Standard Form Contracts as Transnational Law: Evidence from the Derivatives Markets

This paper uses new research into the derivatives markets to develop our understanding of standard form contracts as transnational law and to show how transnational law theory may be usefully informed by empirical work. Traditionally, it has been assumed that international business communities seek to avoid the courts. However, the paper shows that the national courts play a prominent role in adjudicating disputes involving derivatives. Basing the discussion on the detail of these decisions by the English courts, the paper demonstrates that adjudication does not necessarily undermine widely used standard form contracts, and that it may even reinforce practices that underpin them. This is particularly the case where there is imperfect co‐incidence between a trade association's members and a standard form contract's users. Having explored recent cases, the paper reconciles its findings with a more open and imaginative account of the role of national courts within transnational law theory.     

Gender Inequity Associated with Increased Child Physical Abuse and Neglect: a Cross-Country Analysis of Population-Based Surveys and Country-Level Statistics

Gender inequity is proposed as a societal-level risk factor for child maltreatment. However, most cross-national research examining this association is limited to developing countries and has used limited measures of gender inequity and child homicides as a proxy for child maltreatment. To examine the relationship between gender inequity and child maltreatment, we used caregivers’ reported use of severe physical punishment (proxy for physical abuse) and children under 5 left alone or under the care of another child younger than 10 years of age (supervisory neglect) and three indices of gender inequity (the Social and Institutional Gender Index, the Gender Inequality Index, and the Gender Gap Index) from 57 countries, over half of which were developing countries. We found all three gender inequity indices to be significantly associated with physical abuse and two of the three to be significantly associated with neglect, after controlling for country-level development. Based on these findings, efforts to prevent child abuse and neglect might benefit from reducing gender inequity.     

Fifty Years After the 1967 Crime Commission Report

In the 50 years since the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson issued its report, feminist activism and both feminist and mainstream research have resulted in defining domestic violence (DV) as a social problem. This awareness of the seriousness and expansiveness of DV has spurred the development of unprecedented programs and policies. Although DV policing changes have been significant, so too have been the development of and changes in safehouses, no‐drop court policies, domestic violence courts, community‐coordinated responses, and batterer intervention programs. In this article, we review the nonpolice responses to DV cases and outcomes and provide recommendations. First, research and policies need to more regularly be aimed at addressing victims’ safety and their diverse needs and experiences. Second, assessments should include addressing the processing of these cases through the impact of responses by individual community and criminal legal system actors (e.g., victim advocates, police, prosecutors, and judges) to victims and offenders.     

Munchausen by Proxy: A Qualitative Investigation into Online Perceptions of Medical Child Abuse

In Munchausen by proxy (MBP) maltreatment, increasingly termed “medical child abuse” (MCA), a caregiver fabricates or induces illness in another. The perpetrator's goal for the behavior is to meet personal emotional needs by forcing unnecessary or misguided medical or psychological treatment. Generally, a mother is the perpetrator and her child is the victim. There is a serious lack of research into most aspects of MCA, and this study is the first to utilize the anonymity of an Internet forum to investigate victims' first‐hand experiences of, and the public's opinions about, suspected and confirmed MCA. Three‐hundred and fifty‐six posts by 348 members were explored and coded using formal qualitative content analysis. By accessing an open‐thought online forum, this paper acquired information regarding social perceptions about the nonperpetrating partners who are unaware of the maltreatment; the disturbing and counterintuitive phenomenon of MCA itself; and the resistance often faced by those who attempt to report it.     

Age Differences in Lineup Identification Accuracy: People Are Better with Their Own Age

Previous research has reported that young adults are better at eyewitness face recognition than are older adults. However, these studies have used young adults as culprits and fillers. We explore how the relative ages of the witness and the culprit influence eyewitness accuracy in 2 experiments. In the first experiment, young (18–25 years old) and older (35–55 years old) adults each saw 4 crime videos. In 2 the culprit was a young adult and in 2 the culprit was an older adult. Participants were more accurate at identifying the culprit when viewing culprit present lineups comprising people of their own age: an own age bias analogous to the own race bias. In the 2nd experiment, using a similar procedure, young (18–33 years old) and older (40–55 years old) adults viewed both culprit present and culprit absent lineups. The results of the first experiment were replicated for the culprit present lineups. However, no own age bias was found for the culprit absent lineups. Implications for police procedures dealing with cross-generation identifications are discussed.     

Trends in Substance Use by Gender Among Participants in a Jail-Based Substance Use Disorder Treatment Program: 1998–2016

Understanding trends in substance use by gender among jail-based treatment program participants can inform policies and programs tailored to this population. Preprogram assessment data from 3509 individuals entering a jail-based substance use disorder treatment program in Missouri between 1998 and 2016 were analyzed. Primary outcome was program participants’ strongly preferred substances. Demographic covariates and drug preferences were compared between males and females. Average yearly trends in preferred substances were calculated. While 25.8% of the sample preferred heroin, it was more strongly preferred by women (36.4%) than men (22.0%, p < 0.0001). Alcohol and marijuana were preferred more by males. Overall, preferences for heroin and methamphetamine increased over time while alcohol, marijuana, and other stimulants decreased. Women being more likely to prefer heroin and the increasing preference for heroin over time are consistent with national trends. Offering evidence-based treatment like pharmacotherapy and gender-sensitive approaches can help address the needs of this vulnerable population.     

Does the Millennium Challenge Corporation reinforce capitalist power structures or empower citizens?

In development practice, how does ‘mutual benefit’ accrue, and to whom? China criticises America for perpetuating capitalist power relations and claims it can seek a new geopolitical order based on South–South cooperation. Meanwhile, there has been an extraordinary shift of emphasis towards the private sector as a driver of development, but this shift is attracting increasing criticism. The Millennium Challenge Corporation (MCC) – the only development agency to grow in influence under the Trump administration – is evaluated in the light of these two key themes. Neither China nor the private sector is successful in achieving ‘mutual benefit’ for ordinary citizens – both replicate existing power inequalities. As with the rise of both China and the private sector, the MCC also enmeshes developing countries further into the existing neoliberal capitalist structures. However, the advantages of the agency should not be dismissed outright, as its Ruling Justly and Investing in People indicators can enhance the capacity of citizens to challenge these power structures themselves.     

Managing the Entanglement: Complexity Leadership in Public Sector Systems

Complexity in public sector systems requires leaders to balance the administrative practices necessary to be aligned and efficient in the management of routine challenges and the adaptive practices required to respond to dynamic circumstances. Conventional notions of leadership in the field of public administration do not fully explain the role of leadership in balancing the entanglement of formal, top‐down, administrative functions and informal, emergent, adaptive functions within public sector settings with different levels of complexity. Drawing on and extending existing complexity leadership constructs, this article explores how leadership is enacted over the duration of six urban regeneration projects representing high, medium, and low levels of project complexity. The article suggests that greater attention needs to be paid to the tensions inherent in enabling leadership if actors are to cope with the complex, collaborative, cross‐boundary, adaptive work in which they are increasingly engaged.     

Reassessing the Feminist Theoretical Project in Law

This article seeks to address the current state of theoretical debate within feminist legal studies in the United Kingdom and beyond. It is part map, part critique of dominant theoretical trends – an attempt to identify and explore a range of questions about feminist scholarly engagement in law, including the relationship between academic feminism and political activism, the distinction (if any) between 'feminist' analyses and broader engagements with law and gender, and the normative underpinnings of feminist legal scholarship. The author makes no pretence to neutrality on these issues, questioning the perceived 'drift' between political and academic feminism, and arguing strongly for the recognition and realization of feminism's normative and transformative aspirations. Similarly, she challenges the emergence of an 'anti-essentialist' norm in feminist discourse, and reaffirms the value of 'women-centred' feminist approaches. Finally, this article is also a personal venture, a 'stock-taking' exercise which seeks to interrogate the author's own understanding of what feminist legal work entails.