 (SD = 1.84) months, and the criminal acts occurred M = 6.00 (SD = 5.55) months after discharge. Differences between patients with and without criminal recidivism were found in pretreatment (young age at first crime, early onset of mental disorder, previous forensic treatments), treatment-related (disorder due to psychoactive substance use, gradual release abuses, outbreaks, assaults against staff, criminal act during treatment, type of discharge, outcome ratings), as well as follow-up variables (no specified housing situation, not being abstinent from psychoactive substances, inpatient readmission, course of outpatient treatment, course of mental disorder) (all p < 0.05). To conclude, it is important to consider variables related to the time before the current treatment, treatment-related variables, and variables related to the follow-up to identify the patients at risk of criminal recidivism after discharge from forensic treatment.     

Increasing Methamphetamine Detection in Cases of Early Childhood Fatalities

Age and organ maturity can influence drug toxicity in children; however, most clinical data and literature are based on drug concentrations in adults. Therefore, the interpretation of drugs detected in children is often difficult or not possible. Retrospective reviewing of pathology and toxicology information from postmortem cases may assist in future interpretations or identify drug trends. A search of the Forensic Science SA case files was undertaken over 15 years from January 2002 to December 2016 for all children (<13 years). Of the 412 pediatric coronial cases, toxicological information was available on 373. At least one drug was detected in 94 cases with paracetamol, ibuprofen, codeine and hospital-administrated lignocaine and morphine among the most commonly detected agents. Methamphetamine, one of the most commonly abused illicit drugs in Australia, was found in seven cases. In the methamphetamine cases, deaths were associated with shared sleeping in three, pneumonia in one, and stillbirth in one. Methamphetamine was considered potentially contributory to death in two cases. The causes of death in the remaining two cases were undetermined. As six of the seven positive cases occurred in the 2012–2016 (n = 106) timeframe, an increase has occurred over recent years in the number of infants and young children presenting to forensic autopsy in South Australia who have detectable concentrations of methamphetamine. If this is an indication of a more generalized increased childhood exposure in the community there may be significant long-term physical and psychological effects.     

公共政策研究的新进展

近年来,公共政策研究正变得越来越多样化,出现了大量方法和理论,也表现为这些研究分散在各种特定领域的政策中。国家概念是政策理论的中心,但要将国家理论应用于政策研究却不容易“。阶段”方法是政策研究中长期以来占主导地位的研究方法之一,但它只是一种初级方法。新制度主义方法将政策制定过程推向了一种重要的比较分析方式,为解释政策的异同提供了制度解释维度,但它太笼统,考虑范围过于宽泛。而新制度主义者经常选择特定政策领域或部门进行分析,这是一个重要进展,因为政策制定是在特定部门或领域中进行的,仅仅集中关注国家及其行政、立法、司法机构是不够的。政策网络方法体现了研究者对于政策制定中国家与社会组织之间更普遍、更早的兴趣,但它除了描述外并不能帮助我们在理论发展中走得更远。理性方法是一个很有用的方法,当然它不能把理性选择作为对决策的惟一解释。在合作模式中,国家及其各个层次不再被看作合作的惟一机制,它表明市场和网络作为合作的另一种机制或原则正越来越受到重视。而时下十分流行的治理理论并没有形成真正行之有效的手段和方法,它可能仅仅是一个时髦词汇。如果把治理的要点放在使国家、市民社会、市场、网络这些不同工具和机制的互相协作上,治理就会成为一个有创造性的和深刻的分析方法。     

EMPOWERMENT,INNOVATION, AND SERVICE: LAW SCHOOL PROGRAMS PROVIDE ACCESS TO JUSTICE AND INSTILL A COMMITMENT TO SERVE

Law schools around the country seek to fill the legal needs of their communities in ways that are both innovative and mutually beneficial to clients and students. This article describes five pro bono and clinical programs, at the University of Richmond School of Law, The Earle Mack School of Law at Drexel University, Catholic University Columbus School of Law, the Thomas Jefferson School of Law, and Vermont Law School, where law students, under the supervision of law professors or community professionals, provide assistance or legal representation to underserved and often marginalized populations needing help with family law problems, including parents accused of abuse and neglect, youth aging out of foster care, homeless families, survivors of domestic violence, homeless veterans with addiction problems, and female prisoners. To develop their programs, the five law schools from the outset collaborated with partners in the community, and they continue to do so as their programs expand and evolve. In addition to helping and empowering clients, these law schools are providing experiential learning opportunities that are transformative for their students. The authors hope that these programs will be instructive for law schools, other academic institutions, the legal community, and community organizations in developing creative collaborations to ensure better access to justice.     

Dark Networks as Organizational Problems: Elements of a Theory 1

ABSTRACT

In this paper, we try to understand and interpret why and how dark networks manage to survive despite massive control efforts by nation states, thus demonstrating a high degree of resilience. We approach this question from an organizational perspective looking at the (organizational) changes dark networks undergo in adapting to attempts to destroy them. We draw on insights based on the analysis of how Al Qaeda changed after the massive control efforts by some of the world's most powerful nation states since their attacks on the U.S. on September 11, 2001. In order to develop more general propositions, we contrast the Al Qaeda case with the development of the organizational structure behind the cocaine trade from Colombia to the United States after it had become the object of massive control efforts by the U.S. during the 1990s. Through the analysis we inductively develop a theoretical framework for the analysis of dark networks. Central to this framework is the assumption that dark networks, which are resilient, manage to rebalance differentiation and integration mechanisms in their internal structure and adjust to the new requirements in their task environment based on the actors, their linkages and resources available in order to persist and maintain some capacity to act. We further identify drivers and facilitators stemming from larger societal and political problems that create the motivation for new people to join dark networks. The analysis shows that control efforts that are directed towards the organizational extinction of dark networks will be likely to fail as long as the central problems behind their existence are not tackled. We conclude by sketching out an agenda for future organizational research on covert and illegal networks and organizations.     

Black Esophagus: Acute Esophageal Necrosis in Fatal Haloperidol Intoxication

Herein, we present a case of 53‐year‐old psychotic woman with acute esophageal necrosis (black esophagus), who was found lying on the floor in the living room of her flat. Pillboxes of antipsychotic drugs were located in the bin. External examination of the body was unremarkable. On internal examination, we found acute esophageal necrosis. Histologically, there was complete epithelial necrosis with focal involvement of muscularis mucosae, dense infiltrate of leukocytes, and ulcerations without any viable cells. There was no evidence of underlying organic diseases or trauma. Toxicological analysis revealed a fatal blood level of antipsychotics (haloperidol, zotepine, and chlorprothixene). Death of the deceased was attributed to fatal intoxication with three various types of antipsychotics. As far we know, this is the first described association between so‐called black esophagus and fatal blood level of neuroleptics.     

Assessment of public attitudes towards sex offenders in an Australian population

Public attitudes towards sex offenders are believed to play a key role in the development of legislation and public policy designed to manage the risks posed by known sex offenders who live in the community. There have, however, been few previous attempts to validate methods by which public attitudes can be measured. The current study aims to address this issue by establishing the factor structure of the Community Attitudes Towards Sex Offenders (CATSO) scale with an Australian community sample and examine the extent to which demographic variables and support for sex offender management policies influence these attitudes. A sample of 552 participants recruited through online social media sites completed the CATSO as well as a number of items developed by the researchers designed to assess individuals' support for specific sex offender policies. Results of an exploratory factor analysis suggested the presence of four distinct factors which were labelled ‘social tendencies’, ‘treatment and punishment’, ‘crime characteristics’ and ‘sexual behaviour’. Individuals with higher levels of educational attainment rated sex offenders less negatively than those with lower educational attainment, while those who reported being supportive of community notification reported more negative attitudes towards sex offenders.