LEGAL USE OF MENTAL HEALTH EVALUATIONS IN CHILD PROTECTION PROCEEDINGS

The authors examine the use of mental health evaluations in legal decision making within a large, urban juvenile court system. The focus was on court files in child protection cases relating to 171 randomly selected mental health evaluations completed on parents and 44 evaluations completed on children. Parent evaluations (46.7%) were much more likely to be present in court files than child evaluations (5.9%), and evaluations conducted by in-house court clinicians (63.8%) were more often present than those conducted by noncourt clinicians (37.5%). References to evaluations in child welfare, legal, or mental health documents varied with the type of information, subject (parent or child), and source of the evaluation. Findings and/or recommendations of evaluations were cited in legal or mental health documents for approximately two thirds of parent evaluations but only one third of child evaluations. Evaluation findings and/or recommendations were stated as a basis for legal decisions in 36.2% of court-based parent evaluations, 21.0% of noncourt-based parent evaluations, and 2.3% of child evaluations. These results provide evidence of a modest impact of parent evaluations on legal decisions and notably less impact for child evaluations. The authors suggest directions for future research and practice in order to increase the accessibility and usefulness of clinical evaluations in legal decision making.     

Fairness and competence in democratic decisions

The price system is generally thought to be the epitome of efficiency. In some cases, however, lotteries are preferred to the market as a social decision-making system for reasons of fairness. As recent research has shown, neither procedure is always well accepted among the general population. We analyze the social acceptability of both mechanisms and apply our framework to the allocation of social burdens, namely the siting of nuclear waste facilities. Lotteries are only acceptable if they are applied to a set of efficient options. The market is accepted if the production of fairness precedes the use of prices.     

The gender gap in pro-environmental political participation among older adults

Citizens are increasingly concerned with environmental issues and some of them take contentious political actions or adapt their lifestyles to reduce their environmental footprint. Research finds that there is an eco-gender gap in everyday environmental behaviours, with women more active than men. However, studies of the eco-gender gap have infrequently looked at other forms of pro-environmental political behaviours and focused mostly on young people. We contribute to the literature by examining to what extent older women and men differ in a range of pro-environmental political behaviours, using a unique dataset based on a survey of individuals 64 years and older. We find strong evidence of a gender gap in everyday behaviours and political consumerism, but not in relation to contentious forms of political participation. This gender gap in relation to everyday behaviours and political consumerism diminishes with age.     

Anti‐suit Injunctions and the Doctrine of Comity

Hin‐Pro International Logistics Limited v CSAV is an important case in the areas of anti‐suit injunctions, contractual interpretation and private international law. Despite the ambiguities surrounding the jurisdiction clause contained in the bills of lading, the Court of Appeal construed the jurisdiction clause as ‘exclusive’ in the context of a ‘contractual background’, and affirmed the continuation of the anti‐suit injunction granted by the Commercial Court. It is argued that the approach of applying the common law principles of contractual interpretation to a bill of lading is questionable. The approach used to apply English private international law is problematic in a number of ways. There are legitimate reasons for concern that the doctrine of comity in English private international law may become undermined as a result.     

Ineffective fiscal rules? The effect of public sector accounting standards on budgets,efficiency, and accountability

Public Choice - International organizations have encouraged national governments to switch from traditional cash-based to business-like accrual accounting, on the presumption that long-run benefits...     

Leadership Traits and Ghana’s Foreign Policy: The Case of Jerry Rawlings’ Foreign Economic Policy of the 1980s

This article examines Ghana’s foreign policy-making with reference to internal and external determinants (structural/systemic). Besides these determinants, political actors (primarily, presidents/heads of state) have shaped the country’s foreign policy outcomes, but this field of enquiry (i.e. the individual-level analysis) has not, received much attention in the literature. To enhance the understanding of leadership and personality traits in foreign policy-making, this study draws on the theory of Leadership Trait Analysis to examine Jerry John Rawlings and Ghana’s foreign economic policy in the early 1980s. It argues that the leadership traits of Rawlings to some extent shaped Ghana’s foreign economic policy decisions in the early 1980s.     

Regulation vs Symbolic Policy-Making: Genetically Modified Organisms in the German States

Germany’s federal states can enforce stricter regulations on genetically modified organisms (GMOs) than does the national government. Empirically, the study analyses two outcomes at the state level: the symbolic accession to the GMO-free network, in which regional units mobilise against the EU’s regulatory approach, and hard GMO policies/regulations. Besides focussing on political parties and environmental interest groups, the article provides various additional theoretical explanations for the variation in outcomes. The research questions are the following: what conditions a state’s accession to the GMO-free network? What conditions a state’s adoption of GMO regulations? To assess these questions, the study employs fuzzy-set qualitative comparative analysis. One finding is that the inclusion of the Green Party in government is not a predominant condition for the adoption of regulations, but ministers affiliated with the Greens are dominant drivers of symbolic policy-making. The study reveals differing regulatory action by CDU/CSU ministers in the western and eastern states, which can be explained by the differing interests of farmers. Other findings reveal that SPD ministers regulated GMOs to much the same extent as CDU/CSU or Green ministers. Environmental interest groups were also found to have positively conditioned symbolic policy-making, having no effect, however, on the adoption of concrete regulations.     

Das Protokoll von 2004 zum Pariser Übereinkommen—wesentliche Verbesserungen im internationalen Atomhaftungsrecht

Das im Jahr 1960 abgeschlossene Pariser Übereinkommen steht im Zentrum des Rechts der Haftung für nukleare Schäden. Trotz über die Jahrzehnte offenbar gewordener Lücken im internationalen System des Atomhaftungsrechts und gewandelter Vorstellungen von Nutzen und Risiken der friedlichen Nutzung von Kernenergie blieben die tragenden Prinzipien der einschlägigen Atomhaftungskonventionen im Wesentlichen unverändert. Nach mehrjährigen Vorarbeiten ist das Pariser Übereinkommen nunmehr einer grundlegenden Reform unterzogen worden. Der folgende Beitrag stellt die wesentlichen Neuerungen im Gesamtkontext des staatsvertraglichen Haftungsregimes vor und unterzieht sie einer ersten Würdigung.