The court for sexual offences: perceptions of the perpetrators of sexual offences

This article explores the largely hereunto-ignored perceptions of the offenders within the specialist sex-courts in Bloemfontein, Free State, South Africa. Various factors potentially affecting such perceptions within this group of individuals are identified by way of theoretical orientation. Respondents were inclined to view the Court for Sexual Offences as biased in process and excessively punitive with regard to sentencing. The specialist sex-court was also perceived to be inefficient and slow. Female prosecutors were judged to be overly involved in cases to the extent that their objectivity was impaired. The need for additional research in various related areas is also explored.     

Public management reform and organizational performance: An empirical assessment of the U.K. Labour government's public service improvement strategy

We present the first empirical assessment of the U.K. Labour government's program of public management reform. This reform program is based on rational planning, devolution and delegation, flexibility and incentives, and enhanced choice. Measures of these variables are tested against external and internal indicators of organizational performance. The setting for the study is upper tier English local governments, and data are drawn from a multiple informant survey of 117 authorities. The statistical results indicate that planning, organizational flexibility, and user choice are associated with higher performance. Conclusions are drawn for the theory and practice of public management reform. © 2006 by the Association for Public Policy Analysis and Management     

American Federalism: From Johnson to Bush

Intergovernmental developments for more than twenty-five yearshave produced a nation-centered federalism—strongly sofrom 1964 to 1978, somewhat less so from 1969–1988, anda little more so during the past two years. The reasons forthis fundamental systemic transformation include: (1) the demiseof the earlier, 150-year old, confederative party system andthe rise of a new political system with weak federative parties,but other more powerful political actors; (2) an operationaland local representational renaissance of the states, but alsoa concomitant decline of state and local political influencein Washington; (3) a steadily centralizing Supreme Court, withonly a few pro-state decisions until 1989; and (4) a rapid risein national preemptions and of a "new social regulation" thatwas aimed at state and local governments as much as at the privatesector, even as the states were used to implement them. Theonly real constraint on national activism since 1982 has beenbudget-driven federalism, not planned reform efforts. The currentsystem then requires political, representational, judicial,and constitutional reforms if the centralizing, cooptive, andpermissive features of contemporary federalism are to be corrected.     

Determinants of the probability and timing of commercial casino legalization in the United States

The adoption of lotteries by state governments has received significant attention in the economics literature, but the issue of casino adoption has been neglected by researchers. Casino gambling is a relatively new industry in the United States, outside Nevada and New Jersey. As of 2007, 11 states had established commercial casinos; several more states are considering legalization. We analyze the factors that determine a state’s decision to legalize commercial casinos, using data from 1985 to 2000, a period which covers the majority of states that have adopted commercial casinos. We use a tobit model to examine states’ fiscal conditions, political alignments, intrastate and interstate competitive environments, and demographic characteristics, which yields information on the probability and timing of adoptions. The results suggest a public choice explanation that casino legalization is due to state fiscal stress, to efforts to keep gambling revenues (and the concomitant gambling taxes) within the state, and to attract tourism or “export taxes.”     

Post-termination use of licensed intellectual property by licensees

Legal and practical context: The ongoing dispute between Nokia and Qualcomm exemplifies thecomplex issues that arise when the licensor–licensee relationshipbreaks down. It illustrates that any means by which a licenseecan secure rights to use licensed IP after termination of alicence agreement can be of great commercial importance, notto mention significant economic value. If a licensee can continueto use licensed IP notwithstanding that its agreement has beenterminated, a licensor's ability to control and derive maximumeconomic benefit from its IP may be fundamentally compromised. Key points: The means available to licensees to secure such rights varydepending on the kind of IP right licensed, but there are severalcommon themes, which draw on a diverse range of legal rulesand concepts, including specific IP concepts and laws (includingthe rules relating to assignment and licensing, the exhaustionof rights, revocation and invalidation, and defences to infringementclaims), contract law and competition law. This article discussespractical implications to be considered when drafting IP licenceagreements. Conclusions: From a licensee's perspective, the termination of its licenceagreement is not necessarily the end of the road. Licenseesshould be aware of these post-termination rights when expectingto face difficult renegotiations with a licensor. From bothparties' perspectives, but particularly that of licensor, thisarticle should demonstrate the importance of drafting to avoidany uncertainty that may arise on the termination of a licenceagreement.     

Active ageing in employment: Its meaning and potential

This article focuses primarily on the recently emerged notion of “active ageing” and the policies necessary to turn it from a political slogan into an important mechanism in societal adjustment to population ageing. It begins by summarizing the main reasons for the growth of interest in active ageing. It goes on to describe the background to the concept of active ageing and its relationship to productive ageing. Then it outlines the basic principles on which policies on active ageing should be based and the key elements of a strategy to implement it. This is followed by a summary of the potential of active ageing to influence social protection expenditure. Finally the focus moves to the organizational level and the elements of an age management approach are presented. It is argued that a strategy of active ageing across the life course will enable ageing workers to exert a stronger influence over not only their later life careers but also their health and well-being. In addition to this personal empowerment active age management within organizations has the potential to improve efficiency and the optimum use of human capital. At the macro level active ageing can help to sustain or build up social protection systems. The main reference point for this article is Europe.