‘Fat cat’ lawyers and ‘illegal’ migrants: the impact of intersecting hostilities and toxic narratives on access to justice

ABSTRACT

This article examines how three spheres of hostility intersect to prevent effective access to justice for those living with insecure immigration status. The neoliberal governance model, the barren justice landscape and the hostile environment are supported by the cynical construction of the ‘fat cat’ lawyer and the toxic ‘folk devil’ narrative of the ‘bogus’ asylum seeker. To the extent that the judiciary have frustrated the more obvious, ideologically driven, attempts to restrict access to justice for migrants, the austerity predicated measures pursuant to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) have completely altered the legal landscape. The analysis is informed by the findings of the ‘Legal advice and support for persons with insecure status’ project (hereafter LAPIS) in Nottingham which explores the challenges faced by service providers and the lived experiences of those with insecurity of status. It is clear that access to justice is a passport to the realisation of other rights, yet participants struggled to access a remedy because legal advice is too often out of reach.     

Human Capital and Administrative Burden: The Role of Cognitive Resources in Citizen-State Interactions

One means by which the state reinforces inequality is by imposing administrative burdens that loom larger for citizens with lower levels of human capital. Integrating insights from various disciplines, this article focuses on one aspect of human capital: cognitive resources. The authors outline a model that explains how burdens and cognitive resources, especially executive functioning, interrelate. The article then presents illustrative examples, highlighting three common life factors—scarcity, health problems, and age-related cognitive decline. These factors create a human capital catch-22, increasing people's likelihood of needing state assistance while simultaneously undermining the cognitive resources required to negotiate the burdens they encounter while seeking such assistance. The result is to reduce access to state benefits and increase inequality. The article concludes by calling for scholars of behavioral public administration and public administration more generally to incorporate more attention to human capital into their research.     

Estimating Individual Contributions to Complex DNA SNP Mixtures.,

High‐throughput sequencing (HTS) of large panels of single nucleotide polymorphisms (SNPs) provides an alternative or complimentary approach to short tandem repeats (STRs) panels for the analysis of complex DNA mixture forensic samples. For STRs, methods to estimate individual contribution concentrations compare capillary electrophoresis peak heights, peak areas, or HTS allele read counts within a mixture. This article introduces three approaches (mean, median, and slope methods) for estimating individual DNA contributions to forensic mixtures for HTS/massively parallel sequencing (MPS) SNP panels. For SNPs, the major:minor allele ratios or counts, unique to each contributor, were compared to estimate contributor proportion within the mixture using the mean, median, and slope intercept for these alleles. The estimates for these three methods were typically within 5% of planned experimental contributions for defined mixtures.     

Gender-specific differences – first results from a survey on dental surgery

This study focuses on dental surgery from the perspective of practicing dentists through a nationwide survey among practicing dentists in Germany. Subjects were surveyed with respect to patient care and their training in dental surgery. With respect to surgical activity, this survey confirms male dominance in the field and that female dentists may be inclined grade surgical interventions as ‘complicated and risky’. Male dentists appear to be willing to take the same risks with greater self-confidence, whereas female dentists appear to overrate their personal uncertainty by underestimating their real technical capabilities. Though dental treatment in general is increasingly dominated by women, surgery is still dominated by male dentists. This can be viewed through observed gender differences with respect to risk perception and we advocate additional professional training of risk competence as mandatory for the future.     

Critique of Schuker “J.M. Keynes and the Personal Politics of Reparations”

In “J.M. Keynes and the Personal Politics of Reparations,” Parts I and II, published in Diplomacy and Statecraft (2014), the American historian Stephen Schuker claims that Keynes’ scientific arguments against the policy of reparations were distorted by both political passion and his emotional attachment to the German banker, Dr. Carl Melchior. He provides no evidence for this argument, and Keynes’ analytic positions emerges without reference to either.     

Selecting Constitutional Judges Randomly

This article discusses from the perspective of democratic theory an innovative proposal for the selection of constitutional, supreme court, or federal judges that aims at combining the values of expertise and political independence. It consists in combining a certification process – selecting a pool of properly qualified candidates – with a random selection among this pool. We argue that such selection procedure would better respect the separation of powers and the specific legitimacy of courts, and we champion this two‐stage mechanism vis‐à‐vis other, more traditionally employed, selection procedures. We then deal with a diversity of objections to our proposal and conclude by taking stock of both its virtues and limitations.