Human Rights in an Era of Neoliberal Globalization: The Alien Tort Claims Act and Grassroots Mobilization in Doe v. Unocal

This article examines a widely publicized corporate accountability and human rights case filed by Burmese plaintiffs and human rights litigators in 1996 under the Alien Tort Claims Act in U.S. courts, Doe v. Unocal , in conjunction with the three main theoretical approaches to analyzing how law may matter for broader social change efforts: (1) legal realism, (2) Critical Legal Studies (CLS), and (3) legal mobilization. The article discusses interactions between Doe v. Unocal and grassroots Burmese human rights activism in the San Francisco Bay Area, including intersections with corporate accountability activism. It argues that a transnationally attuned legal mobilization framework, rather than legal realist or CLS approaches, is most appropriate to analyze the political opportunities and indirect effects of Doe v. Unocal and similar litigation in the context of neoliberal globalization. Further, this article argues that human rights discourse may serve as a common vocabulary and counterhegemonic resource for activists and litigators in cases such as Doe v. Unocal , contrary to overarching critiques of such discourse that emphasize only its hegemonic potentials in global governance regimes.     

Justifying Inequality: A Cross-Temporal Investigation of U.S. Income Disparities and Just-World Beliefs from 1973 to 2006

This cross-temporal meta-analysis examined 6,120 American college students’ scores on the Belief in a Just World Scale (BJW; Rubin and Peplau, J Soc Issues 31(3):65–90, 1975) across the last three and a half decades. Drawing on models of belief threat, we examined whether the causal relationship between perceived injustice and increases in BJW could extend from the laboratory to society by using macro-economic injustice trends to predict changes in BJW across these decades. Specifically, we hypothesized that perceptions of inequality, operationalized as rising income disparities, would result in a greater need to justify this inequality and that this would be evidenced by increased commitment to just world beliefs over time. Consistent with this prediction, BJW scores increased significantly over time and this increase was positively related to increasing income disparities in society. Income inequality remained a significant predictor of BJW scores even after controlling for additional factors of general income and political ideology. Implications of increasing just world beliefs are discussed in terms of psychological and policy outcomes.     

Bad guys: Why the public supports punishing white-collar offenders

Until the latter part of the 1960s, the American public was inattentive to the problem of crime in the upperworld. Due to a confluence of events (e.g., Watergate affair, Vietnam War, civil rights movement), concern about this lawlessness rose precipitously in the 1970s. Public attention toward and willingness to punish white-collar crime has persisted into the twenty-first century. We argue, however, that due to a series of recent scandals (e.g., Enron, WorldCom), public opinion about upperworld offenders has been transformed qualitatively. High-profile offenders are now seen not as respected community citizens but as “bad guys” whose crimes reflect inordinate greed and a disturbing lack of concern for victims. This typification is conducive to the prosecution of white-collar offenders but may have the unanticipated consequence of deflecting attention away from structural sources of corporate illegal enterprises.     

WHERE IS THE JUSTICE? PARENTAL EXPERIENCES OF THE CANADIAN JUSTICE SYSTEM IN CASES OF CHILD SEXUAL ABUSE*

Research concerning child victims of sexual abuse in the judicial system cites largely negative experiences and outcomes. However, few investigations focus on parental experiences of the justice system. Using a grounded theory method this Canadian study explored parental experiences of legal and judicial processes for child sexual abuse victims. Nineteen in‐depth interviews with parents encountering the justice system, as well as interviews with professionals working in those systems were analyzed. Results show a wide range of experiences, with parents reporting predominantly negative outcomes that potentially impede healing for children, indicating earlier judicial reforms have not been realized. Recommendations call for structural changes in the judicial system and more provision of parent‐focused supports.     

Sex workers’ responses to the HIV and AIDS epidemic in Aotearoa New Zealand

ABSTRACT

This article engages with the voices of women sex workers during the peak of the HIV and AIDS epidemic in New Zealand. The late-1980s saw the formation of the New Zealand Prostitutes’ Collective, a sex worker led organisation that contracted with the government to provide a community-based national response to HIV and AIDS. The article explores the challenges sex workers faced to sustain and implement the use of condoms in their daily professional and personal lives. These included pressure from clients to forego the use of condoms, the risk of carrying condoms amidst the threat of arrest, and the struggle to manage the use of condoms in their personal sex lives. The paper traces both the widespread support for safe sex and the fractures and tensions that emerged as many sex workers mobilised to establish a community-based response to one of the most devastating health crises of the late-twentieth century.     

Common Language, Different Meaning: What Meidators Mean When They Talk About Their Work

Mediators, for the most part, descrive their work as "facilitation" but what they actually mean varies considerably. Based on an exploratory study with nealy 90 mediators in Canada (all of whom are also mediation trainers), the author describes the great diversity among mediators'understanding of commonly-used terms like facilitation, transformative, settlement, and humansitic. She also reports on how such factors as context, gender, and number of years mediating affect mediator perceptions of what they do. In addition, the author shows how perceptions affect the overall philosophy and goal of hte meidation practitioner: One implication of this research is that we can no longer presume to know what people men by "mediation," nor can we assume mediators are like-minded in how they understand their work. Thus, practitionsner, scholars and policymakers are encouraged to be purposefully clear when describing and writting about the practice of mediation.     

Government Borrowing in Australia

This article examines the Australian experience with coordinatedgovernment borrowing from federation to the present day. Itreveals significant changes in the purposes for which the borrowingarrangements were originally designed and are now used. Largelyfor this reason, the outward form of the arrangements no longerresembles their actual operation, causing severe accountabilityproblems. Whatever the advantages of coordinated governmentborrowing for economic management in a federal system, the Australianexperience shows that it may have economic disadvantages aswell. The time has come, therefore, for the borrowing arrangementsto be rethought and revised.