Postmodern Professions? The Fragmentation of Legal Education and the Legal Profession

This article considers the institutional dimensions of professionalism and the legal profession's struggle with the challenges of post-modernity. An aspect of this is the Law Society's Training Framework Review (TFR) which promises changes to solicitors' education from 'cradle to grave'. The first part of the article analyses the structure and drivers of the TFR, their origins, and how they will be articulated. Secondly, the TFR is considered in the context of the political economy of higher education and its role in the new capitalism. Finally, we examine the potential effects of the TFR for the legal profession in the context of increasing practice segmentation and the threat of deprofessionalization, and also for the Law Society itself, whether it can retain a key role in the life course of the legal profession.     

News media influences on public views of sentencing

Opinion polls in Canada, the United States, Great Britain, Australia, and elsewhere suggest that most members of the public would like their criminal courts to be harsher. Does media coverage of criminal sentencing contribute to a preference for harsher sentencing? Most people derive their information about sentencing from the news media and content analyses of news stories in Canada and the United States demonstrate that crimes of violence and sentences of imprisonment are overrepresented. Moreover, the news media provide little systematic information about the sentencing process or its underlying principles. This article reports the results of three studies examining the effects of media coverage on public opinion about sentencing. Subjects who read actual newspaper stories about sentencing that appeared in Canadian newspapers rated most reported sentences as too lenient. However, the specific account they read influenced their leniency judgments. Furthermore, in one experiment, participants assigned to read a newspaper account of a sentencing decision supported harsher sentences than participants who read a summary of actual court documents from the sentencing hearing.     

The possible influence of micro-organisms and putrefaction in the production of GHB in post-mortem biological fluid

In recent years, the post-mortem production of the drug of abuse gamma-hydroxybutyric acid (GHB) in biological fluids (e.g. blood and urine) has caused various interpretative problems for toxicologists. Previously, other researchers have shown certain microbial species (Pseudomonas spp. and Clostridium aminobutyricum) possess the necessary enzymes to convert GABA to GHB. A preliminary investigation involving putrefied post-mortem blood indicated there was no observed relationship between "endogenous" GHB concentrations and concentrations of common putrefactive markers (tryptamine and phenyl-2-ethylamine). Microbiological analysis identified the presence of various micro-organisms: Clostridia spp., Escherichia coli, Proteus vulgaris, Enterococcus faecalis and Aeromonoas spp. Equine plasma, human blood and urine samples were inoculated with these and an additional micro-organism (Pseudomonas aeruginosa) and incubated at 22 degrees C for 1 month. Following comparison with control samples and pre-inoculation concentrations, the data indicated an apparent production of GHB in unpreserved P. aeruginosa inoculated blood (2.3 mg/l). All other fluoride-preserved and unpreserved samples (including controls) had GHB concentrations <1mg/l. Although this concentration is lower than is typically associated with "endogenous" post-mortem GHB concentrations, this paper proposes a potential microbial production of GHB with time.     

Can child care assistance in welfare and employment programs support the employment of low‐income families?

Policymakers have long recognized child care as a key ingredient in low‐income parents' employability. We examine the effects of expansions in child care policies that were bundled with a mix of employment‐related policies and implemented as part of several random assignment studies on families' child care access and cost. Almost all of these welfare and employment programs increased employment and led to concomitant increases in the use of child care, especially paid child care. Only the programs that also expanded access or affordability of child care consistently increased the use of child care subsidies and reduced out‐of‐pocket costs to parents, allowing parents to purchase center‐based care. With one exception, such programs had small effects on employment‐related child care problems, suggesting that broader and more generous targeting of child care assistance may be important for achieving the goal of enhancing the stability of employment among low‐income families. © 2004 by the Association for Public Policy Analysis and Management.     

Temporal Limits on the Legislative Mandate: Entrenchment and Retroactivity

According to the general wisdom, legislatures lack both the power to "entrench" their enactments against alteration by their successors and the power to "retroactively" undo the efforts of their predecessors. The author argues that, rather than being in conflict, these principles share a common theme. Legislatures operate as agents of the people under constitutionally defined mandates that are limited in time as well as scope. Actions that transcend—either forward or backward in time—the temporal delegation of authority conferred by periodic elections do not bind the electorate. In the first half of the article the author suggests that an understanding of the rationale behind the entrenchment prohibition can help shed light on a diverse group of issues including congressional power to prescribe internal rules of operation, constitutional amendment procedures, and legislative impairment of contracts. In the second half of the article the author takes issue with the traditional objection to retroactivity grounded on vested rights and unfulfilled expectations. In its place he proposes a theory of retroactivity embodied in republican principles concerning the temporal relationship between the people and their legislative agents.     

Taking a New Perspective: Mapping the Al Qaeda Network Through the Eyes of the UN Security Council

Network analysis has attracted significant attention when researching the phenomenon of transnational terrorism, particularly Al Qaeda. While many scholars have made valuable contributions to mapping Al Qaeda, several problems remain due to a lack of data and the omission of data provided by international organizations such as the UN. Thus, this article applies a social network analysis and subsequent mappings of the data gleaned from the Security Council's consolidated sanctions list, and asks what they can demonstrate about the structure and organizational characteristics of Al Qaeda. The study maps the Al Qaeda network on a large scale using a newly compiled data set. The analysis reveals that the Al Qaeda network consists of several hundred individual and group nodes connecting almost all over the globe. Several major nodes are crucial for the network structure, while simultaneously many other nodes only weakly and foremost regionally connect to the network. The article concludes that the findings tie in well to the latest research pointing to local and simultaneously global elements of Al Qaeda, and that the new data is a valuable source for further analyses, potentially in combination with other data.