Postmodern Professions? The Fragmentation of Legal Education and the Legal Profession

This article considers the institutional dimensions of professionalism and the legal profession's struggle with the challenges of post-modernity. An aspect of this is the Law Society's Training Framework Review (TFR) which promises changes to solicitors' education from 'cradle to grave'. The first part of the article analyses the structure and drivers of the TFR, their origins, and how they will be articulated. Secondly, the TFR is considered in the context of the political economy of higher education and its role in the new capitalism. Finally, we examine the potential effects of the TFR for the legal profession in the context of increasing practice segmentation and the threat of deprofessionalization, and also for the Law Society itself, whether it can retain a key role in the life course of the legal profession.     

European Parliament and Executive Federalism: Approaching a Parliament in a Semi-Parliamentary Democracy

Abstract: The European Parliament has often been understood along the lines of theories of European integration—compared to regular parliaments by Federalists or belittled as merely an international assembly by intergovernmentalists. This paper proposes an understanding of the European Parliament not along theories about what the EU should become, but what it is and surely will continue to be, that is a very distinct federal structure. The European Parliament is a parliament in an executive federalism—with far‐reaching consequences for its form and functions. After outlining the characteristics of this federal structure, these consequences will be demonstrated by analysing the European Parliament in contrast with two ideal types of parliaments: the working parliament, separated from the executive branch and centred around strong committees (like the US Congress), and the debating parliament, characterised by the fusion of parliamentary majority and government as well as plenary debates (like the British House of Commons). Dwelling thus on a comparison to a legislature in a non‐parliamentary federal system, like the US Congress, this paper argues that the European Parliament might best be understood as a special case of a working parliament. Finally, it will be proposed to consider the influence of executive federalism not only as fundamentally shaping the European Parliament but also as rendering the EU generally a semi‐parliamentary democracy.     

News media influences on public views of sentencing

Opinion polls in Canada, the United States, Great Britain, Australia, and elsewhere suggest that most members of the public would like their criminal courts to be harsher. Does media coverage of criminal sentencing contribute to a preference for harsher sentencing? Most people derive their information about sentencing from the news media and content analyses of news stories in Canada and the United States demonstrate that crimes of violence and sentences of imprisonment are overrepresented. Moreover, the news media provide little systematic information about the sentencing process or its underlying principles. This article reports the results of three studies examining the effects of media coverage on public opinion about sentencing. Subjects who read actual newspaper stories about sentencing that appeared in Canadian newspapers rated most reported sentences as too lenient. However, the specific account they read influenced their leniency judgments. Furthermore, in one experiment, participants assigned to read a newspaper account of a sentencing decision supported harsher sentences than participants who read a summary of actual court documents from the sentencing hearing.     

Party government in Central Eastern European democracies: A data collection (1990–2003)

Abstract.  This article provides a systematic comparative overview of party governments in 11 Central Eastern European countries. The review is based on the compilation of a cross-national data set on post-communist party governments from 1990 to 2003. The presentation of the data is organised in the same way as the party government data for Western democracies presented by Woldendorp et al. in 1998. Thus, the data provide empirical grounds for further comparative research on party governments in Central Eastern European countries, as well as among Central Eastern and Western Europe.     

Temporal Limits on the Legislative Mandate: Entrenchment and Retroactivity

According to the general wisdom, legislatures lack both the power to "entrench" their enactments against alteration by their successors and the power to "retroactively" undo the efforts of their predecessors. The author argues that, rather than being in conflict, these principles share a common theme. Legislatures operate as agents of the people under constitutionally defined mandates that are limited in time as well as scope. Actions that transcend—either forward or backward in time—the temporal delegation of authority conferred by periodic elections do not bind the electorate. In the first half of the article the author suggests that an understanding of the rationale behind the entrenchment prohibition can help shed light on a diverse group of issues including congressional power to prescribe internal rules of operation, constitutional amendment procedures, and legislative impairment of contracts. In the second half of the article the author takes issue with the traditional objection to retroactivity grounded on vested rights and unfulfilled expectations. In its place he proposes a theory of retroactivity embodied in republican principles concerning the temporal relationship between the people and their legislative agents.     

How do fiscally decentralized federations fare in times of crisis? Insights from Switzerland

This article examines federal dynamics during times of crisis in fiscally decentralized federations using Switzerland as an example. Based on qualitative research, we analyse how the relationship between the federal government and the cantons evolved during the recent ‘Great Recession’ and ensuing financial crisis. We contend that fiscally decentralized structures, as well as the consensus-oriented institutions of the political system, protect the federal balance of power. Our results show that Switzerland indeed adapted well to the crisis of the 2009 economic recession. However, the deficit crisis has revealed challenging coordination problems, notably in the areas of fiscal equalization and corporate taxation, which have the potential to put federal stability under stress. So far, the system has adapted well and safeguarded the federal order. Due to its combination of fiscally decentralized institutions and a strong consensus culture, Switzerland has proven to be a particularly robust federation.     

Avoidance and appropriation in Bishkek: dealing with time,space and urbanity in Kyrgyzstan's capital

ABSTRACT

Much has changed since Frunze was renamed Bishkek in 1991 and became the capital of independent Kyrgyzstan. Though it was once considered to be among the ‘greenest’ and most ‘orderly’ cities of the Soviet Union, today many of its long-term residents complain about the new settlements (novostroiki) that have emerged during the last two decades. To Bishkek's urbanites, the recent arrival of migrants is not associated with an escape from rural poverty and a rightful struggle for civic rights, but indicates a massive cultural and aesthetic degradation of familiar urban life. In this article, beyond contesting narratives of cosmopolitan nostalgia vs. legitimate belonging, I investigate how urban practitioners in fact produce and deal with different spaces in the city. My ethnographic accounts not only identify social avoidance as an essential pulse of Bishkek's current rhythm, but also illustrate that after a period of post-rural socialization previously stigmatized migrants may manage to smoothly blend into urban spatial flows and lifestyles.