Legislating on occupational safety and health: a comparison of the British and American experience

Abstract. In the early 1970s both the United Kingdom and the United States legislated new occupational safety regulations. Enforcement strategies varied considerably: the British chose a persuasive, the Americans a coercive approach. The legislative process was characterized by consensus in the first case, by conflict in the second. Consequentially the UK regulation appears to have been quite effective, while the US one led only to negligible results. This difference can be mainly explained by the different strength of the interest groups involved in the regulation's implementation.     

30 years on - The review of the Council of Europe Data Protection Convention 108

The Council of Europe is engaging in a process of revising its Data Protection Convention (Convention 108) to meet and overcome these challenges. The Council of Europe celebrates this year the 30th Anniversary of its Data Protection Convention (usually referred to as Convention 108) which has served as the backbone of international law in over 40 European countries and has influenced policy and legislation far beyond Europe’s shores. With new data protection challenges arising every day, the Convention is revising its Data Protection Convention. Computer Law and Security Review (CLSR) together with the Intl. Association of IT Lawyers (IAITL) and ILAWS have submitted comments in response to the Expert Committee’s public consultation on this document. CLSR aims to position itself at the forefront of policy discussion drawing upon the high quality scholarly contributions from leading experts around the world.     

Something Old,Something New: Revisiting Competing Hypotheses of the Victimization-Offending Relationship Among Adolescents

This study revisits a familiar question regarding the relationship between victimization and offending. Using longitudinal data on middle- and high-school students, the study examines competing arguments regarding the relationship between victimization and offending embedded within the “dynamic causal” and “population heterogeneity” perspectives. The analysis begins with models that estimate the longitudinal relationship between victimization and offending without accounting for the influence of time-stable individual heterogeneity. Next, the victimization-offending relationship is reconsidered after the effects of time-stable sources of heterogeneity, and time-varying covariates are controlled. While the initial results without controls for population heterogeneity are in line with much prior research and indicate a positive link between victimization and offending, results from models that control for time-stable individual differences suggest something new: a negative, reciprocal relationship between victimization and offending. These latter results are most consistent with the notion that the oft-reported victimization-offending link is driven by a combination of dynamic causal and population heterogeneity factors. Implications of these findings for theory and future research focusing on the victimization-offending nexus are discussed.     

Enhancing Witness Memory with Focused Meditation and Eye-Closure: Assessing the Effects of Misinformation

Despite the decline in popularity of hypnosis as an investigative interviewing technique, this paper builds on previous research showing that some of the techniques employed in traditional hypnotic interviewing may still be useful in the development of simple, brief memory facilitation procedures for use by the police. Three experiments are described that investigate the effects of a short Focused Meditation with eye-closure technique in situations where participants are presented with misleading information. In the first study, which utilized a standard misinformation paradigm, a significant memory facilitation effect was shown with Focused Meditation, though the effect was not significant for eye-closure alone. There were no increases in errors when the Meditation and eye-closure procedures were used alone or in combination. The second experiment showed that a combined Focused Meditation with eye-closure technique reduced misinformation effects associated with fictitious events, and a third showed that the same technique reduced interrogative suggestibility effects as measured by the Gudjonsson Suggestibility Scale, whilst facilitating free recall memory. It is concluded that a Focused Meditation with eye-closure technique may potentially have applications in the field where brief alternatives to the Cognitive Interview are required.     

Values ethics and legal ethics: the QLD and LETR Recommendations 6, 7, 10, and 11

The Legal Education and Training Review (LETR) Report recommended increased attention to ethics and values and to critical thinking. These aims could be achieved jointly through teaching ethical thinking: not as theory but as part of developing the capacity for ethical conduct. Such a pedagogy has the potential to become a qualifying law degree (QLD) signature pedagogy supporting “life-narratives” of students. The LETR Report recommends a review of the QLD emphasising legal values and ethics. Concern with values and ethics is linked to concern with professional conduct. Maintaining the law degree as a general or liberal qualification is also strongly desired. These potentially conflicting drivers generate ambivalence towards legal ethics as a subject for study, especially if legal ethics are perceived as teaching the professional codes.

Resolution of this tension is achievable through recognising the potential role of ethical teaching as part of an identity apprenticeship. Developing ethical character is as much a liberal as a professional aim. Ethics teaching can play an integrative role in the QLD. Formation of student identity is a central part of higher education taking colouration from being situated in legal education. In this context teaching legal ethics becomes the use of a salient example for carrying out the broader project of developing ethical capacity.     

The USPTO economics research agenda

This article outlines the creation of the Chief Economist’s Office at the US Patent and Trademark Office in March, 2010, and the publication of the Office’s first economics research agenda. In describing the elements of the research agenda—the role of intellectual property (IP) in economic growth, performance, and employment; IP and technology standards; the economics of trademarks; the economics of United States Patent and Trademark Office initiatives; and IP and the markets for technology—we both review the state of knowledge and outline ongoing initiatives and future possibilities. The article also suggests opportunities for ongoing public–private research collaboration on these issues, particularly between government and academic researchers.     

Investing in the Market of Violence: Toward a Micro-Theory of Terrorist Financing

Terrorist financing is the dedicated pursuit of adequate capitalization within a market of violence, wherein terrorist organizations seek to extract resources and funding from the social, political, and economic environment in which they operate. At the same time, the effectiveness of a terrorist group in this pursuit is highly dependent on their organizational type and design, its leadership capabilities, and its capacity for organizational learning—factors that shape the ability of terrorist groups to identify and exploit a limited set of investment and rent-seeking opportunities.     

The Tanzanian Villagisation Programme: Its Impract on Household Production in Dodoma

The survival of authoritarian regimes has for a long time been associated with the availability of rents derived from oil and gas. In particular, military oil regimes have been able to withstand the challenge of domestic opposition even at difficult times because these regimes could ultimately count on oil and gas revenues. As this article demonstrates, the Qadhafi regime had been particularly adept at surviving by using oil and gas rents. But there is a limit to what these rents can explain: in 2011 however the regime fell after a brief civil war, in which external forces played a central role. The role played by the European and NATO interventions points to the limits of the oil and gas rents. The changed distribution of international resources amongst domestic Libyan actors contributed to the rebels' victory, indicating that international factors should be better incorporated into studies of both authoritarian survival and democratisation.