Reflexive Governance and European Company Law

The use of reflexive forms of governance is growing within the EU, in particular as the open method of coordination (OMC) is applied to a wider range of contexts. Reflexive approaches view diversity of laws and practices across the Member States as the basis for experimentation and mutual learning within the overall process of European integration. Company law, however, seems to be an exception to this trend: recent activity in this area has mostly taken the form of 'hard law' harmonisation through directives, coupled with the stimulation of regulatory competition through judgments of the European Court of Justice concerning freedom of movement, most notably the Centro s case. The deliberations of the European Corporate Governance Forum barely qualify as a 'company law OMC' because of the limited space allowed for 'learning from diversity'; instead, differences in the laws of the Member States are seen, in the discourse of the Forum, as 'distortions of competition'. In the area of labour law, by contrast, a degree of functional convergence and a coordinated raising of standards have recently been achieved by the dovetailing of the OMC with social policy directives. The contrasting experiences of labour law and company law suggest that reflexive or experimentalist approaches to European governance can be effective when they operate so as to complement mechanisms of harmonisation and regulatory competition, rather than being presented as alternatives to them.     

Witnesses in the special court for Sierra Leone: The importance of the witness–lawyer relationship

This study is concerned with the relationship between witnesses testifying in the Special Court for Sierra Leone and their legal teams. Other research conducted with witnesses in international war crimes tribunals suggests that this relationship has a significant impact on the experience of such witnesses. A structured interview was administered to 171 witnesses who had testified in the Special Court for Sierra Leone. Witnesses generally felt their lawyers' attitude towards them was extremely good. Emotional support and good preparation for testifying seem to be particularly important predictors of witnesses' relationship with their lawyers, as does the level of respect they felt they received from court staff. However, communication between witnesses and their legal teams after the testimony is over did not have a significant impact on witnesses' evaluations of their lawyers' attitude towards them.     

Developmental validation of a Cannabis sativa STR multiplex system for forensic analysis

A developmental validation study based on recommendations of the Scientific Working Group on DNA Analysis Methods (SWGDAM) was conducted on a multiplex system of 10 Cannabis sativa short tandem repeat loci. Amplification of the loci in four multiplex reactions was tested across DNA from dried root, stem, and leaf sources, and DNA from fresh, frozen, and dried leaf tissue with a template DNA range of 10.0-0.01 ng. The loci were amplified and scored consistently for all DNA sources when DNA template was in the range of 10.0-1.0 ng. Some allelic dropout and PCR failure occurred in reactions with lower template DNA amounts. Overall, amplification was best using 10.0 ng of template DNA from dried leaf tissue indicating that this is the optimal source material. Cross species amplification was observed in Humulus lupulus for three loci but there was no allelic overlap. This is the first study following SWGDAM validation guidelines to validate short tandem repeat markers for forensic use in plants.     

Cheap and Dirty: The Effect of Contracting Out Cleaning on Efficiency and Effectiveness

Contracting out of public services, especially ancillary services, has been a key feature of New Public Management since the 1980s. By 2014, more than £100 billion of U.K. public services were being contracted out annually to the private sector. A number of high‐profile cases have prompted a debate about the value for money that these contracts provide. Value for money comprises both the cost and the quality of the services. This article empirically tests the contestability and quality shading hypotheses of contracting out in the context of cleaning services in the English National Health Service. Additionally, a new hypothesis of coupling is presented and tested: the effect of contracting of ancillary services on patient health outcomes, using the hospital‐acquired infection rate as our measure. Using data from 2010–11 to 2013–14 for 130 National Health Service trusts, the study finds that private providers are cheaper but dirtier than their in‐house counterparts.     

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.