Preparing law graduates for a globalised world

In this article it is argued that law graduates need to be prepared for working in a global legal context. Whether working in global law firms or small, local non-global law firms, law graduates need to have the knowledge, skills and attributes that will better equip them to work within and across multiple, international legal jurisdictions. The purpose of the article is twofold: first, to report on and disseminate research on a collaborative project on internationalising the Australian law curriculum aimed at preparing law graduates for global legal practice, of which the authors were the lead researchers; and second, to discuss and demonstrate the practical application of the proposed curriculum framework to the teaching of Constitutional Law.     

Green Criminology Before ‘Green Criminology’: Amnesia and Absences

Although the first published use of the term ‘green criminology’ seems to have been made by Lynch (Green criminology. Aldershot, Hampshire, 1990/2006), elements of the analysis and critique represented by the term were established well before this date. There is much criminological engagement with, and analysis of, environmental crime and harm that occurred prior to 1990 that deserves acknowledgement. In this article, we try to illuminate some of the antecedents of green criminology. Proceeding in this way allows us to learn from ‘absences’, i.e. knowledge that existed but has been forgotten. We conclude by referring to green criminology not as an exclusionary label or barrier but as a symbol that guides and inspires the direction of research.     

First-time DWI offenders are at risk of recidivating regardless of sanctions imposed

Objective

Research demonstrates that punitive approaches to DWI employed by the judiciary have failed to significantly reduce recidivism. However, little is known about the deterrent effects of administrative and diversion sanctions. We examine whether such sanctions deter first-time DWI offenders.

Methods

We grouped combinations of administrative, judicial, and diversion sanctions routinely employed in the state of Maryland for processing drivers arrested for DWI into one of eight mutually exclusive disposition sequences. We applied this classification to Maryland drivers who had been licensed in the state and had precisely one DWI on their record prior to January 1, 1999. We then used a proportional hazards model to estimate the probability of remaining free of a new DWI during a 6-year period (January 1, 1999 - December 31, 2004) as a function of the disposition of the index violation, and of selected factors that could affect that probability.

Results

Drivers with a prior DWI were at relatively high risk of recidivating regardless of how they were sanctioned. Those who received administrative and alternative sanctions had a risk of recidivating similar to that of drivers who were convicted.

Conclusion

All dispositions sequences, not just convictions, indicate that first-time DWI offenders are at high risk of recidivating.     

Breaking up is hard to do: the economic impact of provisional funding contingent upon evidence development

Funding contingent upon evidence development (FED) has recently been the subject of some considerable debate in the literature but relatively little has been made of its economic impact. We argue that FED has the potential to shorten the lag between innovation and access but may also (i) crowd-out more valuable interventions in situations in which there is a fixed dedicated budget; or (ii) lead to a de facto increase in the funding threshold and increased expenditure growth in situations in which the programme budget is open-ended. Although FED would typically entail periodic review of provisional or interim listings, it may prove difficult to withdraw funding even at cost/QALY ratios well in excess of current listing thresholds. Further consideration of the design and implementation of FED processes is therefore required to ensure that its introduction yields net benefits over existing processes.     

‘You May Kiss the Bride,But You May Not Open Your Mouth When You Do So’: Policies Concerning Sex,Marriage and Relationships in English Forensic Psychiatric Facilities

In 1996, the Royal College of Psychiatrists recommended that all psychiatric facilities in the UK develop policies concerning sexuality and sexual expression for persons contained in those facilities. This paper analyses the prevalence and content of such policies in English forensic psychiatric facilities. While the College recommends an individualised approach to sexual and emotional relationships, most hospitals in fact either prohibit or actively discourage such expression as a matter of policy. The paper considers the advantages and disadvantages of that approach. The paper also considers the legal issues surrounding these policies, and in particular the legal authority for governing the sexual and emotional expression of hospital residents and the relevant human rights implications.     

Green Criminology and Dirty Collar Crime

As a contribution to literature drawing together green criminology and studies of organised and corporate crime, this paper provides a case study of crimes and public health harms linked to the Naples garbage disposal crisis. The context is the inability of modern consumer society to cope with the problem of mass production of waste. In turn this leads to opportunities for both legal and criminal entrepreneurs to offer services that promise but fail to ‘dispose’ of the problem. The analysis draws upon environmental law and classic studies of organised crime.     

Two Cultures,Two Different Shows

I am now yearning for my second home.China,you are very hard to get out of one’s system,and I will return in a couple of weeks!I have just spent three months back in Australia,where the cost of living is so high that it is almost impossible to live without a second source of income.Fortunately,in my case this comes from my writing.While in Australia I negotiated two contracts,one of which was     

Protecting the planet: a proposal for a law of ecocide

A wide range of actions imperil the planet and threaten the future of humanity and other species. This essay notes some examples of crimes and harms damaging to the environment and human and non-human species as well as various forms of response that have called for more effective and appropriate models of justice and law than currently prevail. This leads to a discussion of several suggestions regarding the development and expression of an earth jurisprudence and to the history of a proposal that “ecocide” be recognised internationally as a crime. Analysis of documentary sources traces this idea from debates about the concept of genocide to consideration by United Nations officials as to how crimes against the environment might be defined, and shows how near such a proposal has previously come to acceptance and enactment. The article concludes with an argument for supporting a law of ecocide as the 5th Crime against Peace.     

Books

The Chinese Army after Mao, by Ellis Joffe. Weidenfeld and Nicolson, London, 1987. 210 pp. £20. ISBN 0 6745 4849 3

Centre and Province in the People's Republic of China: Sichuan and Guizhou 1955–1965, by David S. G. Goodman. Cambridge University Press, Cambridge, 1986. 257 pp. £22.50. ISBN 0 5213 2530 7.

The China Challenge, by David S. G. Goodman, Martin Lockett and Gerald Segal. (Chatham House Papers 32) Routledge and Kegan Paul, London, New York and Andover, 1986. 86 pp. £5.95 paperback. ISBN 0 7102 1111 2.

Understanding Communist China: Communist China Studies in the United States and the Republic of China, 1949–1978, by Tai‐chun Kuo and Ramon H. Myers. Hoover Institution Press, Stanford, California, 1986. 179 pp. £17.50 hardback, £9.95 paperback. ISBN 0 8197 8341 4 and 0 8179 8342 2.

The Myth of Japanese Uniqueness, by Peter N. Dale. Croom Helm, London, 1986. xi + 233 pp. £25. ISBN 0 7099 0899 7.

Mongolia: Politics, Economics and Society, by Alan J. K. Sanders. Francis Pinter, London, and Lynne Reinner, Boulder, 1987. xxii + 179 pp. £22.50 hardback, £6.95 paperback. ISBN 0 86187 430 7 and 0 86187 431 5.     

OBITUARIES

The Indian Federation. An Exposition and Critical Review. By Sir Shafa'at Ahmad Khan, Litt.D. Pp. xii + 450. 6?” × 9”. Macmillan and Co. 1937. 15s.

The Spirit of Zen. By Alan W. Watts. Wisdom of the East Series. Edited by L. Cranmer‐Byng and Dr. S. A. Katadia. 73/4” × 5”. Pp. 136. John Murray, 1936. 3s. 6d.

When Japan Goes to War.* By O. Tanin and E. Yohan. 8/1/4>” × 5/1/2>”. Pp. 271. Lawrence and Wishart. 5s.

Japan at the Cross Roads. By Walter Smith. Published by Lawrence and Wishart, London. 1936. 3s. 6d.

The Far East Comes Nearer. By H. Hcsscll Tiltman. Pp. 314. Illustrated. London: Jarrolds. 1936. 12s. 6d.

The China Year Book, 1936

Problems of Chinese Education. By Victor Purcell, Ph.D. 8 /3/4>” ×5/3/4>. Pp. viii+261. London: Kegan Paul, Trench, Trubner and Co., Ltd. 1936. 10s. 6d.

Attack on Everest. By Neil Macintyre. Pp. 172. Methuen. 5s.

Tibetan Journey. By Madame Alexandra David‐Neel. 9” × 5 ?”. Pp. 276. Maps and illustrations. London: John Lane, The Bodley Head. 12s. 6d.

Social Organization and Customary Law of the Nepalese Tribes. By Dr. Leonhard Adam, American Anthropologist. No. 4. 3$

Khyber Caravan: Through Kashmir, Waziristan, Baluchistan and Northern India. By Gordon Sinclair. 8 3/4” × 6”. Pp. xvi+287. Maps. Hurst and Blackett. 12s. 6d.

The Clear Mirror: A Pattern of Life in Goa and in Indian Tibet. By G. E. Hutchinson. 9” × 5 ⁷/_8". Pp. xii+171. Cambridge University Press. 8s. 6d.

Ganésa: A Monograph on the Elephant‐Faced God. By Alice Getty. With an Introduction by Alfred Foucher. Oxford : Clarendon Press. 1936.

Afghanistan. A Brief Survey. By J. D. Ahmada and M. A. Aziz. With a Foreword by Dr. Sir Muhammad Iqbal. 10” × 7/1/2>". Pp. xx + 159. First published by Dar‐ut‐Talif, Kabul, September, 1934. New impression, Longmans, Green and Co., printers in India, April, 1936. Three maps and seventy illustrations. 12s. 6d. Library edition, 15s. 6d.

The Harēm. By N. M. Penzer. Pp. 260. Index. Map. Forty‐two plates. Harrap and Co. 1936. 21s.

Moslem Women Enter a New World. By Ruth Frances Woodsmall. Publications of the American University of Beirut, Social Science Series, No. 14. London: George Allen and Unwin, Ltd. 12s. 6d.

The Effects of Centralization on Education in Modern Egypt. By Russell Gait, Ph.D. 9?"× 6”. Pp. vi + 134. Cairo: Department of Education, American University. 1936.

The Nile : From the Source to Egypt. The Life‐Story of a River. By Emil Ludwig. Translated by Mary Lindsay. London: Allen and Unwin. 1936. Price 16s.

Sea Adventures. By Henry de Monfried. Translated by Helen Buchanan Bell. Thirteen illustrations and endpaper map. Methuen and Co., Ltd. 10s. 6d.

The Dangerous Sea: The Mediterranean. By George Slocombc. 8/3/4> × 5/3/4>”. Pp. xxx+286. Hutchinson. 1936. 10s. 6d.

Aden Protectorate: A Report on the Social, Economic and Politica Condition of the Hadhramaut. By W. H. Ingrams, O.B.E. Colonial No. 123. Pp. 1–127. With map. H.M. Stationery Office. 3s.

The Arabian Knight: Sir Richard Burton. By Seton Dearden. Pp.334. Arthur Barker. 12s. 6d.

The Gates of Jerusalem. By Jacqueline Cockburn. With an appreciation by Sir Ronald Storrs, K.C.M.G., C.B.E. Pp. x + 300. John Murray. 7s. 6d.

Who is Prosperous in Palestine ? Labour Pamphlet No. 7.

The Palestine Mandate : Invalid and Impracticable. By W. F. Boustany. Palestine Information Centre. 1936. IS. 6d.