Salaried lawyers and billable hours: a new perspective from the sociology of work

The work of legal professionals is changing rapidly, but the changes have not yet been thoroughly investigated from the perspective of the sociology of work. This paper draws on a research project that examined the work of solicitors in private practice in Melbourne, Australia. It uses in-depth interviews, results of secondary surveys and other data sources in order to describe the dominant working-time patterns. The evidence points to a common pattern of rigid and demanding schedules, which can be traced back to the indirect pressures exerted by the widespread system of ‘billable hours’. The paper takes up the challenge to examine the operation of this system. We argue that the billable hours system, initially just a technique for billing clients, has been transformed into a tool for measuring and controlling the work of salaried solicitors, through setting of targets, close time recording, careful monitoring, and a supple set of sanctions.     

Good Faith and the Ubiquity of the ‘Relational’ Contract

The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. That law does not have a general principle of good faith, but its doctrine of good faith, articulated through numerous specific duties, is more suitable for the interpretation of contracts according to the intentions of the parties than a general principle which invites the imposition of exogenous standards. That Yam Seng involved a relational contract does not mean that paternalistic exogenous standards should be imposed. It means that the good faith obligations essential even to a commercial contract of this sort must be implied in order to give efficacy to the fundamentally co‐operative contractual relationship.     

Blessed be Discord, 1910: Ricardo Flores Magón's Manifesto Mode

This article explores how Ricardo Flores Magón used images to transpose the graphic tradition of nineteenth-century Mexican political journalism into prose by deploying montage to craft both allegorical and prismatic images: while certain images are divorced from their original context and take on a new life, others, analogically related to a single idea, appear prismatically in fragments on the page. The affinities Flores Magón's writing shared with modernismo and the historical avant garde – as intensification of the former and precursor of the latter – have been a blind spot for literary history, to which this article attempts to restore the importance of his writing.     

Juggling Inputs, Outputs, and Outcomes in the Search for Policy Competence: Recent Experience in Australia

During the mid- to late 1980s, the Labor government in Australia under Prime Minister Bob Hawke distinguished itself by achieving a balance in its budgeting and management approaches. This allowed for focusing on inputs, outputs, and outcomes in tandem. The approach differed considerably from that pursued in New Zealand. There, an overemphasis on outputs introduced serious distortions to the relations between ministers and officials, which reformers in Wellington have subsequently taken strides toward correcting.
As often happens with reform movements, the Australian process reached a plateau by the early to mid-1990s. Broadly, officials welcomed a change of government in 1996 with the expectation that the coalition under Prime Minister John Howard would give new impetus to innovative public management. Ironically, this coalition addressed the issues surrounding budgeting and management reform through an unreconstructed 1980s lens, highlighting outputs at the expense of balanced emphasis of inputs and outcomes as well. As suggested by the Labor government's success in the 1980s and the adjustments attempted by New Zealand governments in the 1990s, collective dynamics among and between members of cabinet and officials, respectively, are key to a balanced approach. These dynamics foster a sense of trusteeship whereby participants see that inputs, outputs, and outcomes form part of a seamless web centered on public interest. The analysis of the Coalition's performance so far suggests thhat its efforts at reform have proven retrogressive when evaluated by this standard.     

Why the Fair Use Doctrine Should be Eliminated

The concept of fair use was introduced in the Copyright Act of 1976 as a means of allowing limited free access to copyrighted material. However, the application of fair use principles in the adjudication of infringement cases has demonstrated a fundamental problem in our approach to intellectual property rights. In much the same way as Hardin recognized a tragedy of the commons, continued efforts to make decisions based on the fair use doctrine run the risk of creating an information anti-commons.     

Informing the Understudied R: Exploring and Advancing Typological Research

Creating offender typologies has become a growing interest and a potential method of improving understanding of programming needs and potential placements. Most typological research has only explored and described potential offender types. Relatively few studies have attempted to confirm the existence of created typologies or examine how offenders in each type predict important outcomes. Utilizing a large sample (N = 37,111) of reentering male offenders from Washington State Department of Corrections, we computed both an exploratory and confirmatory latent class analysis. After the confirmation of six offender types, we examined each type’s likelihood of several recidivistic outcomes. We anticipate that the described typology will assist case management, prioritizing offender needs, optimizing treatment services, and determining sequencing of multiple treatment types.     

Estimating actual foot size from a static bare foot print in a White British Population

In forensic intelligence-gathering it would be useful to be able to estimate the size of a perpetrator's foot from a standing bare footprint found at the scene of crime. Currently, the advice is to add a fixed amount to the length of the footprint (typically 1.5 or 2.0 cm), but there is little evidence for this approach. This study used measured footprint and actual foot lengths from 146 participants from the white British student population of a University in the UK. Data were analysed using multiple regression with foot length as the dependent (outcome) variable and footprint length and sex as the independent variable/factor respectively. Sex was not a significant predictor. The regression equation for the best estimate of the foot length is 19.89 + 0.95 × print length ± 8 mm.     

Early detection and early intervention in prison: improving outcomes and reducing prison returns

Our aim was to investigate whether early detection was feasible in prison and whether it could improve mental health outcomes in young prisoners. A secondary aim was to explore whether it can reduce returns to prison. Between 2011 and 2014, a total of 2115 young prisoners were screened, 94 (4.4%) met criteria for ultra-high risk for psychosis and were offered an intervention, 52 actually received it. Return to prison data were sought on the 52 participants, receiving a formal intervention. Of the 52 prisoners who received an intervention, 30.8% returned to custody compared to national average reconviction rates of between 45.4 and 66.5%. Our results suggest that early detection is a feasible option in a prison setting, improving mental health outcomes and reducing returns to prison. Mental health outcomes were recorded for a sub-sample of those receiving the intervention. The results indicated statistically significant improvements on measures of depression, anxiety and psychological distress.