Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK1

There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education.     

Demand Pull Technology Transfer Applied to the Field of Assistive Technology

Technology transfer has generally had little impact on the assistive technology industries serving small, highly fragmented “disability markets.” Persons with disabilities often require specialized, relatively sophisticated technology. Third-party payer reimbursement rates and the low levels of disposable income among disability populations often cap product pricing. Transferring technology to these industry segments therefore poses special challenges. In October 1998, the Rehabilitation Engineering Research Center on Technology Transfer initiated the “Demand-Pull Project on Wheeled Mobility.” Successful transfers resulting from this project demonstrate that a systematic technology transfer process can be successfully applied to industries serving specialized and underserved niche markets.     

RICO: The genesis of an idea

In 1970, the Congress enacted the Organized Crime Control Act. Title IX of the 1970 Act is the Racketeer Influence and Corrupt Organization Act or RICO. This Act had its origins in legislation going back as far as 1934, but coming forward to 1961. The 1970 Act borrowed ideas from this earlier legislation, principally “enterprise,” but also the use predicate statutes to define “racketeering activity.” The ideas are not new, but their combination affects how prosecutors and law enforcement agents investigate, try, and sanction violations of the Act. RICO’s drafting also reflects organizational theory and economic analysis. The investigation and prosecution of a single crime committed by an individual on a single day and in a single place maybe done using one set of procedural and evidentiary rules. Nevertheless, the investigation and prosecution of patterns of diverse offenses committed by, through, and against licit and illicit enterprises require sophisticated procedures, evidentiary rules, and criminal sanctions. In addition, antisocial conduct is more than a challenge to the administration of criminal justice; it also requires the full panoply of civil sanctions, including public injunctions as well private enforcement of injunctive relief and treble damages. RICO has had a profound effect on the prosecution of organized crime, white-collar crime, and other forms of similar criminal behavior. William J. & Dorothy K. O’Neill Professor of Law, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws and Procedures of the United States Senate Committee on the Judiciary in 1969-70 when the Organized Crime Control Act of 1970, Pub. L. No. 91-542, 84 Stat. 922 (1970) was processed, Title IX of which is the Racketeer Influence and Corrupt Organization Act or RICO. For a general treatment of the statute from a variety of perceptive, see the collection of law review literature in G. Robert Blakey & Kevin Roddy, “Reflections on Reves v. Ernst & Young: Its Meaning an Impact on Substantive, Accessory, Aiding, Abetting and Conspiracy Liability under RICO,” 33 Amer. Crim. L. Rev. 1345, 1348 n. 3(1996).     

Corruption in public policy and its impact on development: The case of Uganda since 1979

This paper argues that corruption is a product of self-aggrandizement; of unrealistically low remuneration which makes it impossible for public servants to live within their legitimate means; and of a closed political system which inevitably tends to exclude aggregated interests'. Corruption leads to loss of much needed revenue and human talent for development, distorts priorities for public policy, and shifts scarce resources away from the public interest. The mutual distrust that results among the different sections of society, and the growth of despondency in the general public, are incompatible with the requirements for successful public policy. The main theme running through the paper is that political instability, corruption and underdevelopment are mutually reinforcing. The paper finally outlines certain measures that need to be taken in order to clear the path for sustained growth and development.     

From processing to analysing: Intensifying the use of microcomputers in development bureaucracies

This article examines constraints in development bureaucracies in intensifying the use of microcomputers as they move beyond processing applications to analysing applications. The work is based on the experience of several ministries of the Government of Kenya. Processing applications involve throughput of data and are relatively simple. Analysing applications, in contrast, are more complex and include data assembly, sensitivity analysis, and modelling. The article argues that processing applications are more compatible with the administrative cultures, bureaucratic functions, personnel skill levels and organizational structures of development bureaucracies. Analysing applications are less compatible because they require a level of training and motivation uncommon in development bureaucracies. Analysing applications are further thwarted by constraints in the supply of relevant information and the lack of demand for analysis by decision-makers. A four-cell matrix is developed which explains these constraints. The article concludes with several recommendations for encouraging microcomputer-based analysis, but cautions that processing applications will continue to dominate for the foreseeable future.