The Heathrow Case in the Supreme Court: Climate Change Legislation and Administrative Adjudication

In R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd the UK Supreme Court allowed an appeal against the Court of Appeal's decision that there had been a series of legal errors in the designation of the Airport National Policy Statement. This case note analyses the case from an ‘internal’ doctrinal perspective and argues that the Supreme Court could have engaged more explicitly with the legal issues that arise from climate change legislation for administrative law adjudication. For courts to adjudicate well in such circumstances they need to be prepared to develop administrative law doctrine, particularly in light of the issues of integrating climate change into public decision-making and of scientific/policy uncertainty which lie in the background of climate change legislation.     

Trade Interdependence and the Use of Force: Do Issues Matter?

In this project, we investigate the relationship between the use of military force and trade interdependence, suggesting that the influence of trade on militarized conflict varies based on the issue under dispute. For some issues, trade is likely to attenuate the chances that states escalate a dispute to the use of military force, while for others trade can intensify disputes so that military conflict is more likely. Specifically, we hypothesize that greater trade interdependence decreases the probability of military conflict over realpolitik issues like territory. On the other hand, greater trade interdependence increases the probability that states use military force when the issue under dispute concerns the regime, policies, and conditions in the target. To test our hypotheses, we employ new data on dyadic uses of force from the International Military Intervention data set that records the initiator’s reason(s) for using force against the target. The statistical tests support our hypotheses; trade decreases the use of force against a target for territorial and military/diplomatic reasons, which is consistent with arguments from the liberal paradigm. However, trade interdependence increases the use of force for humanitarian and economic reasons as well as to affect the regime or policy of the target. Thus, our study improves upon current research about the relationship between economic interdependence and foreign policy by specifying a conditional relationship based on the issues under contention.     

A City‐wide Investigation of the Isotopic Distribution and Source of Tap Waters for Forensic Human Geolocation Ground‐truthing

Human geolocation is prefaced on the accuracy of the geographic precision of mapped isotopic values for drinking water. As most people live in cities, it becomes important to understand city water supplies and how the isotopic values uniquely reflect that city. This study investigated the isotopic distribution of δ²H and δ¹⁸O from sourced tap waters that were collected from across the Metro Vancouver (MV) area (n = 135). The results revealed that the isotopic values reflect their water sources with a range of 5.3‰ for δ¹⁸O_tap and 29.3‰ for δ²H_tap for MV. The results indicate that individual cities need higher resolution studies to determine their tap water isotopic ranges, and a good understanding of the water supply network itself for human geolocation work. With an extended high‐resolution understanding of each city, human tissue may be compared with more certainty for geolocation.     

Assessment of Silicone Polymer Composites for Environmental Forensic Applications: A Proof of Concept Study*

Abstract: This study evaluates the use of polydimethylsiloxane polymer composites (PDMS, Fe–PDMS) as a passive sampling media to preconcentrate analytes found in environmental settings. Samplers were made using commercially available silicone products. The composite samplers were assessed for their sorption properties using Atrazine and Irgarol 1051 as model compounds. The initial study assessed the utility of PDMS sheets as adsorption material by following analyte depletion from spiked water samples by solid‐phase microextraction gas chromatography/mass spectrometry (GC/MS). Follow‐up studies conducted at high and low concentrations using lab manufactured iron‐ PDMS rods (Fe–PDMS) showed effective uptake at differential rates from concentrations ranging between 1 μg/L and 10 μg/L. Adsorption mechanism was reversible, and compounds were recovered from the exposed materials and analyzed by liquid–liquid extraction‐GC/MS. Both composites showed better affinity for Irgarol 1051, 100% removal, than for Atrazine, 30% removal, likely representing their K_OW differences, 3.6 and 2.6, respectively. This “proof of concept” study demonstrates the positive implications for the use of silicon polymer composites as a monitoring tool for environmental forensic purposes.     

Use of the MMPI-2 Restructured Clinical (RC) Scales in Detecting Criminal Malingering

The purpose of the present study was to assess the effects of criminal malingering on the MMPI-2 Restructured Clinical (RC) scales. Sixty undergraduate students were given the MMPI-2 twice. One administration was conducted according to the MMPI-2 manual, and the other was given with a special set of malingering instructions specific to a prison setting. The two MMPI-2 profiles for each participant were scored for both the Basic and RC scales. Eight participants were eliminated from the data analysis due to validity (VRIN or TRIN) concerns. Data from the remaining 52 participants were analyzed using a 2 × 2 repeated measures ANOVA. Results showed that, as expected, the participants achieved higher MMPI-2 scores in the malingering condition. Also, participants achieved higher scores overall on the Basic scales and a significant interaction showed that participants achieved higher scores on the Basic Scales in the malingering condition than on the RC scales in that condition. These results supported prior research, indicating that malingerers produce elevated RC profiles. However, the present results also suggest that the Basic scales may be more effective in actually detecting malingerers, mainly due to the much lower ceiling on the RC scaled scores. Further implications of these findings for research and clinical work are also discussed.     

Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK

There has naturally been a good deal of discussion of the forthcoming General Data Protection Regulation. One issue of interest to all data controllers, and of particular concern for researchers, is whether the GDPR expands the scope of personal data through the introduction of the term ‘pseudonymisation’ in Article 4(5). If all data which have been ‘pseudonymised’ in the conventional sense of the word (e.g. key-coded) are to be treated as personal data, this would have serious implications for research. Administrative data research, which is carried out on data routinely collected and held by public authorities, would be particularly affected as the sharing of de-identified data could constitute the unconsented disclosure of identifiable information.Instead, however, we argue that the definition of pseudonymisation in Article 4(5) GDPR will not expand the category of personal data, and that there is no intention that it should do so. The definition of pseudonymisation under the GDPR is not intended to determine whether data are personal data; indeed it is clear that all data falling within this definition are personal data. Rather, it is Recital 26 and its requirement of a ‘means reasonably likely to be used’ which remains the relevant test as to whether data are personal. This leaves open the possibility that data which have been ‘pseudonymised’ in the conventional sense of key-coding can still be rendered anonymous. There may also be circumstances in which data which have undergone pseudonymisation within one organisation could be anonymous for a third party. We explain how, with reference to the data environment factors as set out in the UK Anonymisation Network's Anonymisation Decision-Making Framework.     

Obstruction in parliaments: a cross-national perspective

ABSTRACT

In legislative institutions, disruptions to the agenda and delays in processing legislation can have a significant impact on the ability of legislative majorities to realise success. Few previous studies have systematically examined parliamentary obstruction in non-U.S. settings. In this article, I investigate the extent to which obstruction occurs in parliaments around the world. The evidence, drawn from a 2016 survey of members of the Association of Secretaries General of Parliaments (ASGP) and supplemented with documentary evidence and interviews with parliamentary clerks and members of parliament in several countries demonstrates that obstructive behaviour occurs in a variety of types of national legislatures and across different political systems and institutional settings.     

Using Cost Analysis to Examine Variability in Replications of an Efficacious Child Neglect Prevention Program

This article reports on a program- and case-level cost analysis of five replication sites of an efficacious child neglect prevention program. Approximately one-third of all sites' total labor hours were expended on direct family services and casework support for a specific family, with the remainder spent on indirect implementation support and program administration activities. Including non-personnel costs, the all-site mean total cost per family was $6,276, ranging across sites from $2,245 to $10,260. Costs varied greatly among individual families within sites. More research is needed to understand factors associated with differences in cost.