Law and Market Economy: The Triadic Linking of Law,Economics, and Semiotics

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

The risks and benefits of searching for incidental findings in MRI research scans.

We weigh the presumed benefits of routinely searching all research scans for incidental findings (IFs) against its substantial risks, including false-positive and false-negative findings, and the possibility of triggering unnecessary, costly evaluations and perhaps harmful treatments. We argue that routinely searching for IFs may not maximize benefits and minimize risks to participants.     

The INSPIRE Framework: How Public Administrators Can Increase Compliance with Written Requests Using Behavioral Techniques

Public administrators rely on written communications to send information to citizens and stakeholders, and they are among the heaviest users of the postal service. Behavioral science research has identified several techniques that public administrators can use to increase compliance with written requests and, in turn, increase effectiveness. Currently, however, many written communications from government bodies are not written in a manner that utilizes these techniques. It remains an ongoing challenge for public administrators to identify, understand, and use these techniques in the written communications sent by their organizations. This article presents a framework capturing seven prominent techniques in a simple mnemonic—INSPIRE—that is already being used by several government bodies in Australia. It also provides practical examples of how to use each technique and demonstrates that using these techniques could result in large aggregate improvements in effectiveness and socially desirable outcomes of public administrators' written communications.     

Virtual law school

This is an account of how legal education may look in 25 years time. It is written in a science fiction style which seems appropriate for a futuristic piece. The account focuses on the central role that information technology will undoubtedly play in the law schools of the future and, in particular, on the crucial part that the Law Courseware Consortium may take in the ‘computerization’ of legal education.     

"NOT A DEPARTMENTAL STATEMENT": A CASE STUDY OF EQUAL OPPORTUNITY IN THE SOUTH AUSTRALIAN DEPARTMENT OF TAFE 1978–84

Abstract: This paper traces the background to the 1979 and 1984 equal opportunity policy statements in the South Australian Department of TAFE. It documents the process of policy development and planning for implementation and, through an examination of the content of each statement, evaluates the intentions of the authors. It concludes that there is little evidence of commitment at political and bureaucratic levels to deal with the issues the policies sought to address. By use of documents produced within the department at the time, the paper traces resistance to external pressures for change and failure to establish a firm and realistic program for policy implementation.     

People with special needs and sexual behaviour problems: balancing community and client interests while ensuring effective risk management

Abstract

Deinstitutionalisation movements of the mid-1900s led to changes in policy and practice in the management of people with special needs (defined for this article as people with severe and persistent mental illness, intellectual disabilities and high levels of personality factors that interfere with treatment participation). Although the majority of clients with special needs receive care in community settings and interact more with family, friends and others in the community, some such clients require more rigorous case management. For clients who have offended, especially sexually, community-based services are scarce, and concerns regarding reoffence potential often supersede traditional understandings of diminished capacity. Recent reports suggest that jails and prisons have replaced hospitals as the institutions-of-choice for clients with special needs who engage in inappropriate conduct. This paper examines policies and practices regarding community risk management of people with special needs who have sexually offended. Vignettes are provided to illustrate how some clients and agencies have been affected, and suggestions are made to ensure best practices in risk management and public safety.     

Vernacular rights cultures and the ‘Right to Have Rights’

We use a case study of the Landless Workers Movement (MST) in Brazil and the Via Campesina network of which they are part to develop the concept of ‘vernacular rights cultures’. Vernacular rights cultures calls attention to the way in which demands for the right to have rights call on particular cultures, histories and political contexts in a manner that can transform the rights inscribed in constitutions and political imaginaries. What Ranciere (1999) and Balibar (2002) call the democratisation of democracy, we therefore argue, does not just involve a logic of equality and inclusion through which dispossessed groups demand already existing rights. Rather, it also occurs as mobilisations alter the means through which rights are delivered and transform the content and meaning of the rights demanded.