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Since 2015, when the UK legislated a target for aid spending, the nature of its spending on official development assistance has changed significantly. Government departments not traditionally associated with spending aid have found themselves in charge of disbursing aid funds as a result of that year's spending review. The vote to exit the European Union has subsequently introduced a number of uncertainties. What considerations will be at play in UK aid spending after Brexit? What will become of official development assistance currently spent through European mechanisms? In what sort of configuration might the Department for International Development and other government departments find themselves? The focus of this paper is on how the vote to leave the European Union might affect the way the UK spends aid. It asks whether the legal framework for this spending is robust enough to withstand the demands that a new post-Brexit political and economic context will make. [ABSTRACT FROM AUTHOR]

We live our lives in an often-unseen transnational counter-terrorism order. For almost two decades now, counter-terrorist hegemons have been acting on multiple transnational levels, using a mixture of legal, institutional, technical and political manoeuvres to develop laws, policies and practices of counter-terrorism that undervalue rights, exclude civil society, limit dissent and disagreement, and expand greatly the reach of national and transnational security. The assemblage of laws, institutions, forums, processes, bureaucracies, and cooperative networks that have emerged from these machinations should be understood as a transnational counter-terrorism order that is intended to instantiate on a global level 'an arrangement of social life...[that]...promotes certain goals or values' (Bull), whether or not they conflict with rights, whether or not they emerge from legitimate and participatory processes. This paper brings together various seemingly-technical or esoteric strands of law, institutions, policy and politics to show their connections, interdependencies and interactions and, thereby, to illustrate the emergence of this transnational counter-terrorism order. It argues that unless we recognise the connections between and multi-scalar implications of the seemingly disparate, sometimes opaque, and often bureaucratic elements that make up the transnational counter-terrorism order, its scale and implications will remain hidden in plain sight and we may find ourselves unable effectively to insist on fidelity to the constitutionalist values of rights, accountability, and democratic legitimacy. [ABSTRACT FROM AUTHOR]

Hong Kong provides a unique case study on the roles and functions of the judiciary within an authoritarian or semi-authoritarian sovereign. Under the unique constitutional arrangement in Hong Kong, a liberal common law judiciary in a highly sophisticated modern metropolis is encapsulated within a Socialist-Leninist sovereign regime that ideologically rejects separation of powers, independence of the judiciary and values of individual liberalism. Notwithstanding the sharp ideological differences and the greatly asymmetrical distribution of social, economic and political powers in this One Country, Two Systems constitutional model, it is argued that the relationship between the courts and the authoritarian sovereign power is and has been complex and dynamic. The Hong Kong courts have been able to create their institutional space by establishing an impressive liberal constitutional common law, but that constitutional space is shrinking as the over-zealous sovereign is increasingly assertive of its views on matters that it perceives to be affecting state interests. By examining a series of controversial decisions, this paper argues that there are reasons that the courts could, with creativity and sensitivity, maintain a delicate and balanced relationship with the sovereign without succumbing to the political pressure, but that the greatest threat of independence of the judiciary comes from within the judiciary in internalizing the values of the socialist state. [ABSTRACT FROM AUTHOR]

Background Inflammatory bowel disease [IBD] includes chronic, disabling and progressive conditions that need a complex approach and management. Although several attempts have been made to standardize the care of IBD patients, no clear definitions of a global 'standard of care' are currently available. Methods We performed a systematic review of the available literature, searching for all relevant data concerning three main domains of standards of quality of care in IBD patients: structure, process and outcomes. From the literature search, 2394 abstracts were retrieved, and 62 relevant papers were included in the final review. Results Standards of quality of care in IBD include several aspects that can be summarized in three identified domains: structure, process and outcomes. The suggested structure of an IBD Unit includes a multi-disciplinary approach, effective referral processes, improved access using helplines, and departmental guidelines/pathways with identification of measurable quality indicators. Coordinated care models which incorporate a multi-disciplinary approach, structured clinical pathways or processes for the diagnosis, monitoring and treatment of IBD, fast-track recovery from IBD surgery, designated IBD clinics, virtual clinics and telemanagement are currently considered the main standards for process, although supporting data are limited. Several consensus statements on outcomes and quality indicators have been reported, focusing on outcomes in symptoms, function and quality of life restoration, survival and disease control, in addition to effective healthcare utilization. Conclusions The results of this systematic review can provide the basis for general recommendations for standards of quality of care in IBD. [ABSTRACT FROM AUTHOR]

Robust policy design is an activity that is ‘done’ by policymakers; in this paper we look further into how exactly robust policy design is done. We use the literature on strategizing to distinguish various theoretical perspectives on how policy design is done in practice. Moreover, we conducted a survey-feedback study with a group of senior level policymakers to see what they do when ‘doing’ robust policy design, how they think it should be done, and what they think are challenges for doing robust policy design in the context of a public organization. The study shows that although the language of strategy and policy design is rooted in the rational-analytical ‘planning’ approach, other perspectives are in fact more suitable for designing robust policies for deeply uncertain and volatile conditions. Moreover, our study shows that practitioners are well-aware of this bias; they have developed practical ways to combine the rational-analytical approach to design that is expected from them with other approaches for doing design. [ABSTRACT FROM AUTHOR]

Policy often has to perform amidst uncertain and rapidly changing conditions. Robustness is the ability to perform and achieve intended effects under unknown conditions. Robust design can benefit from the capacity to anticipate developments early. A system of early warning is a method to anticipate change early and help policy design to be more robust. Early warning can enable moment of ‘consecration’, moments where reflection on assumptions and biased of policy design can be challenged and changed; this can be an important addition to the robustness of policy design. However, early warning is not unproblematic; it is an organizational practice that inherently invokes issues of habituation, organizational bias, as it challenges the status quo. In this paper, we study how policy makers who ‘do’ early warning in the context of robust policy engage with these issues and how they managed to improve the robustness of policy design. We do so by studying an empirical case of an early warning system in The Netherlands. We analyze how the system was build, how it worked, how it was further professionalized, and what the system did to the capacity of the organization to design and deliver robust policy. [ABSTRACT FROM AUTHOR]

Faced with growing policy complexity and environmental uncertainty, policymakers are increasingly concerned with ensuring that policy processes retain functionality amidst shock and uncertainty. In this paper, we seek to address the ways in which robustness - or the capability of policies to maintain functionality and effectiveness in policy goal attainment - can be designed into policies, institutions or systems. We suggest that robust policy designs can be characterized by diversity, modularity and redundancy, whereas robust policy design processes require the presence of polycentric decisional process, political capacity and technical capacity. In identifying these design elements of policy robustness, we argue that robustness is a property that can be designed to ensure that policies continue to deliver, over time, its intended functions, purposes and objectives, even under negative circumstances. [ABSTRACT FROM AUTHOR]

Governing complex environmental issues involves intensive interaction between public and private actors. These governance processes are fraught with uncertainties about, for example, the current state of environmental affairs, the relevant set of decision alternatives, the reactions of other actors to proposed solutions or the future developments likely to affect an issue. Uncertainty comes in different shapes and sizes and different strands in the literature, which has placed emphasis either on the substance of the issue (e.g. in environmental sciences) or on the decision-making process (e.g. policy sciences). In this paper, we bring together these different strands of literature on uncertainty to present a novel analytical framework. We build on the argument that the nature of uncertainty consists of three types: epistemic uncertainty (involving the lack of knowledge about a particular system), ontological uncertainty (irreducible unpredictability due to inherently complex system behavior) and ambiguity (conflicts between fundamentally different frames about the issue at hand). Scholars have also argued the importance of differentiating between three different objects of uncertainty: substantive uncertainty (uncertainty about the content of decisions or policy issues), strategic uncertainty (uncertainty about the actions of other actors in the strategic game of decision-making) and institutional uncertainty (uncertainty about the rules of the game in decision-making). The framework is useful for analyzing and addressing the nine lives of uncertainty in decision-making. Better understanding of the range of uncertainties is crucial to design more robust policies and governance arrangements and to deal with wicked environmental problems. [ABSTRACT FROM AUTHOR]

This paper discusses how varied policy analytical capacity can be evaluated at the systemic level through observed gaps in environmental data monitoring and reporting among countries. Such analytical capacity at the knowledge system level facilitates transparency and credibility needed for nation-states to cooperate on issues requiring global coordination, including “super-wicked” environmental issues like climate change. So far there has been relatively sparse attention paid to whether countries will have the ability – or policy analytical capacity – to report the necessary data and indicators required for the next round of global Sustainable Development Goals (SDGs) being proposed. In this paper, I argue that the varied policy analytical capacity within the global environmental knowledge system necessitates the participation of new institutions and actors. Identifying gaps in data availability at a global, systemic scale, this paper presents a proxy measure of policy analytical capacity based on publicly-reported national statistics of air and water quality performance. Such discrepancies evaluated at a systemic level make a case for channels by which citizen scientists, independent watchdogs, private sector companies and third-party organizations can participate to enhance the policy analytical capacity of governments. [ABSTRACT FROM AUTHOR]

The clinical trial landscape in ulcerative colitis has evolved significantly in recent decades. Study endpoints have been shifting from mere clinical response to mucosal healing. It has become clear that the choice of combined clinical and endoscopic outcome criteria leads to a reduction in placebo responses, especially when central reading of the endoscopic images is performed. Accumulating evidence suggests that histological remission yields better long-term outcomes for ulcerative colitis patients than mucosal healing alone, and clinical trials with prolonged followup will have to address whether histological remission should be the ultimate treatment goal in ulcerative colitis. In recent years there has also been increasing interest in the implementation of patient-reported outcomes in clinical practice and research, and the regulatory authorities have set up guidelines for the development of such outcomes. This paper aims to provide a comprehensive review of historical aspects of clinical trials in ulcerative colitis and to discuss challenges and perspectives for clinical trials in the near future. A thorough analysis of all available landmark literature (both original papers and reviews) on clinical trials in ulcerative colitis was performed. [ABSTRACT FROM AUTHOR]

Offices of Inspectors General (OIGs) promise increased accountability from governmental actors. OIGs do so by monitoring governmental programs and operations and providing their findings to legislative or executive decision makers and/or the public. These offices have enjoyed a particular popularity in the United States in the last 40 years; however a close examination of these OIGs demonstrates that, particularly on the state and local levels, there is vast variation in their designs. Using both original qualitative and quantitative data this paper examines the extent to which OIGs on the state and local levels vary from an archetypal OIG. The paper demonstrates that while design variations occur as the new institution is adopted in new places, sometimes deviations from the archetype are attributable to an intentional effort, based on a recognition of and reaction to the potential power of an OIG structured according to a theoretically ideal model, to restrict the office in ways that have the potential to undercut effectiveness. [ABSTRACT FROM AUTHOR]

Police departments in the United States have been increasingly involved in placing their sworn officers in off-duty jobs. Individual officers, commanders or union representatives in a number of police agencies earn commissions by brokering off-duty jobs for fellow officers, a practice the US Department of Jus tice characterized as an “artery of corruption” in the New Orleans Police Department. In response to actual or potential corruption by entrepreneurial officers and unions acting as employment brokers, many police agencies now directly place officers in off-duty jobs. Corruption has tainted agency-managed officer placements as well, leading to corruption charges against Pittsburgh's Police Chief and bringing into stark relief how departments generate business and account for commissions earned by placing fully uniformed officers in private employment via “police details”—as the practice is commonly called. This paper looks at “police details” in terms of the realized and potential types of corruption they engender, and the kinds of off-duty employment activities that pose integrity threats, both for the individuals involved and for their law enforcement agencies. The paper concludes by discussing public policy questions raised when police agencies and officers monetize taxpayer-funded training, symbols of office and equipment in order to command premium wages in off-duty employment. [ABSTRACT FROM AUTHOR]

Corruption demoralises government and weakens the whole endeavour of policy formulation and its implementation. It diminishes services and causes fiscal stress, but most of all it undermines trust and corrodes legitimate community expectations. Corruption takes many forms and is found in many contexts. This paper develops a framework for the analysis of corruption which identifies types, activities, sectors and places (TASP). With the TASP framework identified or suspected corruption in any setting can be analysed as a precursor to the controls and processes that are most appropriate for the control and modification of corrupt behaviour, which ideally can enhance public sector performance. The TASP framework assists in pinpointing the nature, location and context of public sector corruption, and illustrates more precisely where the risks of corrupt activity might arise. This paper demonstrates, with empirical work from New York City and the State of Victoria in Australia (Australia's second most populous state), that more precise classification and characterisation of the nature and types of corrupt activity is an essential precondition to the development and design of targeted anti-corruption measures. [ABSTRACT FROM AUTHOR]

Like the Supreme Audit Institutions of many other OECD countries, the Danish National Audit Office has stepped up its performance auditing of public administrations and agencies in order to ensure that they provide value for money. But how do performance audits contribute to making state institutions change their conduct? Based on the case of the Danish National Audit Office's auditing of the quality of teaching at Danish universities, this paper seeks to show, first, that the quantification and, by the same token, simplification of the practices subjected to performance auditing are key to understand how SAIs render complex activities amenable to assessment. Secondly, the paper seeks to show how the quantification of the quality of university teaching contributed to make academic staff and universities, groups that have a large room of professional autonomy, viewing, assessing and, ultimately, govern their teaching activities differently. [ABSTRACT FROM AUTHOR]

Performance measurement (PM) in the public sector has progressively broadened to cover the operation of professionals traditionally framed as independent and autonomous. How PM reconstitutes the role and conduct of professionals is critical for understanding contemporary dynamics of policy and governance, and service provider-service user relationships. Building on Lipsky's classic Street-level Bureaucracy, this paper examines the ways in which street-level professionals are reconfigured in their roles as evidenced by the operation of Australia's schooling PM, NAPLAN. The paper reports findings from a project examining the effects of PM in social policy. Attention is given to the ambiguous and conflicting goals arising from measuring literacy and numeracy performance and the varied ways performance numbers are used by management for teacher governance at the street-level. These considerations have implications for the effectiveness of PM in delivering service improvements, the experience of service users, and the achievement of policy objectives. [ABSTRACT FROM AUTHOR]

Introduction: Colectomy is a major event that may significantly affect the outcome of ulcerative colitis (UC) in terms of both quality of life and mortality. This paper aims to identify clinical prognostic factors that may be significantly associated with this event. Methods: PubMed, ISI Web of Knowledge and Scopus were searched to identify studies investigating the association between clinical factors in adult patients with UC and studied events. The clinical factors evaluated in this meta-analysis were gender, smoking habits, disease extent, use of corticosteroids, and episodes of hospitalization. Results: Of the 3753 initially selected papers, 20 were included. The analysis showed a significantly lower risk of colectomy for female patients (odds ratio [OR] 0.78 [95% CI 0.68, 0.90]) and for smoking patients (OR 0.55 [0.33, 0.91]), and a higher risk for patients with extensive disease (OR 3.68 [2.39, 5.69]), for patients who took corticosteroids at least once (OR 2.10 [1.05, 4.22]), and for patients who were hospitalized (OR 4.13 [3.23, 5.27]). Conclusion: Gender, smoking habits, disease extent, need for corticosteroids, and hospitalization were all significantly associated with UC prognosis. These results may clarify the relative influences of these and other prognostic factors in the natural course of the disease and therefore help improve the management approach, thus improving the follow-up of patients. [ABSTRACT FROM AUTHOR]

According to the common understanding, tort law is the branch of private law whose set of positive rules, institutions, and procedures aims to shift the costs of accidents from the victim to a different subject. Similar accounts of tort law are widespread and uncontested, yet they fail to do justice to the overall role tort law plays in societies. Tort law does not live in legislatures, law firms, courts, and law books only. It also lives "in the shadow" of the official system of adjudication: in the offices of insurance companies; in people's notions about injury and risk, responsibility and justice; in the languages and images associated with law in mass-generated popular culture; as well as in public debates about what values should be protected and promoted, at what costs, and at the expense of whom. On the assumption that tort law is at the same time a product and a constituent of the very cultural framework in which it is embedded, the aim of this paper is to explore its cultural dimensions in a broad comparative perspective. Combining insights from legal anthropology, socio-legal literature, legal history, and comparative law, the article tries to understand the role that, in Western and non-Western legal traditions, tort law plays in responding to, and managing social conflicts. In this perspective, the paper studies the cultural frameworks that sustain the adjudication process outside and inside the courtrooms, and analyzes how notions, practices, and remedies of tort law "in action" vary across different social and cultural settings. It then puts forward some conclusions about the extent to which tort law notions, ideas, concepts, categorizations, and perceptions influence and, reciprocally, are influenced by the cultural framework of which they are an expression. [ABSTRACT FROM AUTHOR]

It goes back to 1932 when Dr. Burrill Bernard Crohn and co-workers published their landmark paper, describing regional ileitis as a disease entity. However, clinical trial research has been developing rather slowly in luminal Crohn's disease. It took until the early seventies before the first randomized clinical trial was set up by the National Co-operative Crohn's Disease Study (NCCDS) group. Although the efforts of this group triggered a first wave of clinical trials in Crohn's disease, the lack of guidelines for conducting a clinical trial in this research area resulted in a variety of study designs and much criticism. Besides having a rather small sample size and a short follow-up time, they were often characterized by vague and subjective assessment of disease activity and treatment response. Following the advent of a new and very potent drug class in the late nineties, the anti-TNF agents, investigators started to re-think their study protocols and the first guidelines were set up by the regulatory authorities. Over the last 15 years, clinical trials in luminal Crohn's disease have been evolving significantly. Inclusion criteria have been shifting from clinical scores such as Crohn's Disease Activity Index (CDAI) to more objective disease activity parameters such as biomarkers (C-reactive protein and faecal calprotectin) and endoscopic lesions. Primary endpoints have been developing from clinical response to corticosteroid-free remission and more ambitious end-points such as mucosal healing. In this paper, we will give a historical overview on clinical trials in luminal Crohn's disease, before and within the biologic era, and provide insight into how they have shaped our current understanding of trial designs in Crohn's disease. [ABSTRACT FROM AUTHOR]

Recently the Japanese government revised its copyright law, and one of the major changes in it is that illegal downloaders in Japan now face up to two years' imprisonment or a fine of ¥2 million (approximately US$19,265), or a combination of the two for downloading certain kinds of copyrighted content. These momentous changes have triggered backlashes around the country from below, as might be expected. Interestingly, the industrial practices of Japanese content industries have developed certain domestic and foreign copyright-related strategies that tolerate some alleged copyright-infringing fan activities. This paper argues that, although some of these strategies are incompatible with the current copyright law regime, and specifically the aforementioned revision to Japan's copyright law, they have unconsciously created unexpected positive outcomes. This paper uses an integrative approach that combines market analysis and comparative law methods--to examine these copyright strategies, and proposes an alternative solution to deal with the copyright problems raised by fanbased activities. [ABSTRACT FROM AUTHOR]

This Article studies the career and academic work in the field of European law by Eric Stein (1913-2011), the University of Michigan Law School professor who is often acknowledged as the father of English legal scholarship on the European Union. Few - if any-experts on European law can indeed claim to have had a career as long, prolific, and influential as Eric Stein's. From 1955 to the very end of his life, the Czech-born American scholar produced numerous books and dozens of papers on European legal integration, including his 1981 classic Lawyers, Judges, and the Making of a Transnational Constitution. The present Article focuses on his life and career until 1983 and is structured in three chronological periods. It traces his personal and professional journey from his native Bohemia to his appointment at the University of Michigan Law School, then contextualizes and analyzes some of his most influential academic writings on Community law. It argues that Stein's success resulted from his correlated abilities and efforts to produce (alone and in collaboration) pathbreaking academic research on the development of European Community (EC) law and institutions, to establish the University of Michigan Law School as a renowned center of excellence in European legal studies, and finally to develop an extensive network with European scholars and communities officials. This Article is based on Eric Stein's personal papers and interviews as well as on several key private archives. [ABSTRACT FROM AUTHOR]

Quality assurance (QA) has received increasing attention in the Chinese higher education (HE) sector. This paper examines the QA system in HE in China and its influence on university governance and academic performance. It starts with an introduction into the development of the QA system, and is followed by a discussion of how QA affects accountability and autonomy from the perspective of the faculty. Given that different stakeholders have different understandings of education quality, the next section contributes to the debate on whether the current system is designed for improvement of learning experience, or as a means of effective government control. This paper concludes by highlighting the importance of involving faculty and students in the current QA system to enhance the quality of HE. [ABSTRACT FROM AUTHOR]

This paper traces the developments of quality assurance in the Italian university system since the early 1990s. Based on the theoretical assumption that the 'quality assurance' label covers a wide range of different mixes of policy tools by means of which governments regulate (substantially at a distance) the systemic dynamics of their university systems, this paper adopts a mechanistic perspective in order to show how the Italian version of quality assurance, and of the respective NPM policy tools, has been significantly affected by the ambiguity of governments' approaches to the question, and by the basic inability of universities to perform as corporate actors. This has resulted in quality assurance policy becoming yet another set of formal rules to be complied with, and has had the effect of partially re-centralizing the governance of the entire university system. [ABSTRACT FROM AUTHOR]

Our paper investigates the emergence and development of quality assurance (QA) for teaching in the Netherlands since the mid-1980s. We conceptualise our paper on the background of the multi-level study of New Public Management (NPM) as a narrative of political change, as a choice of certain policy instruments and distinct organisational forms, and as a set of practical control technologies. We show how the specific policy regime of corporatist negotiations and Rechtsstaat instruments deflected QA as a 'hard' NPM-policy. QA has nevertheless been instrumental within a wider NPM-inspired policy mix for achieving new ways of governmental control of universities and managerialist control within universities. We conclude by arguing that an important function of QA has been to provide 'legitimacy through procedures'. [ABSTRACT FROM AUTHOR]

Our paper investigates the emergence, development and contested nature of quality assurance (QA) in the European policy arena as part and parcel of the Bologna Process. We conceptualise our paper on the background of the study of multi-level and multi-actor dynamics between national, inter-governmental and supranational policies; we discuss the changing ideational framing of QA in the European policy arena, and attempts at European norm-setting and standardisation. QA in the Bologna Process moved from a non-binding inter-governmental agreement towards monitored coordination and became embedded in the competitive turn in European higher education policy stressing an instrumental view of the university. QA policies unfold coercive pressure for convergence alongside soft templates and prototypes of 'best practice'. The impressive architecture of Bologna leaves, however, ample room for national and institutional design in policy implementation and a variety of preferences and interests of actors at different levels. [ABSTRACT FROM AUTHOR]

This paper examines the landscape of policy work conducted by NGOs with respect to the social inclusion agenda. Based on a qualitative case study of integration policy in a Czech city, the paper focuses on the relations between collaborative and critical policy work of NGOs. In this case, while the collaborative position is mainly justified by apolitical expertise, long-term professional experience and compliance with official standards of social work, the latter calls upon community-based knowledge and political participation. We argue that despite indisputable long-term benefits of collaborative policy work it includes risks of paternalism, accountability deficit and exclusiveness. These risks become more significant with increasing shared understanding and mutual interdependence. In this situation there is a room for the episodic external critical capacity to challenge the governance structure and enforce the accountability of collaborative networks. [ABSTRACT FROM AUTHOR]

Brazil is renowned worldwide for its remarkable reforms in pharmaceutical regulation, as the Generic Drug Act that have enhanced access to essential medicines while lowering drug costs. In contrast with analysis of pharmaceutical regulation that invokes international guidelines as inspiration for countries to reformulate their norms or argues that regulations emerge in order to serve the interests of powerful interest groups; this paper focuses on actors' preferences and demands to explain how Brazil promoted this large-scale regulatory policy. Paradoxically, the generic drug regulation introduced in the name of patients and opposed by local firms given the high cost to adapt its plants and processes, is today opposed by important patient advocacy groups but solidified by the strong support of local and multinational pharmaceutical firms. The paper concludes that the state still matters for pharmaceutical regulation and that pharmaceutical regulation is only partially influenced by non-state actors. [ABSTRACT FROM AUTHOR]

The logic of fuzzy sets derived from the mathematical theory developed by Zadeh (1965) has not only influenced the development of fuzzy set qualitative comparative analysis (fs/QCA), but has also found entry into poverty research. The aim of this paper is to point the reader to these parallel developments. Poverty researchers necessarily have to make two methodological choices which are always contestable: the identification of a poverty line or threshold, the identification problem, and the choice of a unit of analysis as well as of a measure, the aggregation problem. Current theoretical and practical contributions to poverty research have pointed to the vagueness of the concept itself and the complexity of its measurement and have made use of fuzzy set logic to address these challenges. As shall be argued, fuzzy set theory provides a solution or at least a less arbitrary way forward to address these problems and is particularly suitable for the analysis of multidimensional poverty. Using unique household level data from two villages of Andhra Pradesh, India from 2007, the paper provides an illustrative example of what steps to take to derive a multidimensional poverty index based on fuzzy set theory and discusses the distinct advantages such a procedure offers for policy analysis and evaluation purposes. [ABSTRACT FROM AUTHOR]

This paper presents a Qualitative Comparative Analysis (QCA) analysis of data produced as part of the evaluation a Nation Health Service commissioned intervention in the North East of England. QCA is a case-oriented method that allows systematic comparison of cases as configurations of set memberships based on their attributes and the relationship of these to particular outcomes. QCA provides an alternative to conventional quantitative approaches which are generally concerned with isolating the independent effect of one variable whilst controlling the influence of others. Instead, QCA allows for interactions between multiple attributes and recognises that the same outcomes may be generated by different configurations of attributes. The intervention evaluated provided case management for individuals who were out of work due to ill health, and had been for three years or more. It aimed to improve the health of individuals and move them closer to the labour market. The intervention and a comparison group were assessed at base line (T1), after 3 months - (T2) after 6 months (end of the intervention - T3) and after 9 months (three months post intervention - T4). The size of the respective populations at each time point were, Intervention group at T 1, N = 131, T2, N = 44, T3, N = 79, T4, N = 95. Comparison group at T1, N = 229, T2, N = 188, T3, N = 166, T4, N = 1 General health was measured using EQ5-D (a standardised instrument for use as a measure of general health outcome) and SF-8. Two condition specific measures were included: the Hospital Anxiety and Depression Scale (HADS) and the Nordic Musculo-skeletal questionnaire. Data was also collected on socio demographics (gender, age, housing tenure), social capital (contact with family and friends and participation with the wider community), and work history (previous jobs, time spent in the job, time spent on sickness absence). The aim of the QCA analysis was to identify whether individuals with certain characteristics or combinations of characteristics benefited from the intervention. In order to do this the cases were sorted according to whether their EQ-5D VAS (Visual Analogue Scale) scores (a self rated measure of general health) narrowed or did not narrow towards the population norm for the measure between baseline (T 1) and (T4) 9 months (three months post intervention - T4). Cases which narrowed towards the UK population norm of 82.48 were judged to be experiencing a health improvement whilst those whose scores did not narrow towards the norm were judged to not have experienced a health improvement. A crisp set (cs) QCA analysis was then performed. The paper assesses the benefits of using QCA, and asks whether it can provide a viable and practical tool for social policy evaluations. [ABSTRACT FROM AUTHOR]

The concept of coproduction primarily refers to direct user involvement in the production of services. This paper identifies the main dimensions of this broad and at times fuzzy concept and focuses on types and styles of leadership that can emerge from, and sustain, effective coproduction practice. We do so by carrying out a narrative review of cases of coproduction in the UK, with a focus on the role of citizens, bureaucrats and, specifically, local politicians, to unpick how the latter can facilitate or hinder coproductive processes. The analysis distances itself from a traditional understanding of leadership to examine relational dynamics rather than organisation structures as the key variable of leadership within coproductive practices. [ABSTRACT FROM AUTHOR]

Patient-centered care and health services’ co-production are the cornerstones of the health care system of the future. These constructs rely on the reconceptualization of the patient as a co-deliverer of care. While studies about the intrinsic value-added of health services’ co-production are prominent, the risks of value co-destruction attached to patient involvement have been widely neglected. In an attempt to fill this gap, this paper draws on the ‘health literacy’ perspective to conceptually explore the ‘dark side’ of health services’ co-production. Value co-destruction is understood as a two-way street, where both the health care professionals and the patients are likely to walk, either intentionally or unintentionally. Individual and organizational health literacy are proposed as two essential ingredients of the recipe for effective health services’ co-production, reducing the risks of value co-destruction in health services’ provision. [ABSTRACT FROM AUTHOR]

The Bank of International Settlements (BIS) is known to be the ‘bank of central banks’ and a confidential place where central bankers meet to discuss policies. However, this contribution shows that it is also far more. Economic research and policy-making are closely connected within the BIS. Researchers and analysts provide knowledge for financial regulation and introduce new approaches to policy-makers who meet within the BIS-hosted bodies, such as the Basel Committee of Banking Supervision. The Monetary and Economic Department of the BIS operates like a think tank in the field of financial policy-making. This is exemplified by the introduction of macroprudential regulation, a new approach that originated within the BIS. By combining post-structural discourse theory with the concept of discourse coalition, this paper shows how macroprudential regulation became a frame of reference promising to maintain financial stability and how the BIS benefits from this. [ABSTRACT FROM AUTHOR]

The New Economics Foundation and the Adam Smith Institute are at opposite ends of the British think tank scene. As such, their policy proposals following the 2008 financial crisis could hardly be more different. Whereas NEF saw the crisis as an opportunity to advance substantial reforms to the British economic model, the ASI sought to combat surging criticisms of market deregulation and found the root of the crisis in state intervention. Given these contrasts, this article traces these organisations’ intellectual and institutional transformations between 2007 and 2013. Based on interviews and documentary analysis, this paper compares their organisational structure, sponsors, output and perceived policy impact. Overall, the financial crisis had substantial effects on these think tanks’ research and funding, but perhaps the most significant transformation relates to their efforts to reposition themselves to reach and construct new publics. By 2013, NEF promoted alternative narrative frames to the austerity discourse, while the ASI sought to reach those ‘not already convinced’ of the advantages of free markets. [ABSTRACT FROM AUTHOR]

In their modern form, aggravated damages burst on the legal scene in 1964. Their nature is contestable. Commentators tend to argue that they compensate for losses associated with the plaintiff's dignity. This paper argues that this view is both too narrow and too wide: too narrow because aggravated damages have not been limited to losses that can be so described ; too wide because the view is based on the assumption that aggravated damages are an independent head of damage. Properly understood, aggravated damages are relevant in the assessment of damages, compensating for recoverable tangible or intangible losses that are incapable of objective monetary assessment and that have been increased by reason of the nature and circumstances of the defendant's wrong. Their justification is the need to avoid the risk of under-compensation in such cases. [ABSTRACT FROM AUTHOR]

Over the past decades, research on policy formulation, especially research on agenda-setting, has demonstrated that the actions of individuals (or groups) labelled 'policy entrepreneurs' constitute a central aspect of the public policy process. Agenda-setting theoretical models (John Kingdon's multiple streams model and Baumgartner and Jones's punctuated equilibrium theory) view those actors from different perspectives, stressing different features of their role in the policy process. Both models consider the policy entrepreneur an essential actor in their explanations of policy maintenance or change. In Brazil, although the study of public policy has experienced periods of strong expansion during the past decades, there is still a lack of detailed data on the application of such models and the role of policy entrepreneurs in such analyses. This paper aims to present and discuss the centrality of policy entrepreneurs in agenda-setting models by analysing this important actor and the limits and contributions of this conceptualization for understanding the policy process. In addition, this research analyses the central role of the policy entrepreneur and presents empirical findings of Brazilian policy studies, thus highlighting implications regarding the concept for these three theoretical approaches. [ABSTRACT FROM AUTHOR]

Political science and public policy scholars have long emphasised the importance of understanding institutional change and policy entrepreneurship. This review article is a response to this call in the context of reform in macroeconomic bureaucracies. Adopting a 'systematic' approach to reviewing the literature, this paper investigates when, why and how institutional reform in key monetary and fiscal macroeconomic bureaucracies (i.e. central banks, treasuries, and ministries of finance) takes place. It reviews 29 selected articles on reforms in these bureaucracies published in Thomson & Reuters Web of Knowledge's Social Science Citation Index, JSTOR, Sage and Wiley databases from 1980 to 2015. It shows that the current state of knowledge about institutional change in key macroeconomic bureaucracies is characterised by a lack of sufficient bridge-building among variants of institutional approaches as well as between institutional theory and public policy theory, resulting in persistent knowledge gaps. Against this background, the present review contributes to the body of knowledge on this topic in two main areas. First, it reviews the literature systematically to provide an overview of the key theoretical and empirical characteristics of when, how and why institutional reform takes place in these bureaucracies. Second, it identifies gaps and future avenues of research to stimulate progress in this important area of study. [ABSTRACT FROM AUTHOR]

Institutional entrepreneurs are vital for facilitating non-incremental health policy change in complex institutional settings where established traditions and practices carry considerable weight. This paper describes a comparative case study of health policy-making which shows that Kingdon's Multiple Streams Framework for non-incremental policy change requires enhancement to explain results in policy-making in two Westminster unitary majoritarian jurisdictions. The most similar systems comparative study found that historical, rational choice, organisational and discursive institutionalist approaches explained the policy change and variation observed better than agency-based approaches did. However, institutional entrepreneurs were important in both cases. Differences in coordinative discourse help to explain the differences in degree of change achieved in each case study and highlight the importance of discursive institutionalist approaches in bridging institutional and agency-based approaches. [ABSTRACT FROM AUTHOR]

This paper investigates how China's institutional context and characteristics affect the nature and agency of Chinese think tanks and if the marketization of the Chinese economy over the last generation has had an impact on the knowledge-policy interface. To do this, it marshals and deploys the knowledge regime framework that probes how ideas and institutions intersect to provide opportunities for knowledge actors to generate and transmit policy relevant knowledge. Through application, we can infer that China possesses a politically tempered knowledge regime that is far more plural and diverse than ever before but where policy influence is contingent on administrative linkages to different government ministries. Externalization of policy advice is thus largely a product of institutional parameters that condition the relationship between think tanks and various ministries; it is also being accelerated by a dramatic rise in supply of policy professionals that are available to influence policy from the sidelines. By demonstrating this, the paper transcends prevailing think tank accounts that have largely refrained from studying their rise vis-à-vis incumbent political contexts, which is critical to their existence and efficacy. [ABSTRACT FROM AUTHOR]

This paper aims to contribute to a larger research agenda concerning the possibility of meaningful transatlantic dialogue about private-law reform. Both the European Union and the United States regulate private autonomy extensively. In spite of contextual similarities, however, there are several barriers making dialogue among legal scholars difficult. In particular, the conversation about social justice--by now an important element of private-law reform within the European Union--is less prominent in American contract law scholarship. In U.S. legal academia, social justice is a matter for moral philosophers, development economists, and constitutionalists, and also provides normative frameworks for current property and torts debates, but its impact on contracts scholarship has declined over the past few years, and efficiency discourse has often replaced social justice parlance. Against this background, this paper takes a close look at a recent transatlantic exchange in matters of private-law reform--a Chicago Law School conference on a proposed Common European Sales Law-- and identifies a few counter-intuitive points of convergence between U.S. and European scholarship. Along the way, the paper also highlights structural and discursive incompatibilities, but concludes that the dialogue is, as a whole, valuable and should be kept alive. In designing post-national rules for private autonomy, Europe may draw better lessons from U.S. regulatory experiences if it first deconstructs the wholesale pro-market rhetoric of otherwise relevant literature. When this is done, the payoffs of American commentaries become more appreciable. Taking the lead from some Chicagoan insights, this paper recommends customizing the empirical investigation of EU markets so as to factor socio-economic asymmetries into the equation of private-law reform. [ABSTRACT FROM AUTHOR]

This paper focuses on the lessons drawn by the Dutch railways in their contacts with the Japanese railway sector over the last two decades. The transfers described in this paper do not result from a thorough problem analysis by policy-makers followed by a conscious policy transfer. Rather they result from largely uncoordinated actions that led to a growing consciousness within the Dutch railway sector of the existence of a useful benchmark located in the Japanese railway practices. The paper attempts to provide an answer to a number of questions: how have these contacts appeared, which factors contributed to or impeded their appearance, which lessons were learned, how are these lessons perceived by the railway sector, how much has been implemented, and is there more to come? To do this, the paper starts by providing an overview of the Dutch railway context, highlighting a few elements that were conducive to more openness for new solutions and presenting the main differences between the Dutch and Japanese institutional contexts, before presenting the contacts that took place, some resulting publications and their main findings. Using an explorative survey method, the paper then presents the perceptions of top and senior representatives of the Dutch railway sector who visited Japan, shedding more light on the perception that the sector currently has of the nature of the Japanese lessons and on the extent to which these are likely to be implemented. The paper then draws some general conclusions about this learning process, the change in stance that took place during the last two decades and on the remaining challenges for further learning. [ABSTRACT FROM AUTHOR]

In the last three decades, China has experienced dual decentralization in transforming its economy, resulting in decentralization and deconcentration in public administration and social service delivery. Under the policy framework of decentralization, particularly when welfare financing has been decentralized to local governments, the emergence of welfare regionalism is evident in China. This paper sets out against this policy context to examine how three local governments in eastern coastal areas in China handle changing labour welfare needs by institutionalizing social and labour protection measures to meet the local needs instead of implementing central policy. With particular reference to examine why regional variations exist in welfare provision even though the socio-economic development status is similar in these areas, this paper shows how different forms of capitals, government's governance style and diversity of industries have affected welfare arrangements for labour in China. [ABSTRACT FROM AUTHOR]

This study of decentralised institutions for forest management brings out the varied dimensions of local institutions and politics as they interface with property rights and decentralisation. Unlike the economic literature on decentralisation that is dominated by normative and prescriptive arguments on how a shift towards decentralisation should take place, this paper makes a case for recentering of the political in the decentralisation literature. This political study of decentralisation does not prescribe decentralisation rules, but weighs the different social, economic and ecological outcomes under varied local conditions. It takes note of the diversity of local institutions and politics in the interpretation of formal rules, power relations, legal rights, moral claims, social custom, and the establishment of informal institutional arrangements. This is done in the context of questioning the typologies of neat property regimes that are broadly categorised as -- open-access, state, private and common property -- in the economic literature. These widely accepted typologies are tested at the local level and it is found that ownership does not necessarily refer to control and use of resources. The paper highlights the heterogeneity of property regimes under which the village communities manage the forests, and points out that specific state-society relations in particular villages determine the entitlements of the villagers. Importantly, the nature of collective action on decentralisation and negotiation of institutional design has an impact on the consequences at the local level. As the local reality is based on varied local resources, institutions, political processes and social capital, uniform national or state policies have very different local outcomes. This paper asks if it is possible to evolve policies that incorporate diverse institutional arrangements with a combination of different kinds of property rights under decentralised local governance management. [ABSTRACT FROM AUTHOR]

Third party litigation funding (TPLF) has emerged as one of the most important developments in civil litigation. Courts and policy-makers in several countries are looking to each other as they debate the costs and benefits of this growing industry and the need for regulatory oversight. Such cross-pollination in the public and jurisprudential debates on TPLF can be enormously helpful, but must be approached with caution. The TPLF industry operates in very different procedural environments, and any comparative analysis must take into account the various jurisdictions' unique litigation culture and architecture. In this paper, the authors explore TPLF in the United States, Australia and Canada, with a focus on class action litigation in the latter two jurisdictions. They examine the historical development of TPLF, current practices, the legal and procedural context within which such funding takes place, and how each jurisdiction is addressing regulation of this form of finance. In the final part of the paper, they engage in a comparative analysis of TPLF in the three countries, and highlight important differences that may ultimately result in unique approaches to regulatory oversight of the industry. [ABSTRACT FROM AUTHOR]

This Paper presents the results of the first comprehensive empirical study of China's cases adjudicated under the statutory veil piercing regime introduced as part of the 2005 corporate law reform. It provides insights into the way Chinese courts have interpreted and applied the veil piercing doctrine, an area of law renowned for its complexity and uncertainty. Some comparisons are drawn between the results of this study and similar studies undertaken in common law jurisdictions, which served as a model for the new Chinese veil-piercing regime. The empirical findings are analyzed in an attempt to answer the question whether and how China's veil-piercing law has fulfilled its stated mission, namely to protect creditors. A number of suggestions are offered with a view to improve its efficacy. The Paper also applies the interest-group theory to explain and project the development of China's veil-piercing rules. The outcome of the research can be of considerable significance, especially to foreign lenders, business partners or investors in Chinese companies. [ABSTRACT FROM AUTHOR]

This paper aims to examine the possible impact that the internationalization of constitutional law may have on constitutional developments and the consolidation of constitutionalism and the rule of law in Africa. As an attempt to provide universal solutions to some of the common problems we face today, the phenomena of internationalization has seen the increasing willingness of legislatures and judiciaries to look beyond the national boundaries for solutions to domestic legal problems. In spite of significant developments since the 1990s, Africa is still faced with numerous challenges. After showing that the traditional conception of constitutional law never excluded some role for international law, the first section of the paper proceeds to examine the various ways in which the internationalization of constitutional law is influencing, reshaping and in certain instances, replacing domestic constitutional law in many African countries. It then considers some of the implications of the internationalization process on domestic constitutional law. It is shown that, in spite some criticism of this process as an infringement of sovereignty, the internationalization of constitutional law nevertheless acts as a sort of compensatory constitutionalism. The paper concludes that the reach of international law principles and standards in domestic constitutional law are likely to expand in the future and are critical to maintaining the momentum for constitutionalism in Africa at a time when ominous signs of authoritarian revival are emerging. [ABSTRACT FROM AUTHOR]

Despite increasingly sophisticated antidiscrimination laws, discrimination and inequality have proved remarkably resilient. This prompts questions about the limits of law's ability to achieve social change. One way forward is to fashion new legal tools, which impose duties to promote or achieve equality, rather than focusing on individual rights against specific perpetrators. In the past decade in Britain, such fourth generation equality laws have been developed in a distinctive format, requiring the decision-maker to "have due regard" to equality, rather than taking action to achieve such objectives. This standard has triggered a spate of judicial review cases, particularly in response to austerity measures imposing deep budgetary cuts on disadvantaged groups. This Paper's aims are two-fold. The first is to examine the judicial approach to the due regard standard in the light of recent regulatory theory. Do courts consider the due regard standard as a signal for deference, or can it be understood as an example of "reflexive law," facilitating deliberative decision-making rather than imposing external standards likely to meet with resistance from the regulated body? The Paper concludes that courts have struggled to deal with the regulatory challenges presented by the "due regard" standard, wavering between appropriate and inappropriate intervention. The second aim is an analysis of whether a deliberative standard is appropriate in the equality context. The record of judicial review cases demonstrates that such a standard risks legitimating or simply reconfiguring existing inequalities. [ABSTRACT FROM AUTHOR]

This Paper explores the interrelationship between U.S. and EU disability discrimination law in terms of founding principles, implementation and practice. It addresses the evolution of a "civil rights" model (broadly based on a social construct of disability) which underpins discrimination law in the United States, and its subsequent adaptation in the EU context to fit with a broader European social model. This Paper also examines the role of the UN Convention on the Rights of Persons with Disabilities in furthering the shift from civil rights approaches to locating disability rights within a broader theory of social justice, and the significance of the EU's conclusion of procedures necessary to ratify the Convention. Finally, it offers some perspectives on the future of a transatlantic dialogue on ensuring that people with disabilities are viewed as rights-holders, supported, and enabled to exercise their rights. [ABSTRACT FROM AUTHOR]

This paper examines how the EU seeks to export its 'market-governance' approach to energy policy to the Western Balkans: developing open markets and regulatory institutions to promote efficient, secure and sustainable energy. The paper argues domestic change is limited to date due to normative inconsistencies within EU policy. In particular, EU pressure to open energy markets are resisted by state owners and the domestic energy-intensive industries they subsidize, while environmental groups argue the EU has privileged market liberalization over environmental goals. The result is simple 'adoption' of EU rules with little evidence of transformation of the status quo. [ABSTRACT FROM AUTHOR]

An adequate assessment of crisis management failure (and success) requires a validated causal theoy. Without such a theory, any assessment of crisis management performance amounts to little more than a "just so" story. This is the key argument of this paper, which describes how hindsight biases and selective use of social science theory gave rise to a suggestive and convincing - but not necessarily correct - assessment of NASA's role in the Columbia space shuttle disaster (l February 2003). The Columbia Accident Investigation Board (CAIB) identified NASA's organizational culture and safety system as a primary source of failure. The CAIB report reads as a stunning indictment of organizational incompetence: the organization that thrilled the world with the Apollo project had "lost" its safety culture and failed to prevent a preventable disaster. This paper examines the CAIB findings in light of the two dominant theoretical schools that address organizational disasters (normal accident and high reliability theory). It revisits the Columbia shuttle disaster and concludes that the CAIB findings do not sit well with the insights of these schools. [ABSTRACT FROM AUTHOR]

The evidence-based policy (EBP) movement has often focused on relatively stable policy issues and service programs where rigorous analysis has been able to enhance policy-makers' consideration of improvement options. However, EBP has taken different turns in policy fields marked by value-conflict, rapid change, high risk or radical uncertainty. One such area in recent years has been water policy, in the context of water scarcity. There have been urgent new challenges for water policy, planning and delivery in many cities and regions around the world. This paper examines an Australian case-study, the urban water crisis in Southeast Queensland (SEQ), taking a policy governance perspective. The State government became increasingly alarmed by the deteriorating water-supply outlook, and undertook a number of policy changes including substantial re-structuring of urban water governance. The paper raises issues about the evidence base for decision-making, and for policy learning, where policy governance is shaped under conditions of uncertainty and crisis. [ABSTRACT FROM AUTHOR]

This paper describes how the processes of evaluation interact with the complex processes of policy and implementation, with a view to exploring the implications relating to the nature of evidence, the impact of evaluation on policy and practice and the challenges inherent in evaluation activities. Recent studies of evaluation and evidence-based policy have suggested that there are significant issues and complexities in determining 'what works' specifically with regard to the impact of evaluations and the evidence bases for policy and/or practice. The aim of this paper is to examine a detailed case in which these three activities of policy formulation, implementation and evaluation have evolved and interacted in a particular policy domain over time. To this end we examine homeless policy, implementation, outcomes and evaluation in Ireland between 1988, the year 'homelessness' was defined first in legislation, and 2008, the year of launching the second national homeless strategy. [ABSTRACT FROM AUTHOR]