'Immunity', 'Privilege', and 'Right': British Trade Unions and the Language of Labour Law Reform

A continuing debate exists among labour lawyers in the United Kingdom as to the most appropriate legal framework for the regulation of collective industrial action. Many have argued that a change in legal form will not in itself afford greater protection to union activity. Through an analysis of the changing approach of the trade union movement to the issue of 'immunities' and 'rights' during the Thatcher period, this article seeks to demonstrate that adoption of the 'rights' discourse in fact offered considerable strategic advantages. In consequence, any analysis of this question should not overlook the significant political role played by language.     

The impact of Māori cultural values on forensic science practice in New Zealand

Forensic science aims to serve society by advancing justice. It is accepted that some actions taken by the state in the interests of advancing justice, such as postmortem examinations, may impinge on values held by members of groups within society. Such actions have the potential to cause cultural offense. It is important that forensic scientists are aware of these issues and that as a profession we should take actions, where possible, to reduce any potential offense and consequently reduce unnecessary distress. This paper examines the impact of these issues on forensic practice in New Zealand, and, in particular, in relation to the cultural values of Māori, the indigenous people of New Zealand. Interviews and workshops were used to identify forensic practices involving a risk of cultural offense. Particular issues were identified in regard to crime scene attendance and examination, postmortem attendance and sample storage, disposal, and return. This paper describes the response developed by the Institute of Environmental Science and Research Limited (ESR) to address these issues, including a cultural awareness training package and reference brochure.     

Climate Change: Legal Developments on Many Fronts

A dynamic set of diplomatic, political, and cultural forces is driving action on global climate change in many legal arenas. These include novel multi-state compacts to regulate certain emissions of greenhouse gases (GHGs), vigorous legislative initiatives by the new Congressional leadership, judicial actions seeking damages and injunctive relief, and private sector responses to the potential new liabilities and obligations associated with climate change. In this environment, pressure is mounting on the federal government to abandon its policy of encouraging voluntary reductions in greenhouse gas emissions and to adopt programs that will impose mandatory and uniform national emission requirements.     

Explaining the choice between alternative insolvency regimes for troubled companies in the UK and Sweden

Over the past 20 years UK and Swedish insolvency law has moved in the direction of company rescue rather than enforcing secured creditor priority. However, both countries show a low take up rate of rescue procedures. This paper uses a cost-benefit approach to examine the choices faced by key stakeholders using the now conventional transaction cost paradigm. The paper argues that it is predominantly the ex post indirect and time costs which explain the poor take up of customised rescue procedures. In both countries the ex ante cost of delay in filing also presents a tough challenge not fully addressed by policymakers. JEL Classification K22     

Changing minds? Not in Congress!

This paper shows a variety of evidence that members of Congress are ideologically consistent. Based upon the roll call voting record, once elected to Congress, members adopt a consistent ideological position and maintain it over time. There may be changing minds, but they are not in Congress.     

Saving Children from a Life of Crime: Toward a National Strategy for Early Prevention

A great deal has been learned about childhood risk factors for offending and about effective interventions targeting these risk factors that reduce later delinquency and criminal offending. The time is right to implement a risk-focused, evidence-based national strategy for early prevention in the United States. A National Council on Early Prevention could provide technical assistance, skills, and knowledge to state and local agencies in implementing prevention programs; could provide funding, continuity, coordination, and monitoring of local programs; could provide training in prevention science for local people; could commission systematic reviews of the effectiveness of interventions; and could maintain high standards for evaluation research. The main aim of this article is to outline a national strategy for the prevention of delinquency and later offending. It identifies and discusses critical lessons learned from Western countries, such as Canada and Sweden, about the development of national crime prevention agencies.     

Valuing Massachusetts' Fixed Assets: A Contemporary Solution To An Historical Problem

The "Miracle of Massachusetts" is a slogan of the past. The FY 1992 deficit was projected to be over one billion dollars. In this article the authors describe the efforts of a dedicated group of government employees who created innovative solutions to long-standing problems. Massachusetts' financial statements could not obtain a "clean" audit opinion because the state's fixed asset records were unauditable. The group developed and implemented an acceptable method for valuation of those assets. This required inventorying all the fixed assets of the state, then valuing each of these items in accordance with either an historical cost or an acceptable surrogate.