Beyond Discretion: Prosecution, the Logic of Sovereignty, and the Limits of Law

Today it is widely recognized in both academic literature and the mainstream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality.
By drawing on Carl Schmitt and Giorgio Agamben, we seek to recast prosecutorial decision making as something that allows prosecutors to grant exemptions from the reach of valid law. The sovereign power of prosecutors is most vividly on display when they decline to bring charges where there is a legally sufficient basis for doing so. By exercising what is, in most jurisdictions, an all but unreviewable power, they can and do exempt individuals from the reach of valid law.     

The inhibiting factors that principal investigators experience in leading publicly funded research

Securing public funding to conduct research and leading it by being a principal investigator (PI) is seen as significant career development step. Such a role brings professional prestige but also new responsibilities beyond research leadership to research management. If public funding brings financial and infrastructure support, little is understood about the inhibiting factors that publicly funded PIs face given the research autonomy offered by publicly funded research. Our study finds that there are three key PI inhibiting factors (1) political and environmental, (2) institutional and (3) project based. Traditional knowledge, skills and technical know-how of publicly funded PIs are insufficient to deal with the increasing managerial demands and expectations i.e. growing external bureaucracy of public funding agencies. Public funding is no longer the ‘freest form of support’ as suggested by Chubin and Hackett (Peerless science: peer review and US science policy. Suny Press, New York, 1990) and the inhibiting factors experienced by publicly funded PIs limits their research autonomy. We also argue that PIs have little influence in overcoming these inhibiting factors despite their central role in conducting publicly funded research.     

Policy making in political memoirs — the case of the poll tax

As a contemporary means of political communication, those memoirs of participants that offer insights into the formulation of public policy are significant resources for researchers. This is even more so when a range of accounts can be examined together and their assertions tested against each other. The development, implementation and ultimate failure of the Poll Tax is a key element of recent British political history. While historians will eventually have access to the official record, and journalists provided daily coverage at the time, politicians' memoirs can be used by political scientists to describe and then evaluate the operation of the policy‐making process. The Poll Tax is a highly instructive example of the chaos that can result if any political system produces a policy which is under‐researched and not subjected to searching evaluation in parallel with its development. Copyright © 2002 Henry Stewart Publications.     

‘Family Businesses Distributing America's Beverage’: managing government relations in the National Beer Wholesalers Association

Over the past decade, America's National Beer Wholesalers Association (NBWA) has transformed itself from an organisation lacking much political influence into one of the most powerful interest groups on Capitol Hill. The NBWA has been described as “the toughest lobby you never heard of” (Birnbaum 1998: 148). Its strategy over this period provides an ideal case study of how to manage government relations within a trade association. It demonstrates the importance of establishing and implementing a measurable strategy, maximising the impact of a range of lobbying tools and leveraging the political environment to operate as effectively as possible. Senator Ben Nelson (Dem, Nebraska) has stated that, ‘NBWA is one of the most effective trade associations in Washington DC, with a staff that is savvy to the public relations and marketing strategies required to be influential on Capitol Hill’ (Nelson 2001). Indeed, the fact that the NBWA's government relations programme is so explicitly based upon marketing principles is unusual from a British perspective; even in the American context, the strategy is executed particularly effectively. Copyright © 2003 Henry Stewart Publications     

British Torture,Then and Now: The Role of the Judges

This article is concerned with the return of torture and other related abusive conduct to the British counter‐insurgency arsenal following the initiation of military engagements in Afghanistan and Iraq in the early 2000s. It focuses primarily on how judges have engaged with the challenges that this torture and abusive conduct have posed, both in their capacity as judges proper and also as appointees to a range of inquiries that have been initiated in the wake of these actions. The article contrasts the post‐2001 work of judges with that during an earlier episode when such state abuse was also evident, Northern Ireland in the 1970s. Arguing that the judiciary has been drawn into the fray much more heavily than in the 1970s and across a great range of platforms, the article analyses this judicial involvement and posits explanations for it against the backdrop of a changing UK politico‐legal culture.     

The brokering role of technology transfer offices within entrepreneurial ecosystems: an investigation of macro–meso–micro factors

The Journal of Technology Transfer - Previous studies have identified the importance of entrepreneurial and innovation ecosystems, however, few have considered in an integrated multi-level way, the...     

At the frontiers of scientific advancement: the factors that influence scientists to become or choose to become publicly funded principal investigators

This paper aims to unearth the factors that influence scientists in becoming and choosing to become publicly funded principal investigators (PIs). PIs are the linchpins of knowledge transformation and bridging triple helix actors, particularly academia-industry. At a micro level, PIs are at the nexus of engaging and interacting with other triple helix actors. No study to date has specifically focused on the factors that influence scientists to become or choose to become publicly funded PIs. For scientists taking on the role of a PI represents an important landmark in their research career. Set in an Irish research system we found two main categories of influencing factors—push and pull. Pull factors are where the PI has more choice in choosing to become a PI, where as push factors is where the PI has less choice in choosing to become a PI. Pull factors we identified were control, career ambition and advancement, personal drive and ambition. Pull factors we identified were project dependencies and institutional pressures.