Lawyers in the Shadow of the Regulatory State: Transnational Governance on Business and Human Rights

Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision of such advice, and how the lawyers who are raising these issues are framing these discussions with their clients. Finally, Part IV suggests further areas of inquiry that may enrich our understanding of the role that lawyers can play in helping construct a transnational governance regime on business and human rights

Peer Review and the Global Anti-Corruption Conventions: Context, Theory and Practice

This article considers the operation of peer review in the anti-corruption context. Peer review is the systematic examination and assessment of the performance of a State by other States, with the ultimate goal of helping the reviewed State comply with established standards. It is a favoured regulatory mechanism by non-governmental organisations (WTO), supranational bodies (African Union) and under multilateral conventions (OECD). Notwithstanding this, peer review is an unconventional regulatory process that is under-explored in the academic literature. To assist in addressing this issue, we begin by discussing the nature of the peer review process, its authority in international law and common procedural elements. We proceed to identify peer review as a meta-regulatory process due to its flexible and discretionary characteristics. We then consider the practical effects of peer review through a study of Australia’s implementation of the OECD Anti-Bribery Convention. We conclude that the strength of peer review lies in its function as a consensual and voluntary process operating under international law. It is a process that respects state sovereignty and influences state activities through a combination of peer pressure and reputational sanctions

The SSERC Primary Cluster Programme in Science and Technology – impact on teaching and learning

This paper considers the findings of a recent multi-method research project that assessed the impact of a national Career Long Professional Learning (CLPL) programme, which suggest that teacher CLPL, particular in science and technology education, is particularly effective when it adopts a collaborative mentoring approach deployed across school clusters. This model is underpinned by collaborative professional dialogue, action research and a focus on promoting teachers' confidence and expertise in science and technology using practical skills as a vehicle. We examine the model adopted by the programme, drawing on research evidence in the literature on effective professional learning for teachers and, in particular, apply Desimone’s (2009) conceptual framework. The paper identifies key components of the programme responsible for its effectiveness and concludes by reflecting on the implications of the findings for tackling the challenge of promoting science literacy and attainment. Surveys of >12000 pupils have shown, inter alia, that the programme encourages the preservation of positive pupil attitudes towards science

Road to Nowhere? A Critical Consideration of the Use of the Metaphor ‘Care Pathway’ in Health Services Planning, Organisation and Delivery

AbstractMetaphors are inescapable in human discourse. Policy researchers have suggested that the use of particular metaphors by those implementing policy changes both influences perceptions of underlying reality and determines what solutions seem possible, and that exploring ‘practice languages’ is important in understanding how policy is enacted. This paper contributes to the literature exploring the generative nature of metaphors in policy implementation, demonstrating their role in not just describing the world, but also framing it, determining what is seen/unseen, and what solutions seem possible. The metaphor ‘care pathway’ is ubiquitous and institutionalised in healthcare. We build upon existing work critiquing its use in care delivery, and explore its use in health care commissioning, using evidence from the recent reorganisation of the English NHS. We show that the pathways metaphor is ubiquitous, but not necessarily straightforward. Conceptualising health care planning as ‘designing a pathway’ may make the task more difficult, suggesting a limited range of approaches and solutions. We offer an alternative metaphor: the service map. We discuss how approaches to care design might be altered by using this different metaphor, and explore what it might offer. We argue not for a barren language devoid of metaphors, but for their more conscious use.</jats:p

Exploring the impacts of the 2012 Health and Social Care Act reforms to commissioning on clinical activity in the English NHS: a mixed methods study of cervical screening.

OBJECTIVES: Explore the impact of changes to commissioning introduced in England by the Health and Social Care Act 2012 (HSCA) on cervical screening activity in areas identified empirically as particularly affected organisationally by the reforms. METHODS: Qualitative followed by quantitative methods. Qualitative: semi-structured interviews (with NHS commissioners, managers, clinicians, senior administrative staff from Clinical Commissioning Groups (CCGs), local authorities, service providers), observations of commissioning meetings in two metropolitan areas of England. Quantitative: triple-difference analysis of national administrative data. Variability in the expected effects of HSCA on commissioning was measured by comparing CCGs working with one local authority with CCGs working with multiple local authorities. To control for unmeasured confounders, differential changes over time in cervical screening rates (among women, 25-64 years) between CCGs more and less likely to have been affected by HSCA commissioning organisational change were compared with another outcome-unassisted birth rates-largely unaffected by HSCA changes. RESULTS: Interviewees identified that cervical screening commissioning and provision was more complex and 'fragmented', with responsibilities less certain, following the HSCA. Interviewees predicted this would reduce cervical screening rates in some areas more than others. Quantitative findings supported these predictions. Areas where CCGs dealt with multiple local authorities experienced a larger decline in cervical screening rates (1.4%) than those dealing with one local authority (1.0%). Over the same period, unassisted deliveries decreased by 1.6% and 2.0%, respectively, in the two groups. CONCLUSIONS: Arrangements for commissioning and delivering cervical screening were disrupted and made more complex by the HSCA. Areas most affected saw a greater decline in screening rates than others. The fact that this was identified qualitatively and then confirmed quantitatively strengthens this finding. The study suggests large-scale health system reforms may have unintended consequences, and that complex commissioning arrangements may be problematic

Trans youth, science and art: creating (trans) gendered space

This article is based on empirical research which was undertaken as part of the Sci:dentity project funded by the Wellcome Trust. Sci:dentity was a year-long participatory arts project which ran between March 2006 and March 2007. The project offered 18 young transgendered and transsexual people, aged between 14 and 22, an opportunity to come together to explore the science of sex and gender through art. This article focuses on four creative workshops which ran over two months, being the ‘creative engagement’ phase of the project. It offers an analysis of the transgendered space created which was constituted through the logics of recognition, creativity and pedagogy. Following this, the article explores the ways in which these transgendered and transsexual young people navigate gendered practices, and the gendered spaces these practices constitute, in their everyday lives shaped by gendered and sexual normativities. It goes on to consider the significance of trans virtual and physical cultural spaces for the development of trans young peoples' ontological security and their navigations and negotiations of a gendered social world

Preliminary assessment of the feasibility of using AB words to assess candidacy in adults

Background: Adult cochlear implant (CI) candidacy is assessed in part by the use of speech perception measures. In the United Kingdom the current cut-off point to fall within the CI candidacy range is a score of less than 50% on the BKB sentences presented in quiet (presented at 70 dBSPL). Goal: The specific goal of this article was to review the benefit of adding the AB word test to the assessment test battery for candidacy. Results: The AB word test scores showed good sensitivity and specificity when calculated based on both word and phoneme scores. The word score equivalent for 50% correct on the BKB sentences was 18.5% and it was 34.5% when the phoneme score was calculated; these scores are in line with those used in centres in Wales (15% AB word score). Conclusion: The goal of the British Cochlear Implant Group (BCIG) service evaluation was to determine if the pre-implant assessment measures are appropriate and set at the correct level for determining candidacy, the future analyses will determine whether the speech perception cut-off point for candidacy should be adjusted and whether other more challenging measures should be used in the candidacy evaluation

The experiences of student nurses on placements with practice nurses : a pilot study

To prepare the registered nurse of tomorrow in the United Kingdom (UK) to care for patients in general practice (GP)-led services, today's student nurses need to have the opportunity to experience placements with practice nurses to enable them to make positive career choices to become practice nurses in the future. The role of the practice nurse is described in the article. As a pilot project, seventeen students undertook placements with practice nurses in one of seven GP practices selected by the London GP Deanery and the university as having fulfilled the criteria to support student nurses in placements. A mentorship preparation programme was provided to prepare practice nurses for mentoring these students. An evaluation study was undertaken of this pilot project. Findings showed that students were highly positive about the experience; the majority rated this placement as being as good as or better than previous placement experiences. The evaluation also explored the impact on student learning and the value that the placement had. There was a positive impact on students' knowledge and skills in certain clinical areas especially related to health promotion. Students also indicated that they would like to have additional placements with practice nurses and would consider a career as a practice nurse in the future

Effects of antiplatelet therapy on stroke risk by brain imaging features of intracerebral haemorrhage and cerebral small vessel diseases: subgroup analyses of the RESTART randomised, open-label trial

Background Findings from the RESTART trial suggest that starting antiplatelet therapy might reduce the risk of recurrent symptomatic intracerebral haemorrhage compared with avoiding antiplatelet therapy. Brain imaging features of intracerebral haemorrhage and cerebral small vessel diseases (such as cerebral microbleeds) are associated with greater risks of recurrent intracerebral haemorrhage. We did subgroup analyses of the RESTART trial to explore whether these brain imaging features modify the effects of antiplatelet therapy