The Ends of Innocence: Age as a Mode of Inquiry in Sociolegal Studies

This article considers two recent books in the history of childhood, youth, and the law: Holly Brewer, By Birth or Consent and Stephen Robertson, Crimes Against Children . It argues that these works mark the emergence of age as a category of analysis in sociolegal studies. It calls for further investigations in the legal history of childhood and youth, outlines several areas of interest, and suggests that attention to age will alter how scholars look at the law by complicating key concepts such as innocence, authority, and citizenship. Studies of age and the law could benefit from cross-cultural and transnational approaches.     

Making Sense of COMPSTAT: A Theory-Based Analysis of Organizational Change in Three Police Departments

COMPSTAT, the latest innovation in American policing, has been widely heralded as a management and technological system whose elements work together to transform police organizations radically. Skeptical observers suggest that COMPSTAT merely reinforces existing structures and practices. However, in trying to assess how much COMPSTAT has altered police organizations, research has failed to provide a broader theoretical basis for explaining how COMPSTAT operates and for understanding the implications of this reform. This article compares two different perspectives on organizations—technical/rational and institutional—to COMPSTAT's adoption and operation in three municipal police departments. Based on fieldwork, our analysis suggests that relative to technical considerations for changing each organization to improve its effectiveness, all three sites adopted COMPSTAT in response to strong institutional pressures to appear progressive and successful. Furthermore, institutional theory better explained the nature of the changes we observed under COMPSTAT than the technical/rational model. The greatest collective emphasis was on those COMPSTAT elements that were most likely to confer legitimacy, and on implementing them in ways that would minimize disruption to existing organizational routines. COMPSTAT was less successful when trying to provide a basis for rigorously assessing organizational performance, and when trying to change those structures and routines widely accepted as being "appropriate." We posit that it will take profound changes in the technical and institutional environments of American police agencies for police departments to restructure in the ways anticipated by a technically efficient COMPSTAT.     

SUPERVISING VISITS BETWEEN PARENT AND CHILD

Serious conflicts can arise when contacts between a child and a parent require supervision unless specific guidelines and objectives are clarified for all involved parties. This article discusses supervision objectives, the importance of maintaining the parent-child relationship, instances warranting recommendation for no parental contact, qualifications of the supervisor, and practical guidelines for supervision.     

Forced Migration Studies: Could We Agree Just to 'Date'?

This essay questions the soundness of a scholarly shift awayfrom ‘refugee studies’ in favour of ‘forcedmigration studies’. It contends, first, that subsumingrefugee studies into the broader framework of forced migrationstudies may result in a failure to take account of the specificityof the refugee's circumstances which are defined not just bymovement to avoid the risk of harm, but by underlying socialdisfranchisement coupled with the unqualified ability of theinternational community to respond to their needs. Second, itargues that forced ‘migration’ (rather than, forexample, forced ‘migrant’) studies encourages afocus on a phenomenon rather than on the personal predicaments,needs, challenges, and rights of refugees themselves. It maythus contribute to a lack of criticality in relation to policieswhich subordinate refugee autonomy to the pursuit of more systemicconcerns. The first concern is illustrated by reference to theemergence of the ‘internally displaced persons’category, the second by reference to the determination to findand mandate ‘durable solutions’ to forced migration,including to the movement of refugees.     

Empire and Its Alternatives

The most ferocious debates are about whether the United States should be described as imperial, but in practice other countries also try to influence other countries’ domestic policies, to propagate their visions, to exert power and to stabilize areas beyond their borders that are perceived as a source of threats. While in the 1990s the winners of globalization were seen as small open states, since the turn of the millennium big powers appear to be gaining because of their ability to project political power: the United States, but also China, Russia, India, and Brazil. This makes for a greater instability and leads to the formulation of theories of realism or neo-realism. The essay concludes with an examination of alternatives to empire and the neo-imperial vision, in particular the importance of elaboration of common or shared values in helping to build a safer and more peaceful international order.     

Entry barriers and evolution of banking systems: Lessons from the 1980s Canadian western bank failures

Abstract: As federal policy‐makers revise and update the Bank Act, any change should be seen in the context of public policy towards financial institutions in Canada. Rather than being condemned to repeat history, both policy‐makers and potential bank entrepreneurs would be well advised to re‐examine the Report of the Inquiry into the Collapse of the ccb and Northland Bank (August 1986), chaired by the Honourable Willard Z. Estey. Public policy for financial institutions faces the challenge of reconciling competing interests. Since 1867, Canada has experienced a nationally controlled banking system that is highly stable (i.e., few bankruptcies) and that has enabled in‐flows of capital needed for national economic development. The Canadian Commercial Bank failure raised a fundamental challenge to the government's policy agenda. When asked what the government's position should be, the three officials recommended the rescue package. All three participants from the political side advised against it. Future policy must learn the lessons from this important and atypical moment in Canadian financial history. Sommaire: Alors que les decisionnaires federaux revoient et mettent à jour la Loi sur les banques, toute modification devrait être envisagée dans le contexte de la politique gouvernementale visant les institutions financières au Canada. Plutôt que d'être condamnés à répéter les mêmes erreurs, les décisionnaires et les banquiers potentiels feraient bien mieux de réexaminer le Rapport de la commission d'enquête sur la faillite de la Banque commerciale du Canada et la Norbanque (août 1986), présidée par l'honorable Willard Z. Estey. La politique gouvernementale concernant les institutions financières a la tâche difficile de réconcilier des intérêts opposés. Depuis 1867, le Canada connaît un système bancaire contrôléà l'échelle nationale qui est très stable, ayant enregistré peu de faillites, et qui a permis des rentrées de fonds nécessaires au développement économique national. La faillite de la BCC a lancé un défi fonda mental au programme de politique gouvernementale. Lorsqu'on leur a demandé quelle devrait être la position du gouvernement, les trois responsables ont recommandé le programme de renflouement. Les trois participants du secteur politique ont conseillé le contraire. Les futurs décisionnaires doivent tirer des leçons de cet évènement important et exceptionnel dans l'histoire financière canadienne.     

The Compensation Culture: Cliché or Cause for Concern?

The ‘compensation culture’ has featured frequently in the popular press over the last decade. There have, however, been comparatively few academic studies and such studies as there have been have largely focused on personal injury claims. A compensation culture, if it exists, could extend much wider than that. This article compares the exponential increase in the use of the term ‘compensation culture’ in the national printed media since 1995 with available statistics relating to the Queen's Bench, County Courts, and employment tribunals. Far from spiralling upwards, these statistics show a broad decline across a range of claims with the exception of claims before the employment tribunals, where the government has created a slew of new heads of claim. In order to counter the misconceptions founded by the popular media, and to allow for greater scrutiny, more attention should be paid to the collection and dissemination of judicial and claims statistics.     

Environmental liability reform and privatization in Central and Eastern Europe

The legacy of severe environmental degradation inherited by the new Central and Eastern European (CEE) economies requires liability reform to aid the cleanup of existing pollution sources and create incentives for future environmental risk reduction. The paper analyzes a host of liability approaches to meet these goals, given economic and institutional characteristics specific to the CEE nations, and explores the impact of environmental liability rules on privatization and foreign investment. A principal conclusion of the analysis is that, for a host of efficiency-based reasons, liability should not be retroactively applied to the new owners of privatized firms. Also, the paper advocates the use of national liability funds to finance the cost of existing liabilities, while highlighting dangers associated with their use. In addition to the desirability of alternative privatization mechanisms, the paper also analyzes altemative liability rules to govern prospective environmental hazards.     

Congressional Dominance and the International Trade Commission

This study examines the unfair trade decisions of the InternationalTrade Commission (ITC) and how they have been affected by Congress.It begins by identifying the means Congress can use to influenceITC decisions and then estimates both the extent to which thesemeans have been used and the extent to which they have shaped theITC's behavior. The study reaches two conclusions. First, Congresshas tried to shape the ITC's behavior, but it has not tried tomicromanage this behavior. Second, while the ITC's behavior hasbeen influenced by Congress, congressional influence is not asimportant as other factors, such as statutory criteria.