Executive Orders and Administrative Control

One of the key recommendations of the Winter Commission was the empowerment of governors over the executive branch. However, key institutions have not evolved in this direction; the long ballot still exists in most states, and the formal powers of governors have strengthened to their probable capacity. The authors suggest that a quasi‐formal power—the gubernatorial use of executive orders—may be a significant tool for empowering the governor in the state administrative realm. Analyzing all executive orders in 49 states for 2004 and 2005, they find variation in the aggregate use of and functions performed through these orders. Many executive orders do allow the government more direction and control of state bureaucracy. Finally, the authors suggest that the study of executive orders may be necessary to understand gubernatorial power in the executive arena and beyond.     

Civil liability of private security: Enforcer of moral obligations to right legal wrongs

The private security industry in the United States now has approximately twice as many personnel as does the public police. Private Security personnel have authority over the liberty, and sometimes the lives, of customers and employees. Often they exercise this awesome responsibility with little if any background and training. In most instances private security personnel are not considered law officers or peace officers and are, therefore, not bound by the same rules and regulations that apply to public police. More and more frequently, untrained or minimally trained, and basically unqualified security officers are taking actions against customers and employees which are excessive and unreasonable. Without the Constitutional protections which would be available if the act were committed by a public police officer, the only recourse for a private individual against reckless and wanton conduct on the part of private security personnel is a civil action, seeking compensation for the inconvenience caused or injuries received. The courts have found that companies and their security personnel have an obligation to be reasonable in their investigations of suspected criminal violations by employees and customers. Failure to conduct a proper and reasonable investigation will open the individual directing the investigation, and the company authorizing it, to liabililty for the injury their improper actions have caused. Civil liability suits have become the moral enforcer for improper and excessive conduct by private security personnel.     

Entrapped on the Web? Applying the Entrapment Defense to Cases Involving Online Sting Operations

Many law enforcement agencies are currently responding to the problem of online crime by establishing proactive investigative units that track criminals on the Internet. Not only do these specialized teams face problems in the area of emerging technology, they are also faced with handling emerging legal issues. The current research examined the issue of the entrapment defense, and how previously established physical realm doctrine could be applied to the investigation of online crimes such as child pornography. Relying on previous case law it would appear that entrapment claims related to online sting operations involve consideration of: a) did the law enforcement officer continuously contact the suspect with the intention of trying to convince the individual to engage in a particular type of behavior, b) how long was the relationship between the undercover officer and the suspect, and c) how much, if any, reluctance to commit the criminal act did the suspect provide evidence of?     

United Nations sanctions: Lessons of experience

Despite the apparent virtues of UN sanctions in terms of legitimacy and universality, attention in recent years has focused on their questionable achievements and adverse consequences. In particular, the cost of imposing sanctions is unevenly spread, while comprehensive measures harm the civilian population in the target and spare those responsible for the offending policies. This article discusses the merits of UN sanctions in the context of the membership and practice of the Security Council and looks closely at flaws in sanctions programmes and in their administration. Experience suggests careful review of alternative means of pressure as well as reform of existing procedures.     

Buddhism,Mindfulness, and Transformative Politics

This article examines whether the American cultural phenomena of the practice of Buddhism or the Buddhism-derived technique of mindfulness are likely to be helpful to the political left. It summarizes the central teachings of the ancient Buddhist texts, with particular focus on the issues of mindfulness and politics. It also reviews the political history of Buddhist countries. The author argues that although modern Buddhism has shed its historical embrace of absolutist monarchy in favor of republicanism, and although there is some ideological overlap between Buddhism and the American Left, Buddhism in America is too small a movement for it to be of much significance for progressive politics. Mindfulness appears to be capable of becoming a much larger phenomenon, but its separation from its Buddhist origins makes it also unlikely to be strategically important for the Left.     

Positive Resolution of Childhood Sexual Abuse Experiences: The Role of Coping,Benefit-Finding and Meaning-Making

Resolution of the trauma of childhood sexual abuse (CSA), and the current adjustment of 60 adult female CSA survivors were explored through qualitative and quantitative analyses of their coping strategies, perceived benefits, and meaning-making attempts. While the majority of the women (87%) perceived at least some benefit resulting from coping with the CSA experience, many (29%) found it impossible to make any meaning of their trauma. Specific benefits that were associated with various aspects of positive adjustment (marital satisfaction, better physical health, less isolation) included improved relationships with others, religious or spiritual growth, and improved parenting skills. Some perceived benefits were actually associated with a negative outcome. Increased knowledge of sexual abuse was associated with more isolation and lower marital satisfaction. When positive meaning could be derived from the coping process, the women reported less isolation. Avoidant coping was strongly associated with more depressive symptoms and poorer resolution of abuse issues. Results highlight the importance of considering coping strategies and cognitive restructuring efforts in designing therapeutic interventions with this population. Portions of this paper were presented at the annual meeting of the Midwest Psychological Association, May 2004, Chicago, IL.     

From Reflection to Refraction: Rethinking Paradigms of Cultural Interaction and Identity in Peru and Mexico

This article explores the construction and reworking of paradigms of culture contact and identity by social scientists and cultural critics in response to contradictory sociocultural experiences of modernity in Peru and Mexico. It seeks to do so in the context of calls made by the Peruvian critic Antonio Cornejo Polar for greater historicism and critical thinking about these, and the concern that this appeal has since generated in the field of Latin American Cultural Studies. Focusing first on the postcolonial, ideologically driven model of 'mestizaje', the article then traces continuities and discontinuities between it and latter–day thinking about cultural pluralism.