Justice denied and justice delayed: the trials and tribulations of a Victorian solicitor

This paper explores a Victorian cause célèbre, particularly the latter stages, in which a London solicitor, W.H. Barber, battled first to obtain the renewal of his practising certificate and then to claim compensation from public funds for the sufferings he had endured as a result of his wrongful conviction. Barber's misfortunes arose from his unwitting participation in a series of sensational frauds on the Bank of England, leading to his transportation to the penal colony on Norfolk Island in 1844. Pardoned on the basis of confessions from the wrongdoers, his readmission to the profession was unrelentingly opposed by the Incorporated Law Society, and he only prevailed after a series of rebuffs in the courts.

Barber's tribulations, which had first highlighted the defects of the criminal trial, provide an unusual insight into the under-explored and uncertain state of solicitors' professional ethics at this time and the controversial role of the ILS in enforcing them. They also yield valuable information on solicitors' practices and the effects of a royal pardon.     

Effect of Choice of Measure on the Size of a Racial Disparity

In criminological studies of racial disparities the effect of race on outcomes is assessed after statistical controls for other variables. There is no universally accepted measure of size of disparity after controls in the most common type of disparity study: the study of binary outcomes. Some such studies use a measure that lends itself to interpretation in terms of the proportional reduction in error (PRE). Most use a non-PRE measure of association. This study investigates the effect of choice of measure on conclusions about the size of a disparity after controls. For illustrative purposes the study analyzes data on the awarding of sentence reductions to drug traffickers. After controls, blacks are found to be substantially less likely than whites to receive a reduction according to a type of non-PRE measure: an odds ratio derived from a logit model. But using the same data and model, PRE measures obtained from an ROC analysis indicate that, after controls, there is hardly any difference between the races in their likelihood of sentence reduction. Results illustrate the study's thesis: that the choice of measure can powerfully affect conclusions. The findings' implications—for policymakers and for researchers who conduct racial disparity studies—are discussed.     

The legitimization and institutionalization of ‘parental alienation’ in the Province of Quebec

ABSTRACT

This article examines the legitimization and institutionalization of ‘parental alienation’ discourse in the Province of Quebec, Canada. It draws upon an analysis of 31 documents (legislation, research reports and articles, training documents, professional documents and media articles) and interviews with 13 key informants, who were selected based on their knowledge of ‘parental alienation’ in research, policies or practices. The research findings reveal that the legitimization and institutionalization of ‘parental alienation’ discourse is a more recent process than in other provinces and countries, but that it has now permeated child custody as well as child protection proceedings. Academic researchers and media have been instrumental in this legitimization and institutionalization process, while the role played by changes to child protection policies is more ambiguous. The findings reveal researchers’ and experts’ tendency to distance themselves from Gardner’s controversial work on ‘parental alienation syndrome’ and to address the critiques by proposing new approaches and new concepts. However, the terms ‘parental alienation syndrome’, ‘parental alienation’ and ‘alienating behaviours’ are often used interchangeably, and assessment practices tend to rely on similar indicators.     

Normative power Europe and the Israeli-Palestinian conflict: the EU’s peacebuilding narrative meets local narratives

ABSTRACT

This article conceives the EU’s normative power in the Israeli-Palestinian conflict as a narrative that projects views of the international system, the EU’s identity as a peacebuilder, and its positions on specific conflict issues. Highlighting the importance of local narratives as cultural filters, this article argues that a high degree of alignment of local narratives with key elements of the EU’s normative power narrative facilitates positive images of the EU as a normative power in peacebuilding, whilst diverging local narratives tend to give rise to more critical views. Yet, the case of Palestine also shows that strong narrative alignment with the EU may encourage high expectations, resulting in critical views about inconsistencies between the EU’s normative aspirations and its actual foreign policy conduct.