LEGAL CONSUMERS AS COPRODUCERS

Although the extent of unbundling among private legal practitioners in the changing Australian marketplace remains uncertain, there is a shift in thinking about the appropriate role of consumers in accessing everyday legal services. This is evident in the delivery of legal services other than those provided by private practitioners, where the consumer's role in legal service delivery arrangements is gradually being transformed. Among those institutions that are responding positively, if not inevitably, to the rising tide of legal self-helpers is the Family Court of Australia. The court's activities in attempting to meet the needs of its pro se consumers is simultaneously creating opportunities for unbundled legal service delivery, at least for those lawyers willing to seize these opportunities. It would appear that family law disputes, together with the large numbers of voluntary and involuntary legal self-helpers that these disputes generate, is fertile terrain for the development of alternative forms of legal service delivery.     

The Justiciability of Resource Allocation

A perennial problem in public law is how courts ought to deal with legal challenges to the allocation of public resources. This article explains and renders more coherent the varied approaches of English courts to the justiciability of resource allocation disputes in administrative and tort law. It draws a distinction between 'discretionary allocative decision-making' and 'allocative impact.' The non-justiciability doctrine in R v Cambridge Health Authority , ex p B is concerned with the former only. By contrast, allocative impact is a justiciable matter, but can still ultimately defeat a claim. This distinction, however, does not guide judicial approaches under the Human Rights Act 1998, where courts have chosen mostly to eschew the non-justiciability doctrine in favour of more flexibly applied notions of judicial deference. Thus while the non-justiciability doctrine has a relatively narrow scope in administrative and tort law, it has nearly disappeared under human rights law.     

Needle exchange programs and drug infection behavior.

This study examines how drug injection and needle sharing propensities respond when a needle exchange program (NEP) is introduced into a city. I analyze 1989-1995 Drug Use Forecasting data on adult male arrestees from 24 large U.S. cities, in nine of which NEPs opened during the sample period. After controlling for cocaine and heroin prices, AIDS prevalence, fixed effects for cities and years and city-specific time trends, the model indicates that the presence of a NEP is associated with declines of 13 percent in drug injection and 20 percent in needle sharing among drug injectors.     

The future of terrorism research: a review essay

This essay sets forth a research agenda to begin filling some key gaps in terrorism studies. Since the September 2001 Al Qaeda attacks against the World Trade Center towers and the Pentagon that claimed over 3000 lives, interest in terrorism research has increased. After these attacks, the United States and other governments prioritized the scientific study of the causes of and responses to terrorism. Importantly though, our review of the terrorism literature demonstrates that despite this progress, intriguing questions remain underexplored or altogether unexplored. This essay identifies four gaps in terrorism studies: (1) employing non-terrorist comparison groups, (2) broadening the dependent variable (focus of study), (3) exploring exceptions/anomalies to “established” findings, and (4) engaging measurement issues. We discuss these issues and outline a research agenda that could begin to fill these gaps.     

Protecting Sovereignty,Protecting the Planet: State Delegation to International Organizations and Private Actors in Environmental Politics

As global interdependence grows, states often use international organizations to achieve both domestic and foreign policy goals. One way states respond to demands for cooperation is to delegate to international organizations and private actors. In this article, we use new data spanning a century of international environmental law to understand when and why states delegate to international organizations to manage environmental problems. We find that delegation is a persistent phenomenon that facilitates the implementation of states' preferences. However, they make this decision with care: States tend to delegate functions with lower sovereignty costs, such as implementation and monitoring, but rarely delegate rule making and enforcement. We also find that heterogeneous preferences among states increases the likelihood of delegation. Overall, our results suggest that states seek to delegate out of a motivation both to reduce transaction costs and to establish credible commitments.     

Capital punishment: The fragmentation of Colombia and the crisis of the nation-state

The Colombian nation-state is in its worst period of crisis since the infamous Violencia of the late 1940s and 1950s. State power is being contested by a number of groups: paramilitaries, the revolutionary Left, drug cartels and corrupt high-level officials. But these latest challenges must be set in a wider historical context: a 200-year history of failed attempts by the oligarchy to forge a stable modern nation-state without undermining their dominant position in the Colombian polity. The writing of a new constitution in 1991, the first since 1886, was an attempt to address many of the above problems, including the granting of special powers to the executive to deal with civil unrest, the need for a decentralised and pluralised political landscape and constitutional guarantees for minority and indigenous representation and rights. However, constitutional change has also taken place in the context of the consolidation of the globalisation project and the practical effects of the new constitution have been its provision of legal and administrative measures to facilitate the neoliberal restructuring of the economy, a process which, over the past 10 years, has been a devastating form of 'capital punishment' for the Colombian underclasses and has contributed to the further fragmentation of the nation.     

First amendment protection for online platforms

The United States is home to some of the largest online platforms in the world, in part due to Section 230 of the Communications Decency Act of 1996. Section 230 provides platforms with extraordinarily broad immunity from lawsuits arising from user content. The statute is under unprecedented scrutiny, and Congress already has amended the statute to weaken its protections. This Article examines the First Amendment protections that would remain for online platforms if Congress were to entirely eliminate Section 230. After reviewing pre-Internet cases involving offline distributors such as bookstores and newsstands, this Article concludes that although the First Amendment would offer some protections to platforms, these protections would be limited and likely would require platforms to significantly alter their operations and business models.     

Punctuated equilibrium in the energy regime complex

The concept of a regime complex has proved fruitful to a burgeoning literature in international relations, but it has also opened up new questions about how and why they develop over time. This article describes the history of the energy regime complex as it has changed over the past 40 years, and interprets this history in light of an interpretive framework of the sources of institutional change. One of its principal contributions is to highlight what Stephen Krasner referred to as a pattern of “punctuated equilibrium” reflecting both periods of stasis and periods of innovation, as opposed to a gradual process of change. We show that the timing of innovation depends on dissatisfaction and shocks and that the nature of innovation—that is, whether it is path-dependent or de novo—depends on interest homogeneity among major actors. This paper is the first to demonstrate the empirical applicability of the punctuated equilibrium concept to international regime complexes, and contributes to the eventual development of a dynamic theory of change in regime complexes.     

Social Factors Associated with History of Sexual Assault Among Ethnically Diverse Adolescents

We examine the association of adolescents’ self-reported sexual assault victimization with their living arrangements, parent’s education, and plans for college. Participants included 1,634 ethnically-diverse and economically-disadvantaged high school students in southeast Texas. Lifetime history of forced sexual assault was reported by 8.3% of girls and 9% of boys. No association with gender, age, or parent’s education was detected. However, adolescents in non-traditional households (living with one parent, grandparents, or other) were more likely to report rape than youth living with both parents. Adolescents who were one race/ethnicity were less likely to report being raped than those in the multiple race category. Sexual assault intervention programs should account for a teenager’s living situation; and prevention efforts may benefit from targeting individuals in non-traditional households. The lack of an association with either gender or socio-educational status indicates that all children are at risk and that school-based programs should be broadly targeted.