NEW FORMS OF ADMINISTRATIVE LAW IN THE AGE OF THIRD‐PARTY GOVERNMENT

This article explores the democratic values underlying public services when they are outsourced. Building on Rosenbloom and Piotrowski's (2005a, 2005b) framework, we examine whether and how administrative law norms – that serve as central democratic governance and accountability mechanisms in the administrative state – are extended to the new (private) frontline service providers. Through a study of the regulation of the privatized welfare‐to‐work programme in Wisconsin, we find that new forms of administrative law are evolving in third‐party government. These forms differ from administrative law as it usually applies to public agencies in several important aspects. The findings highlight the active role of legislative and administrative mechanisms in the promotion of these new forms of administrative law; and they shed light on the transformations that administrative law norms undergo in the age of third‐party government.     

A Fatal Shot with a Signal Flare—A Crime Reconstruction*

Abstract: A reconstruction of an incident of a fatal wounding of a football fan with a parachute flare was performed. Physical and chemical examinations of the victim’s trousers and parts of a flare removed from the wound in his leg were performed by means of an optical microscope and a scanning electron microscope coupled with an energy dispersive X‐ray spectrometer. Signs of burning were seen on the front upper part of the trousers, including a 35–40 mm circular hole with melted and charred edges. Postblast residue present on the surface of the trousers contained strontium, magnesium, potassium, and chlorine. Also the case files—the medical reports and the witnesses’ testimonies—were thoroughly studied. It has been found that the evidence collected in the case supported the version of the victim being shot by another person from a distance.     

The Role of Forensic Anthropology in the Examination of the Daegu Subway Disaster (2003, Korea)*

Abstract: Meticulous recovery of victims in the Daegu subway disaster was possible, because charred and fragmented victims were left in situ. Because bodies were piled one over another within the train, appropriate methodology during the recovery was critical to identifying the victims. The disaster area was thoroughly documented with notes, photographs, and schematic drawings of the various locations. The recovery team, comprising two medical examiners and one forensic anthropologist, decided when charred body parts and cremated bones were linked to the same individual based on the anatomy and forensic anthropological examination. Without these recovery procedures, it would not have been possible to efficiently harvest representative DNA sample from most of the victims’ body parts. After the entire process of identification, 136 victims were positively identified, and six victims remained unidentified. This study supports the crucial role of forensic anthropologists in the recovery of victims, especially in fire scenes.     

Microscopic Age Estimation from the Anterior Cortex of the Femur in Korean Adults*

Abstract: The purpose of this study was to develop age‐predicting equations from the anterior cortex of the femur of Korean adults. Seventy‐two femoral samples (44 male and 28 female) were obtained from Korean cadavers and used to develop the equations. The thin sections (<100‐μm thick) were prepared by manual grinding; the sections were not decalcified and were stained with Villanueva bone stain reagent. Analysis of covariance showed no significant differences in age‐adjusted histomorphological variables between sexes. In stepwise regression analysis, osteon population density, average osteon area, and the most anterior cortical width were selected for an age‐predicting equation which produced a high regression correlation (R² = 0.789). The average Haversian canal area was not significantly related to age for any specimen.     

From Militancy to Clientelism: Labor Union Strategies and Membership Trajectories in Contemporary Chile

For the past 30 years, Chilean unionism has been shrinking. Through a comparison of the membership trajectories of 26 unions in two firms between 1990 and 2004, this article explains why some unions defied this trend and how their success affected overall union density in their firms. It argues that the unions that experienced the most favorable membership outcomes were those that, at key junctures of firm restructuring, earliest or most aggressively established a partnership relationship with management. However, in a context of great labor weakness, these cases of union accommodation took the form of exclusive patron‐client exchanges, which exacerbated collective action problems and further eroded union density.     

A CASE OF PARTIAL CONVERGENCE: THE EUROPEANIZATION OF CENTRAL GOVERNMENT IN CENTRAL AND EASTERN EUROPE

This article compares the Europeanization of central government in four Central and Eastern European countries (CEECs): Estonia, Latvia, Poland, and Slovakia. Using a large N survey of ministerial civil servants, it finds that the Europeanization of central government is characterized by partial convergence. The scope of Europeanization is large and similar among CEECs, reaching widely and deeply into government ministries. Moreover, patterns of Europeanization are similar among CEECs: the same ministries form the ‘inner core’ and ‘outer circle’ of Europeanized ministries; only a small proportion of civil servants work full‐time on EU issues and routinely engage in activities that ‘project’ national policies at EU level. Compared to old member states, patterns of Europeanization show signs of convergence, while the scope of Europeanization is larger in CEECs.     

The agrarian question,past and present

Capitalism from Above and Capitalism from Below: An Essay in Comparative Political Economy, by Terence J. Byres. London: Macmillan Press, 1996. Pp.xxiv + 490. £60 (hardback). ISBN 0 333 66657 7

In his Capitalism from Above and Capitalism from Below: An Essay in Comparative Political Economy, T.J. Byres has as his concern an examination of the contemporary relevance of critical issues surrounding the development of agriculture in capitalist societies, as these unfolded in the past. Part of that relates to the agrarian roots of capitalist industrialisation. The historical experience, in this regard, of England, Prussia, the United States, France and Japan, is his chosen terrain, and in the present volume the manner of resolution of the agrarian question in two of these, Prussia ('capitalism from above') and the United States ('capitalism from below'), is addressed. In a rich, thoroughly researched and carefully argued examination of ‘agrarian transition’ in these cases ‐ in which he stresses that in the United States there were two distinct instances of transition, one in the South and the other in the North and West — he offers a nuanced assessment, in considerable historical depth, and develops new and important explanations of agrarian change, and its implications, in the two countries. Some of his major conclusions are discussed, and issue is taken with Henry Bernstein's argument/critique, developed with respect to Byres s conclusions, that the breakdown of boundaries which has occurred in the era of globalisation may signal the ‘end of the agrarian question’ in the sense of the elimination of any prospects of agrarian transition as a route to comprehensive industrialisation in contemporary poor countries.     

Gender and Modernity in Post‐War British Cinema; a case study of Young Wives’ Tale (1951)

This article explores the interrelationship between gender and modernity within the context of post‐war Britain, focusing upon the representation of women in the popular film genre of the ‘marriage comedy’. It uses a case study of the 1951 film Young Wives’ Tale to explore post‐war ideas about the ‘companionate marriage’ and the emergence of a ‘modern’ British society. Critical examination of female performance style and the gendered negotiation of domestic space within the film suggests the ways in which anxieties about the ‘new’ and the ‘modern’ are displaced onto the female protagonists. The article explores the ways in which ‘tradition’ is usurped in the film and concludes that it was a box office failure because it was out of step with the cultural consciousness of post‐war cinema audiences. The film’s lack of success demonstrates the extent and manner to which gender relations could be challenged in the early 1950s.