Financial Intelligence: A Price Worth Paying?

The harvesting of financial intelligence by law enforcement and intelligence services through various forms of surveillance is now so prevalent that it has become a core feature of contemporary security practice. Not surprisingly, concerns have been raised regarding the intrusive nature of financial intelligence collection and the emerging challenges posed to liberty. This article, whilst written primarily from a UK perspective, considers the trade-offs that inevitably emerge when liberty and security collide. Above all it argues that such measures are a necessary consequence of a changing security environment and that effective counter measures inevitably come at a price. The value added from data surveillance by the state, when lawfully sanctioned, audited and regulated are in the interests of public safety and national security, deemed a price worth paying.     

Constructing C.A.L. tutorials

ON THE assumption that law schools should seek to foster a legal profession which takes ethics seriously, this article explores how it may promote the moral development of its students. Having examined how legal education currently fails in this regards, it explores competing psychological theories of moral development and argues that law schools should seek to start students on a ‘moral apprenticeship’ leading to the development of the necessary moral character to equip them for the ethical challenges of practice. The article then looks at the extent to which ideal methods for promoting moral development can be implemented given the current climate in legal education. In particular, it argues that an excellent and viable means of assisting in the process of moral character development is through student involvement in live‐client clinics, particularly if they are run on an extra‐curricular basis.     

Pre-Settlement Settlement (PreSS): A Simple Technique for Initiating Complex Negotiations

Pre-setttement settlement, or PreSS, is a negotiation technique that precedes and potentially facilitates a final settlement. A PreSS is distinguished by three characteristics. It is: formal (being a binding agreement), initial (being the first step of a longer process), and partial (covering only a subset of issues). PreSS provides a conceptual umbrella for several existing concepts in the negotiation literature. The what, when, and why of PreSS are delineated and examples of pre-settlement settlement are provided.     

The WODC Research and Documentation Centre; its Past and Current Research

This paper describes a number of past and present research projects carried out by or in assignment for the WODC Research and Documentation Centre of The Netherlands Ministry of Justice. As an introduction, we briefly describe how the WODC came into existence, and how it evolved over the years. We highlight a number of studies and themes that were focused on in the past, and we describe in more detail a number of on-going projects.We end by outlining the WODC's plans for the future.     

Parasitic Integration: Win-Win Agreements Containing Losers

Parasitic integration involves agreements that are Pareto-superior for two or more of the negotiating parties, while being inferior for one or more of the remaining negotiating parties. The contrast between parasitic integration and integrative bargaining is highlighted. A taxonomy and examples of parasitic integration are provided, as well as linkages to specific areas in the negotiation literature.     

Bridging the Divide between Evidence and Policy in Public Sector Decision Making: A Practitioner's Perspective

While policy advocates can help bridge the divide between evidence and policy in decision making by focusing on ambiguity and uncertainty, policy makers must also play a role by promoting and preserving deliberative processes that value evidence as a core element in leveling raw constituent opinion, ultimately resulting in a better‐informed electorate. Building on existing research and analytic capability, state legislatures can increase the demand for and delivery of relevant information, giving the institution the capacity to keep abreast of research in critical public policy areas. By implementing data and time‐conscious evaluative frameworks that emphasize evidence‐based decision making and longitudinal cost–benefit analytics at critical policy‐making junctures, the institutional culture can become less unpredictable and the “rules of the game” can be more transparent. In 2015, Mississippi's legislative leaders created a system to review requests for new programs and funding using such an evidence screen.