Incapacity,the Labour Market and Social Security: Coercion into ‘Positive’ Citizenship

The article examines the likely evolution of the social security system in the United Kingdom in the aftermath of the Welfare Reform Act 2007. This recent legislation is paradigmatic of the new ideology and modes of thought which currently form the foundation of the modern welfare state, an institution increasingly viewed as a facilitator for individual self‐sufficiency, as opposed to its traditional role of providing temporary financial support in periods of need. In addition, it is likely that the Act has promoted at least some changes in the concept of citizenship, in particular the contemporary emphasis on responsibilities as much as on rights. The article considers whether the Act itself has succeeded in meeting the rhetorical claims made for it by legislators during the passage of the Welfare Reform Bill through Parliament. The question of whether the Act contains a punitive or even coercive element is also examined.     

‘That wicked rule,that evil doctrine … ’: Reforming the Law on Disclosure in Insurance Contracts

The Consumer Insurance (Disclosure and Representations) Act 2012, which abolishes the consumer assured's duty to volunteer information, heralds the first successful outcome of the English and Scottish Law Commissions current insurance contract law reform project. This paper outlines the defects of the common law duty of disclosure which the Law Commissions sought to address. It goes on to consider why previous legislative attempts failed, the self‐regulatory measures introduced by the insurance industry as a means of resisting earlier pressure for statutory intervention, and how that resistance broke down. Finally, it examines the scope of the 2012 reforms and the current consultation being undertaken in respect of the duty of disclosure in relation to business insurance. It concludes by assessing the significance of the statute in providing a necessary impetus for future insurance law reforms.     

Screening of gunshot residues using desorption electrospray ionisation-mass spectrometry (DESI-MS)

Several studies have indicated that there are potential environmental sources of particles resembling inorganic primer found in gunshot residues (GSR); as a consequence examiners are reluctant to unambiguously assign the origin of inorganic particles. If organic gunshot residues (OGSR) were found in combination with inorganic particles, the possibility of environmental sources could be potentially eliminated, thereby significantly enhancing the strength of the evidence. Methods have been previously described whereby GSR specimens can be analysed for the presence of OGSR or inorganic GRS (IGSR). However, no methods have been reported that allow the analysis of both OGSR and IGSR on the same specimen. Described in this article is a direct method using desorption electrospray ionisation-mass spectrometry (DESI-MS) for the detection of methyl centralite (MC), ethyl centralite (EC) and diphenylamine (DPA) on adhesive tape GSR stubs typically used for scanning electron microscopy-energy-dispersive X-ray (SEM-EDX) analysis. The optimisation of numerous parameters was conducted using an experimental design. The results indicate that direct analysis of these organic components of GSR is possible although some limitations were also identified. This initial investigation has also indicated that subjecting stubs to DESI analysis does not interfere with subsequent SEM-EDX analysis of primer residues; therefore the technique described herein allows a comprehensive examination of GSR that would be highly probative in the event that both OGSR and IGSR are detected in the same specimen.     

The role of empathy in anger arousal in violent offenders and university students

A lack of empathic responsiveness toward others has been consistently identified as an important antecedent to aggressive behavior and violent crime, with many rehabilitation programs for violent offenders incorporating treatment modules that are specifically designed to increase offender empathy. This study examined the extent to which cognitive (perspective taking) and affective (empathic concern, personal distress) empathy predicted anger in a clinical (male prisoners convicted of a violent offense) and a nonclinical (student) sample. Perspective taking emerged as the strongest predictor of self-reported anger in response to an interpersonal provocation, as well as being most consistently related to scores on measures of general trait anger and methods of anger control. While the relationship between perspective taking and anger was apparent for offenders as well as students, the results did not support the idea that an inability to perspective take is a particular characteristic of violent offenders.     

Developmental incompetence to stand trial in juvenile courts

Juveniles' competency to participate in delinquency proceedings has received increased attention in recent years. Developmental incompetence, whereby juveniles' incompetency is based upon their immaturity, as opposed to a mental disorder or developmental disability, is an evolving and important aspect of this area of law. The following paper reviews theories used to support the notion of developmental incompetence, as well as the extant empirical research on juveniles' competency-related abilities. Using a LexisNexis search, statutory and case laws pertaining to juvenile competency were identified across the 50 states and the District of Columbia. Only six states clearly allow developmental incompetence, whereas 17 have laws that do not include developmental immaturity as an acceptable basis of incompetence in juvenile courts. Developmental incompetence is likely to affect a relatively small proportion of juvenile cases, but has important implications for juvenile forensic practice. Recommendations are offered for forensic practitioners conducting this type of evaluation.     

E-participation and e-participants: solving the patent ‘crisis’

One of the major planks of some visions for E-Gov is that there is a willing participatory group who are more than happy to be involved in new forms of democracy and will be active and useful suppliers of input to e-consultation or e-participation processes. This group is different from that which goes online to the government website and signs a petition asking the prime minister to resign. It is becoming clear, though, that the commitment to e-participation may well be there in theory, but difficult to access in practice. Further, the participation that is most welcome can frequently require training and expertise that is not widely available or there may be differences in opinion as to the point of participation. In this paper I will look to the attempts to encourage participation in the patent system. The UK has initiated a trial system utilising New York Law School's Peer-To-Patent project, but has also attempted to involve participants in previous consultation exercises. I will use these as demonstrations of the sorts of problems that e-participation has met, and consider whether this new form of E-Gov is perhaps being oversold. The interesting question is whether participation is a growing tool that can ensure better public services from the State. My conclusion is that consultation and participatory projects can demonstrate involvement and are certainly educative, but e-participatory projects are most likely incapable of achieving the goals set by their more optimistic advocates. The paper emphasises the patents field, but the lessons from it can – I suggest – be viewed as indicators having wider governance relevance. The primary point being made is that the technocratic view is always over-optimistic.     

Controlling the variable of pressure in the production of test footwear impressions

Footwear impression lifting and enhancement techniques may be affected by several variables introduced during the production of test footwear impressions, thus limiting the usefulness of enhancement technique comparisons and the results obtained. One such variable is the force applied when the impressed mark is being made. Producing consistent test impressions for research into footwear enhancement techniques would therefore be beneficial. This study was designed to control pressure in the production of test footwear impressions when mimicking a stamping action. Twenty-seven volunteers were asked to stamp on two different surfaces and the average stamping force was recorded. Information from the data obtained was used to design and build a mechanical device which could be calibrated to consistently deliver footwear impressions with the same force onto a receiving surface. Preliminary experiments using this device and different contaminants on the footwear sole have yielded consistent and repeatable impressions. Controlling the variable of pressure for the production of test impressions in this study demonstrated that the differences observed were visual (due to the amount of contaminant transferred and subsequent enhancement) and did not affect the replication of outer sole characteristics. This paper reports the development of the device and illustrates the quality of the impressions produced.     

Populist possibilities and political constraints in Mexico

This article defines populism (in Latin American context) as a form of politics that is based mainly upon a personalist appeal, attracts significant popular support and, if successful, significantly redesigns social or political institutions. Neopopulism is defined as a form of populism which begins outside the state as opposed to classic populism which originates within the state. The main theoretical argument is that the study of populism can be made significant for comparative politics if we emphasise the issue of institutional redesign and then conceptualise it in structure vs agency terms. The comparative question then becomes whether a particular set of political institutions is robust enough to withstand the challenge of a charismatic individual. The empirical background is that Latin America has seen a significant number of populist movements that have indeed fundamentally altered institutional structures. By the same token, there have been an even larger number of populist attempts which ultimately failed. Having made this point, the discussion then focuses on Mexico. It seeks to understand the different sets of conditions which allowed Lázaro Cárdenas to succeed as classic populist in the 1930s, Cuauhtémoc Cárdenas to come close to success as a neopopulist in the 1980s and which greatly reduce the likelihood of successful neopopulism in the near future.