The new international financial architecture and Caribbean ofcs: Confronting financial stability discourse

This article examines the role and force of international finance in contemporary capitalism and the norms being established by international financial governance structures. More than the matter of exclusion, the article argues that financial stability discourse girding issues related to the nature of capital market liberalisation, terrorist financing, money laundering and tax evasion attempts to suture over, erase and/or render illegitimate ideational resistance—particularly by offshore financial centres (ofcs) of the global South. The ongoing experience of the English-speaking Caribbean ofcs is discussed as local operatives have long been simultaneously framing as well as resisting Anglo-American insistence on a new configuration of market ethics, norms and sociality in the virtual world of ‘shores’ and high finance. This adds to the emerging body of work seeking to discursively unpack financialisation.     

White Paper Prepared for The Secretary of Defense Task Force on DoD Nuclear Weapons Management: Tradeoffs and Paradoxes: Terrorism,Deterrence and Nuclear Weapons

This article was written at the request of the Secretary of Defense Task Force on DoD Nuclear Weapons Management. While this analysis suggests that certain types of terrorists can be deterred from certain types of attacks, it is less optimistic about the use of nuclear weapons in a terrorist deterrent strategy. A broad approach to deterrence may be effective against certain types of terrorist groups and attacks, making it crucially important to disaggregate the terrorist threat when setting policy. The article goes on to address two types of terrorist groups with a “global reach” that pose a serious threat to the United States: non-state actors driven by doctrines permitting catastrophic attacks and state-sponsored groups capable of carrying out catastrophic attacks. The analysis reveals a number of previously unappreciated tradeoffs and paradoxes associated with the deterrence of terrorists.     

The Rule of Law in Today’s Africa∗

This article is based on the recent decision of the Supreme Court of Nigeria in a case involving illness resulting from the consumption of a bottled drink which contained a dead cockroach. The main issues considered were manufacturers' duty of care; the liability of a retailer in negligence; burden of proof; and causation. Evidence showed that the drink manufactured by the second respondent was sold by the first respondent to the appellant in the same condition in which it left the second respondent. The Court held that in the circumstances of the case, only the second respondent was liable to the appellant.     

Using multiple choice questions to examine the content of the qualifying law degree accurately and reliably: the experience of the Qualified Lawyers Transfer Scheme

The Qualified Lawyers Transfer Scheme (QLTS) provides a route for lawyers from other jurisdictions and barristers from England and Wales to qualify as solicitors in England and Wales. One of the three tests in the QLTS, the Multiple Choice Test (MCT), uses multiple choice questions to examine the syllabus of the qualifying law degree together with some pervasive subjects from the Legal Practice Course. This paper examines the MCT in detail. Particular attention is paid to the format and structure of the questions. We describe the detailed editing which each question goes through before it is used, the statistical analysis and review which take place after an exam, and the rationale for these processes. An explanation is given of what reliability and accuracy mean and how they are measured statistically. There is also an explanation of the “Angoff method” by which pass marks are set. Finally, the paper reports on the first four sittings of the MCT and their statistical results including their reliability and accuracy. Use of the multiple choice test, though well established for examining applied knowledge in medicine and in law in other jurisdictions, is a radical departure for the assessment of law in England and Wales. The experience of QLTS has shown that a carefully constructed multiple choice test of a suitable length can assess the qualifying law degree content both reliably and accurately.     

Traffick jam: a policy review of the United States’ Trafficking Victims Protection Act of 2000

The United States enacted the Trafficking Victims Protection Act (TVPA) of 2000 to combat organized networks specializing in the illicit transport of human beings across political and geographical boundaries. This response has engendered conflicting definitions and competing agendas attributable to the definition set forth by the TVPA, which divides the crime into ‘sex’ verses ‘labor’ trafficking. The European Union (EU) adopted a different and detailed definition introduced by the United Nations. This paper explores the disparity in anti-trafficking policies of the United States and the EU. By contrasting these efforts, recommendations to strengthen U.S. policy by adapting certain EU practices to an American context are suggested.     

Rethinking Leadership for the Public Sector

Leadership and management are best thought of as a matter of competencies. Or are they? The paper challenges the current orthodoxy in Australia on this question, and suggests that leadership and management need to be regarded as reflecting opposing values. The paper also distinguishes between charismatic and collective forms of leadership, and proposes the latter as likely to be of greater value in a public sector context. A challenge for public sector organisations is how to strike and maintain a suitable balance between management for ongoing operations and leadership for deep–reaching change. Strategies for developing collective leadership capability are suggested.     

Plan and counterplan: Notes on moving beyond the crisis in planning theory

Conclusions In developing a working class perspective of planning theory, I have suggested that neither bourgeois nor Marxist planning theories can incorporate the dissensus tactics that are at the heart of working-class movements. Neither can they deal with the class nature of planning nor the class composition of planners. As the current social, political and economic crisis was forced on capital by the struggles (plans) of the working class, it follows that working-class counter-plans should deepen the crisis so that benefits will accrue to our side. The development of our successful counter-plans will throw their planning theory deeper into crisis. Ultimately, crisis resolution must be on the terms of the (ex-)working class.