Caught in quicksand? Compliance and legitimacy challenges in using regulatory sandboxes to manage emerging technologies

Regulatory sandboxes have become the latest development in regulatory reform, starting first in financial regulation and now expanding to other sectors. While sandboxes offer notable potential benefits for managing emerging technologies, achieving desirable policy outcomes with this novel regulatory instrument also comes with technical and political challenges. This article offers a framework to characterize regulatory sandboxes in any sector, involving a blend of (1) approval regulation with broad-based standards, (2) restricted discretion by the regulator for specific norms, (3) process-oriented regulation, (4) an outcomes-orientation, and (5) structured regulator–regulatee information sharing or dialogue. Using this model, the article outlines issues in compliance and legitimacy, including in trust and accountability, responsive enforcement, the politics of participation, and post-sandbox oversight. The article concludes by calling for greater scrutiny when considering implementing a sandbox instrument, with attention to sector-specific concerns, and offering directions for empirical evaluation of regulatory sandboxes.     

Revisiting Kantian Retributivism to Construct a Justification of Punishment

The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of the concept of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed issue of justifying legal punishment.

Public vs. elite opinion on correctional reform: Implications for social policy

Demands for changes and reform in our correctional system have a long history. Currently many of those active in determining policy are advocating a shift away from the use of imprisonment to greater local supervision. However, many of these “elites” perceive the public as unreceptive and thereby an obstacle to change. This study focuses on an analysis of public opinion in the state of Washington and a comparison of those attitudes with the attitudes of elites (decision makers) in the state. Further, the study describes elite perceptions of public opinion and the implications of those perceptions for social policy. The public is found to be far less punitively oriented than elites expected and far more receptive to the reforms advocated.     

Keeping Cyprus off the agenda: British and American relations at the United Nations, 1954-58

From 1954 to 1958, the Greek government sought to raise the issue of self-determination for Cyprus at the United Nations as a means of pressing for the union of the island with the Greek state - enosis. The British government's objective was to ensure if possible that Cyprus was not debated using the legal argument that it was a domestic issue in which the UN had no rights. The British accepted, however, that other political and strategic arguments would be needed to defeat the Greeks and looked to the US government to support them in the UN forums. This article examines the positions of the British and Americans governments and shows the difficulties which the issue created for both in the UN in the period.     

Post-conviction DNA testing: the UK's first 'exoneration' case?

The routine incorporation of forensic DNA profiling into the criminal justice systems of the United Kingdom has been widely promoted as a device for improving the quality of investigative and prosecutorial processes. From its first uses in the 1980s, in cases of serious crime, to the now daily collection, analysis and comparison of genetic samples in the National DNA Database, DNA profiling has become a standard instrument of policing and a powerful evidential resource for prosecutors. However, the use of post-conviction DNA testing has, until recently, been uncommon in the United Kingdom. This paper explores the first case, in England, of the contribution of DNA profiling to a successful appeal against conviction by an imprisoned offender. Analysis of the details of this case is used to emphasise the ways in which novel forms of scientific evidence remain subject to traditional and heterogeneous tests of relevance and credibility.     

Foreign problems and domestic laws

The complexities presented by the conflicts of law were longavoided in the UK, unlike in other European countries. The Englishjudges, pragmatic as ever, used a legal fiction to ensure thatno action ever had a foreign element. If an action arose betweenan English and French merchant in Paris, then the imaginativecourt would determine that the events took place in ‘Paris,at London in the parish