The shaping of collective values through deliberative democracy: An empirical study from New York's North Country

Participatory planning and policy analysis has gained increasing attention in recent years because of its potential to improve the knowledge base for policy design (substantive benefits), increase the likelihood of stakeholder compliance and support (instrumental benefits), and strengthen the democratic legitimacy of public policies (normative benefits). Deliberation among stakeholders is considered essential for participatory policy analysis, representing a democratic process for clarifying the particular as well as the collective goals and values as well as the potential impacts of alternative policies. This study examines the effects of democratic deliberation on participants' viewpoints of the policy domain (the local food system), based on two-and-a-half day participatory planning events in each of six rural counties in northern New York. Participant viewpoints were assessed several weeks before and after these events, using Q methodology. The results reveal three major viewpoints, representing concerns for social justice, the viability of conventional agriculture, and the potential environmental and social externalities associated with conventional agriculture. The substance of these viewpoints remain unchanged before and after the deliberative events, but the salience of the conventional agriculture viewpoint increased and the salience of the social justice and alternative agriculture viewpoints decreased significantly, even among those participants who most clearly defined the latter two viewpoints. These findings, together with an analysis of the action agendas emerging from these planning events, suggest that local deliberative processes may produce outcomes that are neither fair nor efficient and that reflect the values and interests of certain stakeholders more than others, even in the absence of overt conflict. Moreover, it appears that such processes may cause some participants to alter their viewpoints in ways that appear contrary to their values and interests as expressed prior to the deliberative event. The implications for participatory policy analysis are explored.     

The pious or the doctrinaire? who supports suicide terrorism in Indonesia?

ABSTRACT

Indonesia is generally viewed as a moderate Muslim nation that episodically struggles with terrorism. Between 1981 and the end of 2016, Indonesia experienced 156 attacks from some 15 Islamist militant groups. However, the lineaments of popular support for Islamist militancy in Indonesia remain understudied. In this paper, we expand upon the existing literature on popular support for Islamist violence in Indonesia by replicating and extending the empirical framework for modeling the relationship between support for various conceptualizations of Shari’a and support for Islamist violence offered by Fair, Littman and Nugent (2018) for Pakistan and extended to Bangladesh by Fair, Hamza and Heller (2017). To do so, we conduct ordered logistical regression analysis of Pew survey data which includes information about respondents’ religious beliefs and practice as well as support for Islamist violence. We find considerable evidence that their framework is useful for understanding support for violence in Indonesia.     

The UK Technology Transfer System: Calls for Stronger Links Between Higher Education and Industry

Links between higher education and industry are of vital economic importance. These links provide the environment for innovation and technology transfer and are crucial for sustaining competitiveness, reinventing organisations, creating new businesses, fighting unemployment, and accelerating development programmes. Recently, Britain realised its deficiencies in the areas of education and technology, and major efforts are being made to enhance its international competitiveness. The most recent proposal is for the establishment of a University for Industry. This article discusses the background in which the development of links between higher education and industry and the University for Industry will be made.     

To What Extent Do Third Parties Influence Business Compliance?

Regulatory scholars have increasingly observed that it is not only public regulatory agencies and official enforcement action that motivate and enforce businesses' compliance with the law; in many situations, certain third parties may have greater capacity and power to motivate and enforce compliance with the law than do official regulatory agencies. This paper examines the extent to which businesses' worries about, and perceptions of pressure from, various third parties influence their internal compliance management activities and moral commitment in relation to complying with the objectives of competition and consumer protection law. Using data from a survey of 999 large Australian businesses, we find that businesses worry a lot about the reactions of a range of third parties including customers, shareholders, employees, and business partners to non-compliance. We find little evidence that these worries have much impact on what businesses actually do. However, perceptions of risk of complaints do influence what they do.     

Literatur

Ohne Zusammenfassung     

Revisiting the legal standards that govern requests to sterilize profoundly incompetent children: in light of the "Ashley Treatment," is a new standard appropriate?

This Note discusses the recent controversy surrounding a six-year-old girl named Ashley, whose parents chose to purposefully stunt her growth and remove her reproductive organs for nonmedical reasons. A federal investigation determined that Ashley's rights had been violated because doctors performed the procedure, now referred to as the "Ashley Treatment," without first obtaining a court order. However, the investigation did not make any conclusions regarding whether the "Ashley Treatment" could present a legally permissible treatment option in the future. After discussing the constitutional rights that the "Ashley Treatment" implicates and the current legal standards in place, this Note examines how courts have applied these legal standards to cases involving extreme requests. Drawing upon legal commentators, this Note concludes that a court could approve a request for the "Ashley Treatment" in appropriate and limited cases where the parents have presented clear and convincing evidence before a court that the benefits that the "Ashley Treatment" would provide to the child and her family outweigh the risks associated with the procedure. This Note argues that those benefits may include extrinsic considerations, but courts should remain cautious when considering such evidence and be sure that the evidence as a whole supports their conclusions.     

Biological and DNA evidence in 1000 sexual assault cases

Using a Filemaker-based database (DNA Pro-FILES, Synchrone Infosystème Inc.), we have conducted a large-scale study on 1000 sexual assault (SA) cases where a standardized kit was submitted to our laboratory alone or with other types of exhibits. We looked at the likelihood of obtaining good quality DNA evidence, allegedly from the assailant, according to a number of parameters.The overall proportion of SA cases with DNA evidence is nearly 50%. A little more than 30% of SA kits provided DNA evidence while for 16% of cases DNA evidence could be obtained only from other exhibits.The likelihood of obtaining DNA evidence is approximately 50% in teenager and adult SA cases, but much lower for children 10 years old or younger (15%). In children cases, profiles were found mostly on clothing or skin swabs.The likelihood of obtaining DNA evidence from vaginal swabs remains good for up to 3 days after the assault (from 35% on the first day to 23% on the third day). A DNA profile was obtained from approximately 22% of anal/rectal swabs and 41% of skin swabs taken less than 1 day after the assault. Less than 10% of oral washes provided DNA evidence, all having been collected within 24 h of the assault.We found that in bodily samples, a negative result for acid phosphate (AP) is a poor predictor of the likelihood of obtaining good quality DNA evidence. Approximately 15% of vaginal swabs and 8% of anal swabs negative for AP nevertheless provided good quality DNA evidence.     

Regulating Law Firm Ethics Management: An Empirical Assessment of an Innovation in Regulation of the Legal Profession in New South Wales

The Australian state of New South Wales (NSW) was the first jurisdiction to fully deregulate law firm structure and allow alternative business structures in the legal profession. At the same time it also introduced an innovation in regulation of the legal profession, requiring that incorporated legal practices implement ‘appropriate management systems’ for ensuring the provision of legal services in compliance with professional ethical obligations. This paper presents a preliminary empirical evaluation of the impact of this attempt at ‘management‐based regulation’. We find that the NSW requirement that firms self‐assess their ethics management leads to a large and statistically significant drop in complaints. The (self‐assessed) level of implementation of ethics management infrastructure, however, does not make any difference. The relevance of these findings to debates about deprofessionalization, managerialism, and commercialism in the legal profession is discussed, and the NSW approach is distinguished from the more heavy‐handed English legal aid approach to regulating law firm quality management.