Casting Aside Clanking Medieval Chains: Prerogative,Statute and Article 50 after the EU Referendum

This article confronts the controversies surrounding Article 50 by analysing the relationship between statute and prerogative in the UK. The piece focuses on domestic constitutional issues and suggests a new way of classifying the relationship between statute and prerogative into two types falling under ‘the abeyance principle’ or ‘the frustration principle’. The abeyance principle means that where statute and prerogative overlap, the prerogative goes into abeyance. The frustration principle means that where statute and prerogative give rise to potential inconsistencies, but do not overlap, the prerogative cannot be used inconsistently with the intention of parliament as expressed in the relevant legislation. It then argues that Article 50 has the status of primary or ‘primary‐equivalent’ legislation which could justify applying the abeyance principle. This would mean that the trigger power would be exercised on statutory authority rather than through prerogative powers. If the courts are unable thus to construe the relevant legislation it argues EU law requires the courts to bridge the gap. Alternatively, if the abeyance principle is not applicable, it argues the frustration principle could apply but the circumstances in this litigation fall outside it. In the further alternative, EU law could require the frustration principle itself to be set aside in this case.     

An Appraisal of Decomposition Cases Received at the Johannesburg Forensic Pathology Service Medico‐legal Mortuary During 2010–2011

Decomposed bodies pose many questions for researchers regarding environmental effects, cause of death, and patterns. This study aimed to observe the factors associated with decomposed bodies autopsied at the Johannesburg Forensic Pathology Service Medico‐legal Mortuary. A total of 4876 autopsies were conducted from 2010 to 2011, of which 109 were decomposed. Black individuals made up the largest proportion (67%) followed by White (26%). Males comprised 86.2%, while 12.8% were female. The mean age was 42.78 years. Most cases were in the early stages of decomposition (49.5%), with 32.1% bloated, 11.9% in active decay, 2.8% in advanced decay, and 3.7% were skeletal. Insect activity was identified in 25.7% of decomposition cases. Cause of death was determined in 48.6% of cases. Of all the cases, 64% were found indoors and 23% outdoors, while 23% had insufficient information regarding the location. Of considerable interest was the number of cases from hospitals and clinics.     

A comparative modeling of tax reform before and after the legislative process

This research modeled the extent to which the normative goals of equity and efficiency are embodied in three seminal tax reform proposals (Bradley-Gephardt, Kemp-Kasten, and the Treasury Department proposals) relative to the extant regime. The Tax Reform Act of 1986 (TRA86) is also modeled in the same manner. The objective of this study is to compare the equity and efficiency of the initial proposals with that of the final tax reform law. This before and after analysis is designed to ascertain the degree to which the legislative process undermined the normative goals of the tax reform movement. The National Tax Model was applied to model each regime and to measure the distributional and redistributional effects on tax burdens and wage efficiency costs associated with each system across ten income classes. The reform models, including TRA86, are shown as superior to the pre-reform system with respect to the normative criteria. The legislative process did not substantially compromise the goals as reflected in the seminal reform proposals in the development of a more politically acceptable tax reform law. This exercise demonstrates that it is possible for sound legislation to survive a political process that frequently permits the sacrificing of normative goals in favor of special interests.Financial support provided by the Arthur Young Foundation Tax Research Grant Program and The Ralph E. Kent Fund. The helpful suggestions of Jim Curtis were sincerely appreciated.     

Diagnostic problems associated with cadaveric trauma from animal activity

Analysis of a series of deaths between 1986 and 2001 resulting from natural disease, accidents, suicides, and homicide, where postmortem animal activity had traumatized bodies, was undertaken at the Forensic Science Center in Adelaide to demonstrate the range of lesions that may occur and problems in interpretation that result. Tissue damage had been caused by a variety of animals, including fly larvae, ants, birds, dogs, rodents, sea lice, and sharks. Postmortem animal activity had disguised injuries, modified wounds, and created the appearances of inflicted injury. Problems with identification occurred after postmortem facial trauma, and loss of organ parenchyma had interfered with, or precluded, the precise determination of the manner of death in some cases. Specific kinds of tissue and organ damage may occur after death, necessitating careful assessment of lesions in a search for characteristic features of animal activity. The pattern of lesions may enable identification of the particular species of animal involved.     

Murder-suicide in New Hampshire, 1995-2000

Combined murder-suicide is defined as homicide(s) followed by the perpetrator's suicide within 1 week of the homicide(s). This phenomenon is observed worldwide with generally similar incidence rates. The authors report data from New Hampshire, a population distinguished from those in previous United States studies by its location, racial homogeneity, nonurban character, and low homicide rate. Sixteen murder-suicide events occurred in New Hampshire between October 1995 and October 2000. This represents an incidence of 0.26 per 100000 person-years, a rate similar to previously reported values. Murder-suicide events accounted for 14.7% of all homicides in the state, higher than previous studies but not unexpected in view of the state's lower homicide rate. Most perpetrators were male (94%), and most victims were female (88%), often in a spousal or consortial relationship. Firearms accounted for the majority of deaths. Various cofactors are examined, and a comparison of two recently proposed classification systems is discussed.     

The Impact of Timing of Exposure to Violence on Violent Behavior in a High Poverty Sample of Inner City African American Youth

A growing body of research has linked exposure to violence to violent behavior, but few studies have examined the impact of the timing of exposure to violence on violent behavior among inner city, minority youth. Theoretical insights derived from developmental psychology and psychopathology (DPP) and Agnew’s general strain theory (GST) give contrasting accounts of whether exposure to violence has a short term or long term impact on violent behavior. Five waves of data collected from African American youth living in twelve high poverty inner city neighborhoods was used to examine how the timing of exposure to violence over a four year time period impacts year five violent behavior. Multivariate results support GST’s contention that more proximal exposure to violence has a larger impact on violent behavior. The theoretical and practical implications of the findings for adolescent development in high poverty settings are discussed.

Explaining Taiwan's Revisionist Diplomacy

Taiwan is a revisionist power. Its independence movement challenges a vital status-quo interest of mainland China's opposition to a de jure Taiwan declaration of independence and maintaining, however ambiguously, Taiwan's commitment to the ‘one-China’ formulation. Why is it that a small and vulnerable island off the coast of a great power has continued to challenge the vital interest of that great power and risk war? Adopting a ‘levels of analysis’ approach to Taiwan's mainland policy, this paper addresses this question by examining four prevalent explanations for Taiwan's revisionist diplomacy: (1) the mainland deterrent is ineffective, reflecting Taiwan doubts about either mainland capabilities or mainland resolve to wage a retaliatory war; (2) in an example of the security dilemma in alliance politics, US commitment to Taiwan, although aimed at deterring PRC use of force, encourages Taiwan to challenge the status quo because the Taiwan leadership is confident of US intervention and US ability to defend Taiwan; (3) because of the development of a ‘Taiwan identity’ and of corresponding domestic political pressures, the Democratic Progressive Party has been compelled to adopt a pro-independence policy; (4) Chen Shui-bian has a personal commitment to Taiwan independence and has been willing to challenge the mainland's interest in one-China, despite risk of heightened conflict and regardless of domestic political considerations.     

What Do We Know and Need to Know about the Environmental Outcomes of Collaborative Management?

Many tout the benefits of collaborative environmental management as an alternative to centralized planning and command and control regulation, but the excitement over collaborative processes has not been matched by evidence that these processes actually improve the environment. The most crucial question in collaborative environmental management remains unanswered and often unasked: To what extent does collaboration lead to improved environmental outcomes? We know much about why collaboration is occurring and how collaborative processes and outputs vary. The primary goal of future research on collaborative environmental management should be to demonstrate whether collaboration improves environmental conditions more than traditional processes and newer market-based processes. Collaboration is not a panacea; it is a choice that policy makers and public managers should make based on evidence about expected outcomes.     

The evolving profile,qualifications and roles of the senior public affairs officer

Leading a public affairs department or function in North America has become increasingly complex, difficult, and valued in the last decade. The knowledge, skills and abilities (KSAs) to perform this role effectively have undergone a transformation and become reflective of the socio‐political challenges entailed in the fast‐moving, global, information‐intensive economy. The top public affairs officer (PAO) will need to be a strategic thinker who can communicate effectively, have unquestioned integrity, maintain an international perspective, be an effective manager, and have the experience and savvy to navigate the trickiest of public policy processes and structures. These positions can be greatly rewarding for those individuals who are up to the task. Copyright © 2002 Henry Stewart Publications.     

Potency trends of delta9-THC and other cannabinoids in confiscated marijuana from 1980-1997

The analysis of 35,312 cannabis preparations confiscated in the USA over a period of 18 years for delta-9-tetrahydrocannabinol (delta9-THC) and other major cannabinoids is reported. Samples were identified as cannabis, hashish, or hash oil. Cannabis samples were further subdivided into marijuana (loose material, kilobricks and buds), sinsemilla, Thai sticks and ditchweed. The data showed that more than 82% of all confiscated samples were in the marijuana category for every year except 1980 (61%) and 1981 (75%). The potency (concentration of delta9-THC) of marijuana samples rose from less than 1.5% in 1980 to approximately 3.3% in 1983 and 1984, then fluctuated around 3% till 1992. Since 1992, the potency of confiscated marijuana samples has continuously risen, going from 3.1% in 1992 to 4.2% in 1997. The average concentration of delta9-THC in all cannabis samples showed a gradual rise from 3% in 1991 to 4.47% in 1997. Hashish and hash oil, on the other hand, showed no specific potency trends. Other major cannabinoids [cannabidiol (CBD), cannabinol (CBN), and cannabichromene (CBC)] showed no significant change in their concentration over the years.