Casting Aside Clanking Medieval Chains: Prerogative,Statute and Article 50 after the EU Referendum

This article confronts the controversies surrounding Article 50 by analysing the relationship between statute and prerogative in the UK. The piece focuses on domestic constitutional issues and suggests a new way of classifying the relationship between statute and prerogative into two types falling under ‘the abeyance principle’ or ‘the frustration principle’. The abeyance principle means that where statute and prerogative overlap, the prerogative goes into abeyance. The frustration principle means that where statute and prerogative give rise to potential inconsistencies, but do not overlap, the prerogative cannot be used inconsistently with the intention of parliament as expressed in the relevant legislation. It then argues that Article 50 has the status of primary or ‘primary‐equivalent’ legislation which could justify applying the abeyance principle. This would mean that the trigger power would be exercised on statutory authority rather than through prerogative powers. If the courts are unable thus to construe the relevant legislation it argues EU law requires the courts to bridge the gap. Alternatively, if the abeyance principle is not applicable, it argues the frustration principle could apply but the circumstances in this litigation fall outside it. In the further alternative, EU law could require the frustration principle itself to be set aside in this case.     

Retrospective Congressional Oversight and the Dynamics of Legislative Influence over the Bureaucracy

Research stresses that congressional committees increase their oversight of the bureaucracy during divided government. We extend this research by developing an explanation, rooted in a more dynamic view of policymaking, for why Congress would sometimes conduct vigorous oversight under unified control as well. In short, committees seem to engage in what we call “retrospective oversight” and take advantage of newly friendly executive administration to refocus existing policy made under a past opposition president. We assess our perspective using two separate sources of data on oversight hearings spanning more than 60 years and find support for our claims regarding retrospective oversight.     

Exploring the Effect of Exposure to Short-Term Solitary Confinement Among Violent Prison Inmates

Objectives

This study tracked the behavior of male inmates housed in the general inmate populations of 70 different prison units from a large southern state. Each of the inmates studied engaged in violent misconduct at least once during the first 2 years of incarceration (n = 3,808). The goal of the study was to isolate the effect of exposure to short-term solitary confinement (SC) as a punishment for their initial act of violent behavior on the occurrence and timing of subsequent misconduct.

Methods

This study relied upon archival longitudinal data and employed a multilevel counterfactual research design (propensity score matching) that involved tests for group differences, event history analyses, and trajectory analyses.

Results

The results suggest that exposure to short-term solitary confinement as a punishment for an initial violence does not appear to play a role in increasing or decreasing the probability, timing, or development future misconduct for this particular group on inmates.

Conclusions

Upon validation, these findings call for continued research and perhaps a dialog regarding the utility of solitary confinement policies under certain contexts. This unique study sets the stage for further research to more fully understand how solitary impacts post-exposure behavior.

     

Catching Them Before Too Much Damage is Done: Early Intervention with Resistance‐Refusal Dynamics

Children often need help before their parents are ready to stop fighting. Children at the center of high‐conflict disputes, particularly those who resist contact with a parent, face extraordinary risks of maladjustment. Years of investigation and litigation may precede any meaningful attempt at intervention, based on the questionable belief that all elements of causality (or blame) must be established before any effective treatment can occur. Children's functioning may continue to deteriorate during this time, undermining their future adjustment and reducing the chance of successful intervention later. We illustrate the application of the coping‐focused, multisystemic Child Centered Conjoint Therapy model to assisting these families. Methods to assist children without compromising external investigations are discussed.     

The institutional foundation of innovativeness and competitiveness of two German industries: biotechnology and mechanical engineering compared

The article analyzes the institutional foundation of the innovativeness and competitiveness of two German industrial sectors, mechanical engineering and biotechnology. It applies a systemic innovation approach to identify what changes at the national and regional levels can explain why mechanical engineering has kept a competitive advantage for many decades while we can observe a dynamic catching-up process in biotechnology. Both sectors provide good examples of the reconfigurations that take place in national innovation systems in both territorial and functional terms.     

Convenient and Inconvenient Truths in Family Law: Preventing Scholar‐Advocacy Bias in the Use of Social Science Research for Public Policy

This is the second of two articles on the risks of advocacy bias in the reporting of research findings when boundaries are blurred between social science research and advocacy in the pursuit of public policy. In the first article we identify common ways in which social science researchers and reviewers of research—wittingly or unwittingly—can become advocates for ideological positions and social policies at the expense of being balanced reporters of research evidence. The first article discusses the difference between truth in social science and truth in law and identifies a range of scholar‐advocacy strategies that bias research evidence, illustrated by recent debates about overnight parenting of infants and toddlers. In this second article we show how biased research evidence by scholar advocates results in increased confusion and controversy that diminishes the credibility of all parties and stalemates progress in the field, using a case illustration of intimate partner violence in family court. We also show how adherence to scientific methods prevents the misuse of research and suggest a number of collaborative, integrative measures that can help transcend the adversarial stalemate. In a look to the future we consider some unbiased, standardized ways of assessing the strength and generalizability of research evidence.     

‘There were ethical dilemmas all day long!’: harrowing tales of ethnographic researchers in criminology and criminal justice

While there have been many ethnographies published within the disciplines of criminology and criminal justice, very few studies have examined actual field researchers who have successfully employed this qualitative technique. In this exploratory study, we identified and conducted phone interviews with a sample of eight scholars who have used variations of the ethnographic method to study aspects of life which relate to crime, deviant behavior, and social control. Respondents revealed to us their colorful stories, as well as the risks, rewards, and ethical dilemmas they experienced while attempting to balance the delicate roles of being insiders, outsiders, researchers, and participants. They specifically discussed how they negotiated the personal and professional obstacles of being thrust into criminal worlds (as well as criminal justice worlds) and ultimately managed to thrive while conducting fieldwork in perilous places.     

Transfers from prison to hospital under Sections 47 and 48 of the Mental Health Act between 2011 and 2014

In England and Wales, prisoners with mental disorder of such severity as to warrant inpatient treatment may be transferred to hospital under the Mental Health Act. UK Government guidance recommends that this process should be completed within 14 days; however, evidence suggests that in many cases it can take much longer. This retrospective service evaluation of 64 male prisoners, who were transferred under Section 47 or Section 48, aimed to evaluate transfer durations. The mean time from referral to admission was 76 days. Prisoners with a psychotic disorder were admitted more quickly. Remand prisoners were admitted more quickly than sentenced prisoners. Findings suggest that, in the UK the transfer time of prisoners under Sections 47 and 48 of the Mental Health Act continues to far exceed the 14-day target which raises concern about equivalence of care for prisoners. Our findings support arguments for fundamental amendments to the admissions process.