How Large Should the Strike Zone Be in “Three Strikes and You're Out” Sentencing Laws?

So-called three strikes and you're out sentencing laws for criminal offenders have proliferated in the United States. The laws vary considerably in their definitions of what constitutes a strike. This paper adapts the classic Poisson process model of criminal offending to investigate how varying sentence lengths and definitions of what constitutes a strike affect the effectiveness and cost-effectiveness of these sentencing laws. In particular, it asks whether, by using different definitions for the first, second, and third strikes or different sentence lengths, one can make the resulting incarceration more efficient in the sense of incapacitating more crimes per cell-year served.     

Holding Back the Tide— a Review of Recent Developments in Copyright Law in the United Kingdom

This article surveys recent developments in UK copyright law. It sets these developments in the context of broader trends in copyright law and policy. Significant decisions concerning subsistence of copyright, authorship, infringement, defences, remedies and collective licensing are analysed. The author notes that copyright, and other intellectual property rights, have been given extra force as a result of recent legislative developments. He argues that, against this background, it is possible to discern increasing judicial concern to ensure that such an expansion in monopoly power does not operate against the public interest.     

The State and the Economy: Opinion Formation and Collaboration as Facets of Economic Management

This paper seeks to extend discussion of the areas of state activity that are relevant to economic performance. It does this by linking several literatures that are now usually considered in isolation from each other. These are institutionalist theory, developmental state theory, and comparative and historical institutionalism. The paper focuses particularly on the experience of the east Asian developmental states. The paper suggests a new role for the state as catalyst in the formation of ideas, choice sets and motives concerning economic performance. It can play this role at national and policy community levels and in relation to desired overall outcomes, export or cluster development and innovation. The notion that economic globalization will inexorably drive convergence between states is discounted. On the contrary, this is as likely to nourish miscomprehension or incomprehension between citizens of different states. This is an additional reason for attending to the quality of opinion formation by states.     

Program Strategy and Coalition Building as Facets of New Public Management

This paper explores two issues: first, the strategic and coalition-building tasks that may be routinely associated with New Public Management (NPM); and second, the implications of acknowledging these tasks for the conception of public management. NPM focuses on performance. It invites managers to accept responsibility for whole programs or systems (Kettle, 1997; Dunleavy, 1994; Ridley, 1996; Hood, 1995). This directs attention to basic program frameworks (that is, program strategy), as well as to operations. It involves the purposes of programs. It involves routine attention to such factors as the effectiveness of outcomes, the identification of alternative program configurations, the implications of emerging issues and needs, and the mobilisation of authority for change. In practice, this authority derives both from program stakeholders, as well as from ministers and the broader political system.