Introduction: Meritocracy in Perspective. The Rise of the Meritocracy 60 Years On

Sixty years after its publication, Michael Young’s The Rise of the Meritocracy remains one of the most important texts for understanding the changing intellectual politics of postwar Britain. Young’s fictional vision of a meritocratic society explores the consequences of a society where each citizen is judged according to the formula ‘I.Q. + Effort = Merit’. The successful meritocrats hoard ever-greater rewards for themselves, crystallising into a rigid and repressive elite who rule over an increasingly powerless and depressed underclass. While the concept has evolved and adapted, the language of meritocracy is one of the great survivors of postwar British politics. In an age characterised by the rise of populist leaders and movements, as well as a backlash against educated ‘liberal elites’, revisiting, reinterpreting and re-evaluating Young’s influential satire and the central place the concept of meritocracy occupies in the history of postwar Britain has never been more important.     

Jurist in Context: William Twining in Conversation with David Sugarman

This discussion derives from extended conversations between William Twining and David Sugarman in which William talks about his latest book, Jurist in Context: A Memoir (JIC). JIC recounts the development of William's thoughts and writings, addressing topics central to his life and research. The dialogue conveys and extends the arguments on a selection of the topics addressed in the book, engaging with issues of particular interest to readers of this journal. Here, William adds a more personal commentary to his formal publications. The conversation facilitates reflection on issues such as law teaching and legal scholarship; the meaning, use, and limitations of ‘law in context’; and the role and character of jurisprudence. It also offers a fascinating window on the development of, and the struggles surrounding, legal education and academic legal thought over the second half of the twentieth century and the early part of the twenty-first.     

Methods of terrorism financing: criminal procedural obstacles to the prevention of crime in Germany,Liechtenstein, Austria,and Switzerland,by Fabian Teichmann

Crime, Law and Social Change -     

Does gang membership pay? Illegal and legal earnings through emerging adulthood*

Gang membership is believed to impede success in the legitimate economic market while simultaneously supporting success in the illegal market. We extend the study of the economic effects of gang membership by using a within‐ and between‐individual analytic design, decomposing gang membership into multiple statuses (i.e., entering a gang, continuously in a gang, leaving a gang, and inactive gang membership), examining legal and illegal earnings simultaneously, and accounting for factors endogenous to gang membership that may contribute to economic achievement. By using panel data from 1,213 individuals who participated in the Pathways to Desistance Study to conduct a multilevel path analysis, we find that active gang membership status is unrelated to legal earnings. Alternatively, entering a gang is associated with increased illegal earnings, attributable to changes in delinquent peers and drug use, whereas leaving a gang has a direct relationship with decreased illegal earnings. Our results indicate that the positive economic effect of gang membership (i.e., illegal earnings and total earnings) is short‐lived and that, on balance, the sum of the gang membership experience does not “pay” in terms of overall earnings.     

Sampling Increases Music Sales: An Empirical Copyright Study

The Supreme Court instructs that the most important consideration in analyzing fair use is the effect on the market for the original. Employing music sales data, this article presents evidence of digital sampling's effect on the sales of sampled songs. Our results indicate that a reassessment of fair use in the area of music sampling is needed since sales of sampled songs increased after being repurposed within new songs. These results are robust and highly statistically significant. Findings of this nature favor a judicial determination that sampling constitutes a fair use, even when considering the influence that a new work has on extant licensing markets for sample clearance. This article argues that the current sample–licensing market is a product of aberrant antisampling case law arising from a lack of relevant empirical data and nonutilitarian judicial opinions. As set forth herein, the goal of encouraging creative activity without hindering copyright owners’ capacity to financially gain from their work is served by implementing a limited presumption of fair use for sampling. The findings are further applicable outside of the fair use analysis, as the study is important in the private law when viewed through a law and strategy lens. Forward thinking music firms should reframe their approach by encouraging sampling of their works to secure cost‐free advertising and achieve a competitive advantage.     

Activism and Radicalism in Prison: Measurement and Correlates in a Large Sample of Inmates in Texas

There is considerable speculation that prison plays a role in radicalization. Many individuals involved in acts of political extremism have spent time in prison, adding credibility to such claims. Despite these assertions, there is little empirical evidence regarding the prison-radicalization link because access to prisons is challenging and there are few valid scales of extremism. Studies that do examine a potential link have small sample sizes or select on extremist case studies. The current study draws on interviews conducted with 802 male prison inmates in Texas the week before their release to the community. Inmates were administered the Activism and Radicalism Intention Scale, one of the few validated scales in the extremism literature. A series of structural equation models revealed several important findings. First, we found that the psychometric properties of the modified two factor model of activism and radicalism intentions were largely acceptable among prison inmates, including subgroupings of Latino, white, black, and gang and non-gang-involved inmates. Second, our findings revealed that there was more activism than radicalism intentions among prison inmates, although levels of both were comparable to non-institutional populations. Activism and radicalism intentions were positively related, although this correlation was weaker than in prior studies. Activism should not be substituted for radicalism. Third, our exploratory analysis of concurrent validity identified few multivariate correlates. Group identification—namely, racial and religious groups—was related to both scales, but in opposite directions. Age was negatively, while street-to-prison gang importation was positively, related to radicalism intention. We outline the implications of these findings for research, policy, and practice on activism, radicalization, and prison.     

A Public Law View of the New Generation of FTAs

Netherlands International Law Review - This article intends to consider what the new generation of FITs might signify for our understanding of public law. Rather than modelling international public...