Of form and format

At a conference of Russian media lawyers and programme producersin Moscow this June, considerable attention was devoted to thelegal status of television and radio programme formats. Partof the cause of this attention was the apparent ambivalenceof the law: if you want to adapt a format that has been developedby someone else, the developer will assert its ownership ofthe format right and threaten     

The view from below: Local government and Putin's reforms

Local government reforms in contemporary Russia are placed in the broader contexts of political reform under Putin and the historical relationship between local administration and the state. Reforms of local government thus help illuminate the architecture of contemporary state building in Russia and the degree to which contemporary Russia perpetuates political traditions. This study reviews the antecedent action in local government prior to the Putin era. It then examines the Kozak Commission and the new law on local government, assessing the strengths and weaknesses of these reforms. Finally, this study examines the challenges of implementing the reforms and what these challenges tell us about devolution and centralisation under Putin.     

Criminal culpability: The possibility of a general theory

In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure of culpability, which is shaped as much by shared cultural understanding as by moral theory.     

ALMOST,BUT NOT QUITE: THE FAILURE OF NEW YORK'S GET STATUTE

The quandary of Jewish women unable to remarry because of their husbands’ refusal to grant them religious divorces is a real problem affecting real people. Husbands are wielding this lopsided power to “extort” money from their wives, obtain favorable child custody settlements, property settlements, and child support payments. The burgeoning divorce rate is certain to exacerbate this problem. Already, this situation has garnered international attention. In the wake of New York's legislative attempt to remedy this problem, countries, including the United Kingdom and Australia, have promulgated legislative solutions to this dilemma. New York is the only state in the United States to pass such a statute. Unfortunately, New York's statute is flawed because it is of limited applicability and still allows for situations in which the Jewish wife is civilly divorced but religiously married. This Note proposes amending New York's statute to make it applicable to any and all divorce proceedings and to any barrier to remarriage. This Note will further recommend that the proposed amended statute should be adopted worldwide.     

A mesolevel comparative approach to maxi and mini strategies of public enterprise reform

Large-scale privatization is an unfamiliar area of public policy. The practice and study of property reforms and privatization needs to include mesolvel phenomena such as laws, regulations, institutions and standard operating procedures. There has been little comparative analysis of privatization programs around the world. The author argues that analysts should compare the most immediately relevant institutional environment of the enterprise. Conceptually, this mesolevel system is situated between the firm and the macroeconomy. This system of action is especially fruitful for cross-national comparisons of privatization programs because it is at this level that privatization strategies are designed. The problem for Eastern Europe and for less-developed countries is lack of experience with the relatively light economic regulation that characterizes industrial countries. Government leaders must also decide how much effort to devote to privatization of state-owned enterprises and how much to fostering private sector investment in new firms. Ernest J. Wilson, III is affiliated with the National Security Council, Washington, D.C.     

Proficiency testing (external quality assessment) of drug detection in oral fluid

Eighteen external quality assessment (proficiency testing) samples were prepared from client specimens collected with the Intercept^® oral fluid collection device and by spiking drug-free oral fluid. Samples were circulated in pairs at quarterly intervals to 13 UK and USA based laboratories for analysis by a panel of OraSure micro-plate Intercept^® enzyme immunoassay kits and hyphenated mass spectrophotometric techniques. During the survey, there was a single case of non-specificity in a false report for methadone. The major errors were of lack of sensitivity relative to the concentration thresholds specified for the immunoassays. The sensitivity for overall ‘present’/‘not found’ reports calculated as true positives/(true positives + false negatives) were for the amfetamine specific assay 50%, methyl-amfetamines 93%, barbiturates 64%, cannabinoids 73%, cocaine and metabolites 100%, benzodiazepines 69%, methadone 95%, opiates 79% (opiates excluding oxycodone 93%), phencyclidine 93% and human gamma-globulin 97%. A small number of the sensitivity errors were attributable to errors in chromatographic confirmation techniques.