Débat sur la Parite: Troisieme Critique Debate about Parity: Third Critique

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Public Higher Education Institutions' Investment in Performing Arts Centers

Although commonplace in academic settings, performing arts centers are multifaceted and remain unexplored. Framed by resource dependency theory, this research sheds light on the motivations of higher education institutions in a resource-scarce environment. Specifically, why do these institutions—with limited resources—prioritize the co-curricular arts? This study employs process research to understand the origination, funding sources, and purposes of performing arts centers at higher education institutions in Virginia. Evidence suggests that these institutions invest in the co-curricular arts to not only fulfill their public service missions, but also to capitalize on and acquire resources.     

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.     

Working for Criminalization of Economic Offending: Contradictions for Critical Criminology?

While economic crime and itscontrol deserve the scrutiny of criticalcriminology, there are problems in being acritical economic crime criminologist. The conclusion that criminal law in this areabe strictly and consistently enforced seemsinconsistent with critical criminology'swarnings regarding the dangers ofcriminalization as a response to socialproblems. This article reports upon thisdilemma in the specific context of research ona recent Finnish initiative to combat economiccrime that resulted in the authors engaging inpolicy-debates to argue for even greatercriminalization of such crime. The articledescribes and reflects upon thispro-criminalization strategy. It provides anoverview of the research project and some ofthe dangers associated with the advocacy ofgreater criminalization that emerged from it,and which is raised more generally by criticalcriminologists. It concludes by justifyingwhy, in the particular context within whichthis project was conducted, the approachadopted towards conducting the research,disseminating findings, and advocatingcriminalization.     

Redefining the roles of environmental NGOs in Africa

The article summarises issues identified in a study undertaken on behalf of the HIVOS Foundation of the Netherlands and the Netherlands Ministry of Foreign Affairs Development Division, which included a field study of 45 environmental NGOs in seven African countries. This generated an institutional database to support the aid strategies of the agencies commissioning the research, and forms the basis of an analysis of some of the broader issues concerning the role and behaviour of various types of NGO.     

The Tort Remedy in Search and Seizure Cases: A Case Study in Juror Decision Making

Civil suits for damage awards against police officers alleged to have engaged in illegal searches have long been suggested as an alternative to the exclusionary rule as a remedy for police misconduct. A review of empirical literature on the incidence and outcomes of such suits suggests that defendant officers often prevail and that the awards do not seem large enough to produce the punishment and deterrence effect often claimed by proponents of the tort remedy. Using an experimental technique involving simulated trials and adults called for jury service as subjects, we examine the effects of two procedural aspects of such suits on juror awards. The extent of municipal liability and the substitution of the U.S. government as plaintiff do not appear to affect the incidence or size of compensatory or punitive damage awards. Denying jurors information about the outcome of the search does appear likely to increase damage awards. The article both explores factors affecting juror decision-making in these cases and illustrates the utility and limitations of the experimental method for testing suggested policy innovations.