Translation of the Language of the Common Law into Legal French: Myth or Reality

Translating (and so construinga specialized source text) means producing afunctional text in a linguaculture target textthat is needed for specific communicativepurposes by processing the information given ina previous text in a different linguaculturesource text. Consequently, the comparison oflegal texts and terms from English to Frenchinevitably involves a theory of equivalence –if ever possible. The aim of this article is toreview the various hindrances or pitfalls inlegal translation and also a possible theory ofhow to avoid misunderstandings between thesource and the target texts.     

Mapping Legal Semiotics

The essay seeks to harness the diverse and innovative work to date of legal semiotics. It seeks to bring together the cumulative research traditions of these related areas as a preclusion to identifying fertile avenues for research.     

Validation of the 4‐aminophenol color test for the differentiation of marijuana‐type and hemp‐type cannabis

The analysis of cannabis plant material submitted to seized‐drug laboratories was significantly affected by the signing of the Agricultural Improvement Act of 2018, which defined hemp and removed it from the definition of marijuana in the Controlled Substances Act. As a result, field law enforcement personnel and forensic laboratories now are in need of implementing new protocols that can distinguish between marijuana‐type and hemp‐type cannabis. Colorimetric tests provide a cost‐effective and efficient manner to presumptively identify materials prior to submission to a laboratory for analysis. This work presents the validation of the 4‐aminophenol (4‐AP) color test and demonstrates its utility for discriminating between marijuana‐type and hemp‐type cannabis (i.e., typification). Validation studies included the testing of numerous cannabinoid reference materials, household herbs, previously characterized cannabis plant samples, and real‐case samples. The 4‐AP test reliably produces a pink result when the level of Δ⁹‐tetrahydrocannabinol (THC) is approximately three times lower than the level of cannabidiol (CBD). A blue result is generated when the level of THC is approximately three times higher than that of CBD. Inconclusive results are observed when the levels of THC and CBD are within a factor of three from each other, demonstrating the limitations of the test under those scenarios.     

Voting at 16: Turnout and the quality of vote choice

Critics of giving citizens under 18 the right to vote argue that such teenagers lack the ability and motivation to participate effectively in elections. If this argument is true, lowering the voting age would have negative consequences for the quality of democracy. We test the argument using survey data from Austria, the only European country with a voting age of 16 in nation-wide elections. While the turnout levels of young people under 18 are relatively low, their failure to vote cannot be explained by a lower ability or motivation to participate. In addition, the quality of these citizens' choices is similar to that of older voters, so they do cast votes in ways that enable their interests to be represented equally well. These results are encouraging for supporters of a lower voting age.     

Contrasting First- and Second-Order Electoral Behaviour: Determinants of Individual Party Choice in European and German Federal Elections

In contrast to national elections, both parties and voters are assumed to think that ‘less is at stake’ in European elections: Campaigns are less intense, turnout is lower, and citizens are more inclined to ‘vote with their hearts’. The latter should be reflected in differing rationales of voting – party choice should not be based on identical determinants in national and European elections. However, this hypothesis has not been sufficiently tested and most of the research is based on the analysis of aggregated data while causal explanations are located on the micro level. This paper compares vote functions of individuals in regard to the 2009 European Parliament election as well as the 2009 German Federal election. Using data from the German Longitudinal Election Study (GLES), comparison of explanatory models shows that party choice on both levels is neither fundamentally different nor does it fit into the pattern of second-order electoral behaviour.     

Implementing “new public management”: The case of employment services in Quebec

Abstract: This article describes a reform to improve delivery of state‐funded employment services in the province of Quebec. It is based on a six‐year field study conducted during the reform process and presents the reform's objective, the way it was implemented, and some of the lessons learned during the reform process. This study focuses on three points: the key steps that led to the implementation of an output‐based contracting system between the state and non‐profit organizations; why the process of implementing private‐sector practices was unexpectedly long and complex; and the side‐effects associated with the reform.     

Loyalty and competence in public agencies

Competent public agencies are associated with better economic outcomes. Beyond competence, political leaders need to secure the loyalty of their agencies. Unfortunately, several theories predict a tradeoff between these two valued features. This paper finds that recruitment into agencies is meritocratic where (1) agency officials have poor outside options, (2) careers in agencies are long-lasting, and (3) agency loyalty is important. Moreover, agency competence is lower when (4) loyalty is important but the time horizon is short, and (5) outside opportunities improve but the time horizon is long. This evidence fits best with a theory of loyalty as non-contractible behavior.     

The implementation of the EU Prospectus Directive - a country-by-country analysis

Dr. Axel Gehringer HengelerMueller David Byers McCann FitzGerald, Solicitors, Dublin, Ireland Stefano Cuccia Head of Regulation, TLX, Milan Henri Wagner Allen and Overy, Luxembourg Petra Zijp NautaDutilh, Amsterdam José Manuel Cuenca and Yolanda Azanza Clifford Chance Daniel Bushner and Jonathan Parry Ashurst, London The first 150 words of the full text of this article appear below.