Critical approaches and the legacy of the agent/structure debate in international relations

This article examines the significance of the concept of agency for the project of critical theory as defined by Robert Cox. Even if numerous scholars recognize the importance of agency, very few have managed to set up an agenda that uses this notion in productive ways. I argue that this failure largely stems from the desire to present power as a structural phenomenon. If we see power as embedded in the very structure of society, it becomes difficult to see how social forces can escape the inherent tendencies imposed by structures. For this reason, the issue of social change has continued to elude critical theory making it difficult to open up space for an approach based on agency. Against structural conceptions of power, I present an agent-based conception of power which can serve to contextualize international relations in different terms. By presenting power in terms of practice, I argue, one can better overcome the reifying gaze of positivism.     

The impact of student-generated digital flashcards on student learning of constitutional law

This article describes, evaluates and reflects upon student creation of cloud-based digital flashcards as an authentic formative and summative assessment task designed for the deep learning of constitutional law. The usefulness of digital flashcards in online legal education is explored. The undergraduate law student participants in the study responded differently to the assessment task depending upon the constitutional law topic they were assigned, the perceived relevance of constructing digital flashcards to professional practice and how they reacted to this creative task. Building digital flashcards provides a potentially powerful authentic assessment task for the study of constitutional law provided it is designed to support semester long creation, validation and sharing of digital flashcards that students perceive as professionally relevant and educationally useful. Student recommendations for designing an assessment task involving the creation of digital flashcards are evaluated.     

Corruption,human-rights violation,and the interface with violence in the Niger Delta

This article examines the interdependence between corruption, violations of human rights, and conflict in the Niger Delta. It is argued that corruption-induced violations have triggered conflicts that have become cyclical. The article sets out a theoretical context against which to examine the interface between corruption, human-rights violation, and conflict in the Delta, and calls for the integration of the fight against corruption into the peace-building process in the Niger Delta.     

Prevention of money laundering and the role of asset recovery

The purpose of this paper is to examine the increasing emphasis of the UK anti-money laundering (AML) legislative framework, on the financial arrangements of criminals. Our qualitative study engaged key stakeholders from the AML environment through a series of focus groups. This included law enforcement; accountants; prosecutors; bankers and, importantly, ex-offenders. We argue that the inclusion of the views of a traditionally hard to reach group of ex-offenders, adds significantly to knowledge and understanding about effectiveness of AML. The research findings suggest that, at first glance, the focus on asset recovery has been successful. However, our respondents shared with us areas of tension and inconsistencies in application of the law, in particular between police and the courts. For example, whether it was better to prosecute the predicate offence  separately or in addition to the offence of money laundering; or whether to pursue criminal or civil recovery. We further find that criminals have been able to use their knowledge to circumvent the system, suggesting that greater effort is needed to promote cooperation, rather than competition, in successfully detecting and prosecuting offenders.     

The Responsibility Gap in Corporate Crime

In many cases of criminality within large corporations, senior management does not commit the operative offense—or conspire or assist in it—but nonetheless bears serious responsibility for the crime. That responsibility can derive from, among other things, management’s role in cultivating corporate culture, in failing to police effectively within the firm, and in accepting lavish compensation for taking the firm’s reins. Criminal law does not include any doctrinal means for transposing that form of responsibility into punishment. Arguments for expanding doctrine—including broadening of the presently narrow “responsible corporate officer” doctrine—so as to authorize such punishment do not fare well under the justificatory demands of criminal law theory. The principal obstacle to such arguments is the large industrial corporation itself, which necessarily entails kinds and degrees of delegation and risk-taking that do not fit well with settled concepts about mens rea and omission liability. Even the most egregious and harmful management failures must be addressed through design and regulation of the corporation rather than imposition of individual criminal liability.     

Survey Research and Social Class in Venezuela: Evaluating Alternative Measures and Their Impact on Assessments of Class Voting

The ascendance of the left in Latin America has sparked new interest in the politicization of social class. What factors should scholars consider in choosing and constructing measures of social class in survey research? To what degree can measurement affect results? This article evaluates several common measures in terms of validity and reliability. It then shows that alternative measures produce strikingly different results when examining class voting in Venezuela's 2006 presidential election. Simple measures of household income or wealth, which fare poorly in validity assessment, suggest minimal levels of class voting. Various socioeconomic scales that also incorporate data on education and, in some cases, weights for household composition, suggest very high levels of class voting. The article provides guidelines for evaluating measures and illuminates the debate on class voting in Venezuela. Scholars have reached contradictory conclusions while using different measures, but the decisive role of measurement has gone unrecognized.     

The Effect of Fiscal Decentralization on the Financial Condition of Municipal Government

This study examines the effect of fiscal decentralization between states and their local governments on the financial condition of municipal governments. There are strong theoretical arguments on both sides of the federalism debate about the benefits for and against decentralization. Most of the research in this area investigates economic and social welfare consequences of fiscal decentralization. There is limited research, however, on the effects of fiscal decentralization on the financial health of local governments. Using data from the nation’s 150 largest cities, this study finds that intrastate fiscal decentralization results in weaker financial condition for municipalities in those states.