Rethinking the Merit Principle in Judicial Selection

Against the background of the continuing lack of diversity in the makeup of the judiciary in England and Wales, this article explores the reasons behind the consistent rejection of affirmative action policies in relation to the judicial appointment process. It examines the relationship between affirmative action and the merit principle in this context and argues that the belief that the two are inherently in tension rests on implicit assumptions about both which are open to question.     

Evaluating the best value framework in UK local government services

The aim of this article is to conduct an exploratory multiple case analysis of local government delivery of Best Value by focusing on Environmental Waste Management Service (EWMS) delivery. EWMS is chosen as a key area of Best Value development and application. The Best Value framework was developed by the UK Government to introduce performance management to local government as part of the ‘Modernising Government’ agenda. There is a need to critically evaluate Best Value so that local government can determine if this is a suitable and sustainable framework for the management of public services and that it can make a contribution to increased public service effectiveness. The article describes an exploratory multiple case research study and shows that the imposition of Best Value in local government must recognise the complexity and diversity within local government services, rather than adopting an inflexible approach to deployment. There is a need to go beyond generalised performance measures and benchmarks and to attempt to understand the difficulties and complexities of localised conditions. Copyright © 2003 John Wiley & Sons, Ltd.     

THE POTENTIAL FOR SIGNIFICANT INACCURACIES IN MERGER SIMULATION MODELS

This paper considers the role that merger simulation modelsshould play in European merger control. The use of these models,as off-the-shelf instruments to assess the economic effectsof mergers, has become increasingly widespread in recent years.However, contrary to some claims, merger simulation models donot allow investigators to avoid much of the competitive effectsanalysis relating to the relevant economic market, nor do theynecessarily provide more precision to merger control. Withoutunderstanding the limitations of such models and the circumstancesunder which they can and should be usefully applied, they maynot just be useless, but dangerous in the sense of providingpossibly spurious results with spurious claimed accuracy. Thispaper argues that any merger simulation models used should be"bespoke" models, rather than off-the-shelf models, but cautionsthat even bespoke models will frequently not be as useful asis often claimed. This is not to deny that there are occasionswhen well-constructed bespoke models are genuinely useful anddo offer genuine improvements in merger control.     

Differences in HIV-related knowledge, attitudes, and behavior among psychiatric outpatients with and without a history of a sexually transmitted infection

HIV infection among the mentally ill is estimated to be at least eight times the prevalence in the general population. Psychiatric patients may also be disproportionately vulnerable to other sexually transmitted infections (STIs), but this has not been well studied. We sought to characterize the prevalence and correlates of STIs in a sample of psychiatric outpatients (N=464). Over one-third of the sample (38%) reported a lifetime history of one or more STIs. Multivariate analyses showed that, relative to those without an STI history, patients with a lifetime STI history were more knowledgeable about HIV, expressed stronger intentions to use condoms, and perceived themselves to be at greater risk for HIV. However, those with a past STI were also more likely to report sex with multiple partners and reported more frequent unprotected sex in the past 3 months. Treatment for an STI may increase HIV knowledge and risk reduction motivation, but does not necessarily lead to changes in sexual risk behavior among psychiatric patients. Findings highlight the need for STI/ HIV risk reduction interventions in psychiatric settings, particularly for patients with high-risk profiles.     

The unintended impact of the therapeutic intentions of the New Zealand Mental Health Review Tribunal? Therapeutic jurisprudence perspectives

Mental health review bodies engage in complex decision-making that may explicitly incorporate a therapeutic philosophy. Examination of select decisions of the New Zealand Mental Health Review Tribunal offers a foundation for understanding some implications of a pro-therapeutic approach. This analysis draws upon therapeutic jurisprudence scholarship in relation to three aspects of the hearings as documented in the written decisions: advocacy, therapeutic intervention, and the dignitary potential of the proceedings. The research explores the unintended consequences of a pro-therapeutic approach and evaluates the potential application of therapeutic jurisprudence within a mental health law context.     

Imitating the West? Evidence on Administrative Reform from the Upper Echelons of Chinese Provincial Government

This article explores the attitudes of officials in the upper echelons in Chinese provincial and local government toward the origins of administrative reform. The authors examine the somewhat dichotomous argument that reform imitates the West or is indigenous and contend that both influences are present. Data drawn from a survey of party cadres and government officials show that cultural factors (time in government, overall knowledge of administrative reforms, together with familiarity with the move from a planned system of government to a market economy) and structural variables (upper echelon and familiarity with business management techniques) are correlated with learning from the West. Cadres and officials who spend more time managing outward and those who are familiar with performance assessment do not learn from the West. The theoretical and research implications of these findings—that learning from the West is an important influence on the adoption of administrative reforms in China—are discussed.