Mixed Messages in Bottles: the European Union,Devolution, and the Future of the Constitution

An unprecedented eleven‐member UK Supreme Court decided R (Miller) v Secretary of State for Exiting the European Union on 24 January 2017. The Government's argument, that it could start the process of withdrawing from the EU using a prerogative power instead of an Act of Parliament, was comprehensively defeated by an 8:3 majority. However, the Government also secured a unanimous verdict that it did not need the consent from the devolved legislatures in Scotland, Wales, and Northern Ireland before invoking Article 50 of the TEU. I explore the judicial argumentation in light of Philip Bobbitt's six modalities of constitutional argument, five of which feature, and one of which ought to have featured, in this seminal case.     

Frozen: Thawing and Its Effect on the Postmortem Microbiome in Two Pediatric Cases,

Previous postmortem microbiome studies have focused on characterizing taxa turnover during an undisturbed decomposition process. How coexisting conditions (e.g., frozen, buried, burned) affect the human microbiome at the time of discovery is less well understood. Microbiome data were collected from two pediatric cases at the Wayne County Medical Examiner in Michigan. The bodies were found frozen, hidden in a freezer for an extended time. Microbial communities were sampled from six external anatomic locations at three time points during the thawing process, prior to autopsy. The 16S rRNA V4 gene amplicon region was sequenced using high‐throughput sequencing (Illumina MiSeq). Microbial diversity increased, and there was a distinct shift in microbial community structure and abundance throughout the thawing process. Overall, these data demonstrate that the postmortem human microbiome changes during the thawing process, and have important forensic implications when bodies have been substantially altered, modified, and concealed after death.     

Culture and Formal Social Control: The Effect of the Code of the Street on Police and Court Decision-making

Objectives. Drawing on several interrelated lines of scholarship, we argue that cultural beliefs at individual and neighborhood levels may affect police and court decisions. We hypothesize that individuals who more strongly adhere to the code of the street or reside in areas where the street code culture is more strongly embraced will be more likely to be arrested and convicted, and that neighborhood-level effects will amplify the effect of street code adherence. Methods. To test these hypotheses, data from the Family and Community Health Study are examined using multilevel modeling. Results. Blacks who more strongly adhered to street code beliefs were more likely to be arrested and convicted; this effect was greater among those who resided in areas where the code of the street belief system was more entrenched. Conclusions. The findings highlight the potential usefulness of a focus on culture for understanding the exercise of formal social control.     

The implementation of the Nagoya ABS Protocol for the research sector: experience and challenges

Over the years, researchers in public institutions and universities have accessed genetic materials from a variety of sources, freely exchanged them with fellow researchers and institutions and shared their research results with foreign and local collaborators. The 2010 Nagoya Protocol regulating access to genetic resources is set to change this scenario. This treaty requires country parties to put in place enhanced ABS measures regulating access to their genetic resources and to provide for the sharing of benefits arising from their utilization. These measures include minimum access standards, mandatory prior informed consent of indigenous and local communities, compliance with the domestic laws or requirements of the provider country and monitoring the utilization of genetic resources. This is aimed at commercial research. Non-commercial public research which contributes to the conservation and sustainable use of biological diversity is encouraged, particularly in developing countries, through simplified measures. There are undoubtedly practical challenges in operationalizing this provision without impeding research in the sector most potentially affected by ABS measures. This article presents the results of a survey of the practices of such researchers in one developing country, namely Malaysia. It examines the potential implications for the national implementation of the Protocol. Given country specificities, this study highlights and shows the importance of increasing knowledge about existing practices for an efficient design and implementation by developing countries of a complex legislation such as the Nagoya ABS Protocol.     

Does GPS supervision of intimate partner violence defendants reduce pretrial misconduct? Evidence from a quasi-experimental study

Objectives

This research examines the effect global positioning system (GPS) technology supervision has on pretrial misconduct for defendants facing intimate partner violence charges.

Methods

Drawing on data from one pretrial services division, a retrospective quasi-experimental design was constructed to examine failure to appear to court, failure to appear to meetings with pretrial services, and rearrest outcomes between defendants ordered to pretrial GPS supervision and a comparison group of defendants ordered to pretrial supervision without the use of monitoring technology. Cox regression models were used to assess differences between quasi-experimental conditions. To enhance internal validity and mitigate model dependence, we utilized and compared results across four counterfactual comparison groups (propensity score matching, Mahalanobis distance matching, inverse probability of treatment weighting, and marginal mean weighting through stratification).

Results

Pretrial GPS supervision was no more or less effective than traditional, non-technology based pretrial supervision in reducing the risk of failure to appear to court or the risk of rearrest. GPS supervision did reduce the risk of failing to appear to meetings with pretrial services staff.

Conclusions

The results suggest that GPS supervision may hold untapped case management benefits for pretrial probation officers, a pragmatic focus that may be overshadowed by efforts to mitigate the risk of pretrial misconduct. Further, the results contribute to ongoing discussions on bail reform, pretrial practice, and the movement to reduce local jail populations. Although the cost savings are not entirely clear, relatively higher risk defendants can be managed in the community and produce outcomes that are comparable to other defendants. The results also call into question the ability of matching procedures to construct appropriate counterfactuals in an era where risk assessment informs criminal justice decision-making. Weighting techniques outperformed matching strategies.

     

电子政府能促进责任性吗?——14个国家的网站公开性与政府责任比较分析

在信息技术引发的全球压力下,公共行政领域基于网络技术的采用创造了一个新的"政府-公民"界面.然而,电子政府是否将明确地导致一个更透明、更具互动性、更开放,因而是更有责任的政府一直是一个核心问题.针对14个国家,应用全球压力对官僚政治变化影响的框架,基于网站公开性和责任问题展开经验研究.研究表明,即使全球范围国家的整体责任等级有所提升,但在基于网络的技术典型地保持和加强现存实践的条件下,不同国家官僚机构问的责任差异依然存在.电子政府是否能促进责任性,首先依赖于人们参照什么类型的官僚机构.就当前全球化对公共官僚机构的影响而引发的关于全球趋同(global convergence)与国家异化(nationaldivergence)问题的争论而言,电子政府的广泛实践只是提供一个实践趋同而非结果趋同的案例.     

An Empirical Examination of Partnership Frequency and Design within International Nongovernmental Organizations (INGOs)

Despite the increase in public and nonprofit partnerships, there is little understanding of the organizational factors associated with partnership frequency and design. Through negative binomial and multinomial logistic regressions, this study analyzes data from interviews with 149 leaders of international nongovernmental organizations (INGOs), to first examine partnership frequency, and to then examine the formation of different partnerships structures: principal-based partnerships, agent-based partnerships, and shared power-based partnerships. The findings suggest that improving results and increasing funding are the primary goals of partnership adoption, and that the most management intensive forms of partnerships are only adopted when INGOs have sufficient organizational capacity.     

Perceptions of Harm,Criminality, and Law Enforcement Response: Comparing Violence by Men Against Women and Violence by Women Against Men

The authors compare third-party evaluations of male violence against women and female violence against men with regard to perceived injury severity, criminal labeling, and recommending police contact. They determine if victim–offender gender directly influences third-party perceptions of injury, and test whether injury mediates victim–offender gender effects on assessments. Injury perception mediated but could not fully explain differences in labeling. Differences in police contact support remained significant after taking injury perceptions into account. Male and female respondents differed in injury evaluations in acts with male victims or female perpetrators, but not in injury rating of male perpetrator or female victim violence. Findings suggest gender stereotypes directly and indirectly influence third-party observers of violence, shaping assessments of injury and ability or willingness to criminalize violence.     

Electoral Reforms and Peace Duration Following Negotiated Settlements

One of the most common features found within peace agreements is provisions that call for post-civil war elections. Unfortunately, the initial post-war elections often increase the risk of civil war recurrence. While past research has consistently confirmed this finding, it focuses only on one element of the democracy. Rather than focusing solely on elections, this article examines the laws surrounding the electoral process. Specifically, I examine how changes in electoral laws that are called for in peace agreements impacts the risk of renewed civil war. Building on research that examines the context of post-civil war elections, I argue that reforms to electoral laws that precede the initial post-war election substantially reduce the risks associated with that election. This proposition is supported with evidence from survival models of peace failures following the establishment of comprehensive peace agreements from 1989 to 2010, demonstrating that electoral reforms reduce the risk of civil war recurrence.