Americanising Brexit Britain's Welfare State?

Will the British welfare state revert to an Americanisation trajectory or retain features of the European model after April 2019? After a period of historically prolonged austerity and substantial working age welfare reform, with the UK facing yet another renegotiation of the social contract in a post‐Brexit world, the question of whether there remains space for an alternative to the ‘American’ model is of crucial importance. We argue that there has been a blurring of differences across the American and European welfare states in terms of working age benefits, as most countries have adopted aspects of work‐based conditionality reforms, which attach the receipt of benefits to the active pursuit of work and, to varying extents, the underlying politics of US welfare reform, where there are large coalitions supportive of more punitive policies towards low‐income adults and minorities. These trends are taking place against the backdrop of a second major shift: increasing restrictions on benefits for immigrants. This double narrowing of the welfare state, making benefits conditional for citizens and excluding those who are not citizens, seemingly sets the agenda for a more restrictive post‐Brexit welfare state. The experience of the last two decades suggests, however, that the adoption of the American model has not been wholesale; steering a middle path between punitive conditional American benefits and more traditionally generous universal benefits is on the agenda across advanced welfare states.     

Regulatory dynamism of environmental mobilization in urban China

In China, urban middle class mobilization against potential pollution risk has become increasingly common. This article examines this phenomenon through a detailed case study of a 2009 anti‐waste incinerator campaign in the Panyu District of Guangzhou, which culminated in a sizeable public protest and government U‐turn. This episode revealed tension between the narrow, state‐centered regulatory model fixated on end‐of‐pipe pollution control, and a much broader decentered approach advocated – and practiced – by project opponents, which incorporated public consultation and much greater emphasis on upstream waste reduction and sorting. In the process, the Panyu campaign progressed beyond a case of “regulation by escalation,” whereby beneficial regulations are belatedly enforced following populist pressure. Instead, it transformed into an open dialogue between a plurality of actors, including citizens, journalists, experts, and officials, about what regulation should constitute and who should determine acceptable levels of risk. By focusing on the processes through which regulatory issues emerged and changed during the Panyu campaign, this article highlights the regulatory dynamism of environmental mobilization in a context of regulatory uncertainty, and campaigns against “locally unwanted land uses” more broadly.     

The administrative state and fiscal policy: A comparative analysis of political issues in China and the United States

This article examines the budgetary politics in China and the United States. It illustrates the inherent political nature of fiscal policies produced by different political and economic systems. Although both countries are concerned with the distributive effects of reform, the study indicates that the central government of China confronts issues related to the distribution of power between the center and the provinces during economic transformation. In contrast, the debate in the United States is produced by the distribution of costs and benefits brought about by federal fiscal policy. The context of the debate is influenced, in part, by the administrative state.     

Using Social Science to Inform the Law of Intestacy: The Case of Unmarried Committed Partners

Laws of intestate succession determine how the estate of a person who dies without a will is distributed. Researchers have struggled with the question of how to infer the donative intent of persons who die intestate. Based on an empirical study of unmarried committed partners, we compare the usefulness of two methods of social research for informing intestacy law: will studies and interviews with living persons about their preferences for estate distribution. The results indicate that for some groups of unmarried committed partners, will studies may not adequately reflect the extent to which intestate decedents wish their partner to share in their estate. In addition, the results demonstrate a close correspondence between respondents' actual wills, when they had them, and their distributive preferences on hypothetical scenarios. These findings are discussed as they relate to an examination of which sources of social scientific evidence are most useful in informing the law of intestacy.     

Teaching criminal investigation: A critical thinking approach

The purpose of this paper is to explore the “critical thinking” approach to teaching and develop those concepts into meaningful instructional activities in the classroom. The authors offer practical suggestions based on the critical thinking philosophy for implementing an active learning approach. The case study method serves as the foundation for an investigative process course and lead-up activity to the simulated preliminary and follow-up investigation. The instructor presents the critical thinking process and content information that enables students to perform five basic progressions: (1) case studies; (2) the preliminary investigation; (3) follow-up; (4) suppression hearing; and (5) moot court criminal justice simulations.     

Taking Capital Punishment Seriously

Although Asia is the most important region of the world when it comes to capital punishment, it is also one of the most understudied. This article identifies four research questions that deserve attention from students and scholars who believe taking capital punishment seriously requires studying Asia seriously too. What are the empirical contours of capital punishment in contemporary Asia? What are the histories of capital punishment in Asia? Can Western theories of capital punishment explain patterns and changes in Asia? And what is the future of capital punishment in Asia? If researchers take the trouble to explore these questions, the death penalty will not only become an interesting window into law and society in Asia, but Asia will prove to be an instructive window into the death penalty—the gravest real-life problem in the law.