Conceptualizing throughput legitimacy: Procedural mechanisms of accountability,transparency, inclusiveness and openness in EU governance

This symposium demonstrates the potential for throughput legitimacy as a concept for shedding empirical light on the strengths and weaknesses of multi‐level governance, as well as challenging the concept theoretically. This article introduces the symposium by conceptualizing throughput legitimacy as an ‘umbrella concept’, encompassing a constellation of normative criteria not necessarily empirically interrelated. It argues that in order to interrogate multi‐level governance processes in all their complexity, it makes sense for us to develop normative standards that are not naïve about the empirical realities of how power is exercised within multi‐level governance, or how it may interact with legitimacy. We argue that while throughput legitimacy has its normative limits, it can be substantively useful for these purposes. While being no replacement for input and output legitimacy, throughput legitimacy offers distinctive normative criteria—accountability, transparency, inclusiveness and openness—and points towards substantive institutional reforms.     

exorcizing the past: the slave narrative as historical fantasy

Octavia Butler's 1979 novel Kindred is a hybrid text: part historical novel, part science fiction/fantasy and part slave narrative. The story transports a contemporary black heroine into 19th-century Maryland in order to explore, recreate and connect with African American narratives of identity. Providing two narrative strands, one in 19th-century Maryland and the other in 20th-century California, the text is able to juxtapose the realities of slavery with its legacy. Conflating these time-periods, Kindred aims to interrogate the marginalization of African American history, but specifically the role black women played in that history, in America's bicentennial year. While Butler adapts what has been regarded as the quintessential African American literary mode of the slave narrative, her fiction consciously draws upon a literary heritage that foregrounds narratives written by black women. Consequently, Kindred highlights the issues and concerns that directly affect the construction of black femininity and its role in the community of slaves as well as examining the historical pressure brought to bear on the configuration of contemporary African American womanhood. In doing so, Butler's fiction articulates the right of black women to intervene in their own construction and to inscribe the existence of black women in stories of originary identity. What this article seeks to explore is how Butler's fiction develops and extends the traditional slave narrative, how this is utilized in order to interrogate the ‘realities’ of both slavery and contemporary US society, and how effective the text is in challenging stereotypical representation of white and black femininity.     

Shotgun wounds: a review of range and location as pertaining to manner of death

Shotguns are used in a considerable number of homicides and suicides, and while gunshot wounds are extensively reported in the literature, there is a paucity of shotgun deaths. To specifically study deaths by shotguns, all deaths due to shotguns examined at the Bexar County Medical Examiner's Office between 1988 and 2005 were reviewed. The cases were evaluated by age and sex of the victim, wound location, wound range, and manner of death. Three hundred eighty-seven cases were evaluated, composed of 343 males and 44 females, with 180 homicides, 203 suicides, 3 accidents, and 1 undetermined manner of death. Contact wounds were the most common range in suicides and the head was the most common location. For homicides, the most common range of fire was distant, and the most prevalent distributions of wounds were head, chest, and multiple wound locations. Statistical analysis showed significant differences between homicide and suicide wound locations and ranges, and then odds ratios were generated. Knowledge of the statistical distribution of shotgun wounds in a large series with respect to range of fire and wound location may be of assistance to the medical examiner in evaluating the circumstances of an individual case to arrive at a manner-of-death opinion.     

Is routine histopathologic examination beneficial in all medicolegal autopsies?

Postmortem examinations are performed for a number of reasons. Medical autopsies are performed at the request of and with the consent of the next of kin of a decedent and are often requested to determine the extent of a disease process or to evaluate therapy. In contrast, medicolegal autopsies are performed by a forensic pathologist primarily to determine cause and manner of death but also to document trauma, diagnose potentially infectious diseases and report them to the appropriate agencies, provide information to families about potentially inheritable diseases, provide information to family members and investigative agencies, and testify in court. As medicolegal and hospital autopsies differ in their purpose, so do they differ in procedure. Medicolegal autopsies often include histologic analysis, but not always, as with medical autopsies. We designed a prospective study to address the question of whether or not routine histologic examination is useful in medicolegal cases, defining a routine case as one where histology would not normally be performed and where the cause and manner of death were readily apparent during the gross autopsy. We reviewed brain, heart, liver, kidney, and lung sections on 189 routine forensic cases and compared the results to the gross anatomic findings. Of the 189 cases, in only 1 case did microscopic examination affect the cause of death and in no case did microscopic examination affect the manner of death. Thus, we feel that routine microscopic examination (performing histologic examination in all cases regardless of cause and manner of death) in forensic autopsy is unnecessary. Microscopic examination should be used, as needed, in certain circumstances but is not necessary as a matter of routine.     

Court turns a DEF ear to opponent's entreaties

Where the previous owner of a company gives a third party theauthority to register trade marks abroad in its own name, thatauthority remains an effective basis upon which to apply fora Community trade mark even where events subsequent to the givingof the authority would appear to be of contrary effect.     

Inspire Magazine: A Critical Analysis of its Significance and Potential Impact Through the Lens of the Information,Motivation, and Behavioral Skills Model

This article presents an analysis of Al Qaeda in the Arabian Peninsula's English language publication Inspire that was conceptualized and conducted on the basis of the Information-Motivation-Behavioral Skills (IMB) framework. The IMB model has been widely tested, validated, and applied across a range of behavior change interventions, and provides both a conceptual and analytic framework to examine the range and quality of content featured across the 11 issues of Inspire that were published and distributed online starting in July of 2010. Inspire has been implicated in multiple instances of terrorism cases in the U.S. and its impact and potential can be analyzed on the extent to which it effectively targets core attitudes, perceptions of social normative support for violence, and its regular featuring of behavioral skills such as bomb making, weapons training, and emphasizing a creative and do-it-yourself ethos.     

Protecting Homebuyers in Low‐Income Communities: Evaluating the Success of Texas Legislative Reforms in the Informal Homeownership Market

Among low‐income homebuyers, a contract for deed (CFD) has been a widely used but risky and informal mechanism for purchasing a home or lot. This article examines a series of major consumer protections adopted by the Texas Legislature from 1995 to 2005 and whether this legislation shaped the behavior of sellers who historically relied on CFDs in Texas colonias. Tracking changes in the use of CFDs between 1990 and 2010, we show that developers responded to the legislative reforms by shifting away from CFDs and into other forms of seller financing. At the same time, developers have adopted a series of workarounds to the legislation (presumably legal), leaving low‐income buyers vulnerable to rapid repossession by the developer. In contrast, the impact of the legislation on low‐income residents selling their homes has been minimal. These consumer‐to‐consumer transactions remain highly informal, with ongoing reliance on the now illegal, unrecorded CFD.     

PERFORMANCE PAY AS A COORDINATING MECHANISM IN THE AUSTRALIAN PUBLIC SERVICE

Abstract: Public sector management is in a state of flux. Pressures for greater efficiency and a stronger customer service orientation have led to changes to the structures and planning and reward systems of public sector organisations. In the milieu of reform, performance pay for managers has been given prominence in a recent critical report by the Senate Standing Committee on Finance and Public Administration which recommends a return to a more standardised approach to management salaries in the APS. I argue instead that performance pay should be considered as a third-or fourth-order coordinating mechanism and linked to the strategies of individual departments in the APS. A policy for greater decentralisation of the design, implementation and management of performance pay schemes in APS organisations is presented.