Trading rule of law for recovery? The new EU strategy in the post-Covid era

The ambition of this article is twofold. First, it argues that, in order to enhance respect for the rule of law by its Member States, the EU has launched a new strategy albeit essentially based on mechanisms which were not specifically designed to protect the rule of law. Second, the article aims to clarify the notion of rule of law resulting from this strategy and to subsequently analyse its consequences. In doing so, this article will thereby demonstrate that the instruments used by the new strategy promote a notion of the EU rule of law which implies a constant arbitrage between the rule of law and the economic objectives pursued by the EU. The risk may be, however, that it would subjugate fundamental values (as defined in Article 2 TEU) to the logic of European economic integration, thus inverting the hierarchy between protection for the rule of law and economic values.     

Participative leadership and hierarchical structures in multiple perpetrator rape: replicating and extending a scale of influence among offenders

ABSTRACT

This paper replicates and extends Porter and Alison’s (2001. A partially ordered scale of influence in violent group behavior: An example from gang rape. Small Group Research, 32(4), 475–497) method of leader identification in Multiple Perpetrator Rape (MPR). The study examined 216 MPR offences (totalling 712 different offenders), collected from archival sources (predominantly law reports). Porter and Alison’s original coding scheme was refined and Multidimensional Scaling identified a partially ordered scale of influence based upon the decisions, actions and orders made by the offenders at each chronological offence stage. The updated scale identified leaders in 97% of the sample groups. The hierarchical structures of the groups were also examined through the distribution of influence among co-offenders. While the majority (68%) of cases exhibited a dichotomous leader/follower structure, some “followers” also exhibited influence tactics to varying degrees with the presence of “lieutenants” and linear hierarchies. The findings are discussed in relation to group dynamics as well as the reliability and validity of the influence scale.     

Impacts,Measurements, and Art Policy: Starting the Change Process

The author discusses a survey of companies with art collections in German-speaking countries—Germany, Austria, and Switzerland. Drawing on the data collected in the survey, he highlights the differences between two groups of curators currently responsible for corporate art collections, the "new professionals" and the "management administrators." First, organizational changes in corporations that occurred during the "founding boom" of the 1990s had a significant effect on the roles of corporate art managers, introducing the art-educated "new professional" into the process, which before then had been controlled by the corporate-trained "management administrators." Second, the nature, content, and styles of current corporate art collections reflect specific "corporate cultures." Third, the "new professional" corporate art curators purchase contemporary art for their collections at art fairs, a reality that has significant impact on the art market. The author concludes with an analysis of the relationship between these new professional corporate collectors and the contemporary art market by highlighting significant changes in pre- and post-1990 corporate art collections.     

Making the Case: Using a Living and Historic Cultural Universe Big Data System as a Knowledge-Based Foundation for Sustaining and Recapitalizing the Cultural Sector

The cultural sector needs information to support recapitalization efforts. However the majority of existing studies all point to a knowledge gap within the sector: how to evaluate the amount of capital that can be raised. Through big data, we now have the ability to understand the “universe” of support to the cultural sector. In a test employing over two million data cells from 2007 onward for cultural organizations in Charlotte, North Carolina, the author has found evident patterns and predictors for sector support as a foundation for recapitalization, making the case for big data.     

Trends of indecent images of children and child sexual offences between 2005/2006 and 2012/2013 within the United Kingdom

Abstract

Little is known about the trends of indecent images of children (IIOC) offences, as UK criminal justice figures are unavailable within official crime data. This study aims to explore the rates of conviction and the relationship between IIOC offences and child sexual abuse offences from 2005/2006 to 2012/2013. The results indicated a continuing increase in offences of take, permit, distribute IIOC, rape of a child under 13, sexual activity of child under 16 and abuse of children through prostitution or pornography. Six out of a possible 17 correlations were significant, with the strongest correlation found between take, make, distribute IIOC and rape of a female under 13. Explanations for the findings are discussed and the utility of comprehensive prevalence figures for different stakeholders involved in addressing this crime issue.     

Sexual Harassment, PTSD, and Criterion A: If It Walks Like a Duck …

Sexual harassment and posttraumatic stress disorder (PTSD) are two topics that generate heated debate in the social science literature. When the two are combined in the civil litigation context, the intensity of the debate is heightened by the adversarial context of the courts. The current paper examines research on both sexual harassment and PTSD separately, before addressing the issues that arise for psychologists and psychiatrists who serve as expert witnesses in sexual harassment litigation. Proposed resolutions of controversies are offered that attempt to expand the knowledge base for expert witnesses on the topic of sexual harassment as well as work within the current Diagnostic and Statistical Manual (DSM-IV-TR; American Psychiatric Association 2000) framework of PTSD.     

Custom,contestation and co-operation: peace and justice promotion in Somaliland

This article explores alternatives to prevailing state-centric and legalistic approaches to supporting local security and access to justice. It does so through a case study of an initiative developed by an international NGO in partnership with a group of traditional authorities in Somaliland. The initiative aimed at enhancing local security and access to justice, drawing on customary conflict resolution mechanisms and everyday strategies of self-securing. At the same time, the initiative was shaped by international input and liberal notions of human rights and human security. This approach entailed a renegotiation of both local ordering and international discourse. Drawing on our fieldwork, we examine the initiative as it has evolved since 2003, and discuss what it suggests in terms of prospects for international support to ‘non-state’ actors. In particular, the article draws attention to the potential of working with everyday local practices to enable social change rather than focusing narrowly on reforming legal systems (whether state or customary).     

Financial Advice,Differentiated Consumers,and the Regulation of Equity‐release Transactions

In an asset‐based welfare context, which encourages the drawdown of housing equity to meet financial needs in later life, it is anticipated that the use of equity‐release products will become increasingly prevalent. In the last decade, and reflecting the strategic significance and high risk associated with this section of the home finance market, targeted equity‐release products (lifetime mortgages and home reversion plans) have come under the regulatory remit of the Financial Conduct Authority (FCA). The FCA's approach to equity release is geared around professional financial and legal advice. Drawing on findings from a new qualitative study, purposively sampled according to socioeconomic circumstances at the time of the transaction, this article explores the role of financial advice within the factors that shape equity‐release decision making, and considers the implications of the FCA's regulatory commitment to the ‘advice paradigm’ in meeting (or not) the needs of a differentiated consumer population.     

Police oversight in the United Kingdom: The balance of independence and collaboration

A key feature of modern policing is external oversight of alleged police misconduct. The present paper focuses on the three UK oversight agencies: the Independent Police Complaints Commission (IPCC), the Police Complaints Commissioner for Scotland (PCCS); and the Police Ombudsman for Northern Ireland (PONI). Document analysis and interviews were utilized to highlight the different models of oversight with regard to the balance of responsibility for complaint investigations. The PONI exemplifies a model of regulatory independence that provides a strong challenge to the very limited PCCS model and intermediate IPCC model. An emerging trend was indentified of co-operation between external and internal agency personnel working towards police reform and areas in which oversight agencies can contribute to reform are presented.