Brexit,Article 50 and the Contested British Constitution

This article discusses the early stages of the Art 50 TEU process, and those aspects that relate most clearly to British constitutional law. Its overarching theme is that the Brexit process is rendered highly problematic by the lack of any coherent conception of the British Constitution. Different parties settle on interpretations of constitutional law that support their case, but often there is no determinative answer. Three broad issues are examined in order to substantiate this claim: the EU Referendum, the triggering of Article 50, and the Devolution aspect of Brexit. I argue that each of these issues reveals tensions and competing constitutional interpretations that suggest that the British Constitution is ill‐equipped to deal with Brexit.     

Why Tolerate Conscience?

In Why Tolerate Religion?, Brian Leiter argues against the special legal status of religion, claiming that religion should not be the only ground for exemptions to the law and that this form of protection should be, in principle, available for the claims of secular conscience as well. However, in the last chapter of his book, he objects to a universal regime of exemptions for both religious and secular claims of conscience, highlighting the practical and moral flaws associated with it. We believe that Leiter identifies a genuine and important contemporary legal and philosophical problem. We find much to admire in his reasoning. However, we raise questions about two claims that are crucial for his argument. The first claim is that it is not religion as such, but conscience that deserves toleration and respect. The second claim is that respect for religion and conscience demands ‘principled toleration’ but does not entail stronger policies of legal exemptions. Against the first claim, we argue that Leiter does not successfully distinguish religious belief from secular conscience and morality; and he does not explain why secular conscience (which shares many of religious conscience’s epistemic features) deserves respect. Against the second claim, we argue that the most promising theories of legal exemptions are not classical theories of liberal toleration.     

Treatment-Related Reductions in Disability Are Associated with Reductions in Perceived Injustice Following Treatment of Whiplash Injury

Emerging evidence suggests that perceived injustice is a risk factor for poor recovery outcomes in individuals with whiplash injuries. The present study examined the relative contributions of treatment-related reductions in pain severity, depressive symptoms, and disability in the prediction of reductions in perceived injustice in individuals with whiplash injury. The study sample consisted of 71 individuals (43 women and 28 men) who sustained whiplash injuries in motor vehicle accidents and who were enrolled in a treatment program designed to promote functional recovery following whiplash injury. For the purposes of this study, only individuals who scored above the risk threshold on a measure of perceived injustice were included in the study sample. Participants completed measures of pain severity, disability, depressive symptomatology, and perceived injustice prior to treatment and after treatment. Change scores were computed for study variables. The results revealed that reductions in pain severity and disability were correlated with reductions in perceived injustice. Regression analyses revealed that only reductions in disability contributed significant unique variance to the prediction of reductions in perceived injustice. Clinical and theoretical implications of the present findings are discussed.     

The Myth of the Beijing Consensus

The widely touted concept of the ‘Beijing Consensus’ (BC) suggests that China's economic success violates conventional theories of development and offers developing countries an alternative vision to the Washington Consensus (WC). Although ambitious, the original conception of the BC is not up to the task of being a worthwhile competitor to the alternative model from which its name was coined, not because of the WC's apparent worthiness, but rather because the BC is a misguided and inaccurate summary of China's actual reform experience. It not only gets the empirical facts wrong about China, it also disregards the similarities and differences China's experience shares with other countries, and it distorts China's place in international politics. In spite of these weaknesses, the BC is nevertheless a useful touchstone to consider the evolution of developmental paradigms, compare China's experience with that of others, identify the most distinctive features of China's experience, and evaluate its significance for the development prospects of other countries and for international relations.     

The campaign dynamics of economic voting

This paper considers the relationship between election campaigns and the impact of economic evaluations on vote choice. The motivation is the standard expectation that the campaign generally serves to amplify the significance of economic considerations in the voter's calculus—to focus his/her attention on this “fundamental” element of the electoral decision. Drawing on survey data from ten national elections across four countries (Canada, New Zealand, the United Kingdom and the United States) and applying both parametric and semi-parametric statistical techniques, the paper finds no support for this proposition. The paper reflects on the significance of this conclusion for work on political learning during election campaigns, the literature on economic voting, and the study of electoral behaviour more generally.     

Three Sorries and You’re In? Does the Prime Minister’s Statement in the Australian Federal Parliament Presage Federal Constitutional Recognition and Reparations?

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”.     

The effect of e-cigarette taxes on pre-pregnancy and prenatal smoking

E-cigarette taxes are an active area of legislation and have important regulatory implications by proxying e-cigarette accessibility. We examine the effect of e-cigarette taxes on prepregnancy and prenatal smoking using the near-universe of births to mothers conceiving between 2013 and 2019 in the United States. Using fixed effect regressions, we show that e-cigarette taxes increase prepregnancy and prenatal smoking. We also find evidence that e-cigarette taxes reduce prepregnancy and 3rd trimester e-cigarette use. Finally, we show that e-cigarette taxes increase news coverage of e-cigarettes and raise perceptions of risk of e-cigarettes.     

Activism and Radicalism in Prison: Measurement and Correlates in a Large Sample of Inmates in Texas

There is considerable speculation that prison plays a role in radicalization. Many individuals involved in acts of political extremism have spent time in prison, adding credibility to such claims. Despite these assertions, there is little empirical evidence regarding the prison-radicalization link because access to prisons is challenging and there are few valid scales of extremism. Studies that do examine a potential link have small sample sizes or select on extremist case studies. The current study draws on interviews conducted with 802 male prison inmates in Texas the week before their release to the community. Inmates were administered the Activism and Radicalism Intention Scale, one of the few validated scales in the extremism literature. A series of structural equation models revealed several important findings. First, we found that the psychometric properties of the modified two factor model of activism and radicalism intentions were largely acceptable among prison inmates, including subgroupings of Latino, white, black, and gang and non-gang-involved inmates. Second, our findings revealed that there was more activism than radicalism intentions among prison inmates, although levels of both were comparable to non-institutional populations. Activism and radicalism intentions were positively related, although this correlation was weaker than in prior studies. Activism should not be substituted for radicalism. Third, our exploratory analysis of concurrent validity identified few multivariate correlates. Group identification—namely, racial and religious groups—was related to both scales, but in opposite directions. Age was negatively, while street-to-prison gang importation was positively, related to radicalism intention. We outline the implications of these findings for research, policy, and practice on activism, radicalization, and prison.     

A New Approach of Juvenile Age Estimation using Measurements of the Ilium and Multivariate Adaptive Regression Splines (MARS) Models for Better Age Prediction

Juvenile age estimation methods used in forensic anthropology generally lack methodological consistency and/or statistical validity. Considering this, a standard approach using nonparametric Multivariate Adaptive Regression Splines (MARS) models were tested to predict age from iliac biometric variables of male and female juveniles from Marseilles, France, aged 0–12 years. Models using unidimensional (length and width) and bidimensional iliac data (module and surface) were constructed on a training sample of 176 individuals and validated on an independent test sample of 68 individuals. Results show that MARS prediction models using iliac width, module and area give overall better and statistically valid age estimates. These models integrate punctual nonlinearities of the relationship between age and osteometric variables. By constructing valid prediction intervals whose size increases with age, MARS models take into account the normal increase of individual variability. MARS models can qualify as a practical and standardized approach for juvenile age estimation.