Complicating the “holy grail”, simplifying the search: a critique of the conventional problematisation of social immobility in elite legal education and the profession

This article challenges the conventional problematisation of and response to insufficient socio-economic diversity in elite legal education and the legal profession. I contend that the entrenched socio-economic stratification of admissions, the undergraduate experience, final degree classification, and career trajectories turns on elite institutions’ failure to recognise that education and educational proxies neither explain the core of socio-economic inequality nor are they the linchpin for improving social mobility. I draw on a case study of an elite UK university’s undergraduate Law programme. My argument proceeds in three parts. Firstly, I contend that justifiable commitment to “meritocracy” continues to be unjustifiably implemented via the indeterminate critical values of “potential” and “talent”, which undermines the meritocratic aim. Secondly, I explain how the inadequacy of the educational proxies employed for socio-economic disadvantage undermines the ability of targeted responses to achieve real improvements, and I call for the adoption of poverty-based proxies. Thirdly, I suggest that the search for mechanisms to increase diversity proceeds on the mistaken assumption that complex problems require complex solutions, which overlooks the transformative potential of “micro-adjustments” or “nudges”. I propose both universal and targeted micro-adjustments, which focus on fostering a universal diversity of excellence; bringing disadvantaged students within the “community of practice” to become expert in critical learning methods and assessment criteria; and enhancing disadvantaged students’ social and cultural capital.     

Gifted adolescents: An analysis of their psychosocial development

A model for viewing adolescent psychosocial development is outlined. The model assumes that basic changes in adolescents' biological, cognitive, and social capacities reciprocally interact with the social settings of the family, peer group, and school/work to influence transformations in six areas of psychosocial development (attachment, friendship, sexuality, achievement, autonomy, and identity). The model is then used as a framework for reviewing literature regarding gifted adolescents' psychosocial adjustment. On the whole, the literature provides a positive view of the psychosocial adjustment of gifted adolescents. While adjustment problems seem to exist in certain areas (e.g., friendship), unequivocal conclusions cannot be drawn because of methodological limitations and the narrow scope of existing research.     

The Presumption of Innocence and its Role in the Criminal Process

Many international instruments proclaim that those who face criminal prosecution ought to be afforded a ‘presumption of innocence’, and the importance and central role of this presumption is recognized by legal systems throughout the world. There is, however, little agreement about its meaning and extent of application. This article considers the purposes of legal presumptions in general and explores various, sometimes contradictory, conceptions of this most famous one. It is equated by many scholars to the requirement that the prosecution prove guilt beyond a reasonable doubt. As such, it is merely a rule of evidence (albeit an important one), with no application pre- or post-trial. The article advocates adoption of a broader, normative approach, namely that the presumption reflects the relationship which ought to exist between citizen and State when a citizen is suspected of breaching the criminal law. As such, it should be promoted as a practical attitude to be adopted by the key protagonists in the justice system, for the duration of the criminal process.