An experimental comparison of adversarial versus inquisitorial procedural regimes

This article reports the results of a multiyear series of economicexperiments comparing the two dominant types of legal proceduresused in adjudication: (1) the 'adversarial' model of party-controlledprocedure versus (2) the 'inquisitorial' model of judge-controlledprocedure. The principal finding is that the relative fact-findingefficiency of the two systems, in terms of both the 'revelation'of hidden facts and the 'accuracy' of decision, depends significantlyupon the information structure. Under a 'private' informationstructure, inquisitorial procedure is relatively more efficient,whereas under a 'correlated' information structure, adversarialprocedure is relatively more efficient.     

The Personality Assessment Inventory (PAI): Treatment Scales and Interpersonal Characteristics in a Sample of Men Charged with or Convicted of a Sexual Offense*

An individual's interpersonal features are pertinent to treatment within clinical populations. The Personality Assessment Inventory (PAI) contains two scales that assess the interpersonal features of warmth (WRM) and dominance (DOM), as well as two additional measures to assess to treatment prediction, process, and rejection (RXR; TPI). The current study examined associations between these PAI scales in a sample of 92 men who underwent comprehensive evaluations of sexual behavior after being charged with or convicted of a sexual offense. Analyses indicated that RXR was positively associated with WRM and DOM, TPI was negatively associated with WRM, and the two interpersonal scales of WRM and DOM were positively correlated with each other. A significant inverse relationship was found between the two treatment scales RXR and TPI indicating that motivation for treatment may have a limited relationship with the treatment process. WRM significantly predicted scores on the TPI, and both WRM and DOM predicted individual scores on RXR. Higher scores on positive impression management (PIM) were predictive of lower TPI and higher RXR, as individuals with higher stakes cases may score higher on PIM and underreport obstacles within treatment or be unwilling to accept the need for treatment. Overall, findings suggest that interpersonal characteristics identified by the PAI scales may be advantageous in approaching treatment within this population.     

A genealogy of EU discourses and practices of deliberative governance: Beyond states and markets?

The article offers a genealogy of ‘deliberative governance’ in the EU—an important contemporary discourse and practice of ‘throughput legitimacy’ within that setting. It focuses on three key episodes: the late 1990s ‘Governance’ reports of the European Commission's in‐house think‐tank, the Forward Studies Unit (FSU); the Commission's 2001 White Paper on Governance; and the EU's ‘Open Method of Coordination’, which emerged in the 1990s and was widely studied in the early and mid‐2000s. The genealogy serves to highlight the particular intellectual lineages and political contingencies associated with such a discourse and in so doing points to its exclusive potential in both theory and practice. In particular, the article argues that it excludes, on the one hand, those championing the enduring sociological and normative importance of the nation state and an associated representative majoritarianism and, on the other hand, those (excessively) critical of a functionalist, neoliberal, market‐making status quo.     

Earning through learning in legislatures

This inquiry applies Gary Becker’s theoretical notions of general and specific training to the experiential learning that occurs within political institutions, in particular the U.S. Congress. In the process, we isolate economic facets of these legislative experiences that influence the rental-value of human capital derived from congressional training. We identify four factors that structure legislators’ post-elective wages: pre-congressional salary, year of entry, tenure, and variables closely related to general training in Congress—specifically, assignment to powerful legislative committees, acquisition of broad skill packages, investment in expanding skill-set proficiencies, and to a lesser extent, life-cycle driven declines in such investments.     

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.     

Networked Governance or Just Networks? Local Governance of the Knowledge Economy in Limerick (Ireland) and Karlskrona (Sweden)

The emergence of networked governance of knowledge activities is portrayed as one component of a more general shift from government to governance. This article suggests that a distinction can be drawn between networks and networked governance and provides some insights into the indicators that might help distinguish networked governance from networks. The distinction is applied empirically to emerging forms of local networks in ICT in Limerick and Karlskrona. Differences between the two regions can be conceptualised with reference to the governance role of local networks in steering, setting directions and influencing behaviour. The article identifies the characteristics of network arrangements that appear to be necessary for governance objectives to be satisfied; these are density, breadth and association with values such as trust, mutuality and shared identity. The article shows that there is a need to approach generalised theories of emerging models of governance with sensitivity to cross-regional variations around these characteristics. Claims regarding the emergence of new forms of governance in local spaces may be exaggerated if all types of network arrangements are taken as evidence of a transformation from government to governance.