Linking Law and New Governance: Examining Gaps,Hybrids, and Integration in Water Policy

Since the 1980s there have been significant shifts from traditional environmental enforcement toward networks, cooperation, and more pluralized forms of governance. The most recent iterations of these new approaches are increasingly characterized as New Environmental Governance (NEG). A range of common characteristics that include collaboration, participation, adaptation, and nonbinding guidelines and agreements define NEG approaches. Despite a growing NEG literature, it is unclear whether and how NEG can be effectively implemented in the same policy domain as traditional hard law. This article empirically explores and theorizes the dynamics of NEG's interaction with conventional law. It proposes a spectrum of eight possible interactions between traditional law and NEG approaches, before evaluating three distinct perspectives, namely, gaps, NEG in the shadow of the law, and integration. It studies these relationships by empirically evaluating three case studies from Australia, New Zealand, and the United States that correspond to these interactions. The article explores the strengths and weaknesses of the three relationships. It finds that a significant barrier to achieving productive cohesion between law and NEG is the worldview of regulators, who eschew NEG collaboration as ineffectual or incompatible with hard law. Recommendations are offered on how to better achieve cohesive implementation between law and NEG.     

A Dive into Deep Constitutional Waters: Article 50, the Prerogative and Parliament

This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of rights enjoyed under EU law and the frustration of the purpose of the statutes giving those rights domestic effect. After a brief survey of Article 50, this article argues first of all that the power to trigger Article 50 remains within the prerogative, contesting Robert Craig's argument in this issue that it is now a statutory power. It then suggests a number of arguments as to why the frustration principle may be of only doubtful application in this case, and in doing so it re‐examines one of the key authorities prayed in aid of it ‐ the Fire Brigades Union case.     

Homicidal Ideation and Individuals on the Autism Spectrum

Interest in the relationship between autism and violence has increased in recent years; however, no link has clearly been established between them. Researchers remain curious if autistic people with certain traits (e.g., a history of trauma) are at greater risk of violence than those individuals with autism alone. In this article, we detail two individuals with homicidal ideation (HI) admitted to inpatient psychiatric units who were found to have a diagnosis of autism without language impairment. These cases illustrate the need for mental health providers to consider autism in their differential diagnosis when evaluating an individual with HI. Broadly, we consider how an autistic individual could be susceptible to developing HI and explore treatments specific to autistic individuals that may be helpful in such cases.     

Rational choice attitudinalism?

This essay reviews Epstein, Landes, and Posner’s The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. Their book systematically asks how the role of ideology varies across the tiers of the federal judicial hierarchy. A major finding is that the impact of ideology increases from the bottom to the top of the judicial hierarchy. Their typical methodology formulates an ex ante measure of judicial ideology such as the political party of the appointing president, and demonstrates that this measure correlates with later judicial behavior, often voting on case dispositions. Along the way, they investigate a multitude of topics, including some quite under‐explored ones. We argue that ELP’s theory is only weakly connected to their empirical practice, for the latter focuses on the role of ideology in judging while the former says almost nothing about that relationship. In fact, though, their empirical practice does embed a theory of law and ideology, but one quite different from that suggested by the book’s rhetoric. In the penultimate section of the essay, we explore this disconnection between ELP’s theory, practice, and interpretation. Its origin (we argue) lies in an extremely thin conceptualization of law. We conclude with the issue posed in ELP’s final chapter, “The Way Forward,” but suggest a rather different path.     

Drug markets in the community: a London borough case study

This paper explores the characteristics of local drugs markets through the examination of a single London borough case study. The picture that emerges in a borough not known for having a ‘drugs problem’ is of an entrenched, thriving and widespread drugs economy. Crucially, it is embedded within the local communities. Most worryingly, crack cocaine is being dealt in 15 out of 16 wards, with the front-line dealing predominantly carried out by youths as young as 15. Indeed, there are signs that the market has reached saturation point, while law enforcement merely scratches the surface. These findings reinforce the view that studies of organised crime must be sensitive to the local impacts of global markets, and that public policy debates about the responses to illegal drugs markets must be renewed and refreshed.     

Rosemary west: Motives and meanings

Abstract

This article originally appeared in Trouble and Strife (Winter 1996/97, pp 44-52) and is reproduced, by kind permission of the original publishers, as Deborah Cameron's thought-provoking analysis of the Rosemary West case is felt to deserve a wider audience.

In the article, Deborah Cameron reports that feminists were mostly silent about the Rosemary West case in spite of having an analysis of sex crime, because female perpetrators of sexual murder seemingly did not fit that analysis. She argues, however, that female sexual murderers can be understood within a feminist framework. Identifying Rosemary West as one of only a handful of female sexual murderers, Cameron theorises that Rosemary and Fred West, like other sexual murderers, were constructing a form of identity based on sexual transgression and existential transcendence, perhaps as a strategy for dealing with their own history of abuse. What Cameron also provides us with is an explanation for why sexual murderers are overwhelmingly male, an analysis based on an understanding of the context of patriarchy.