Participation and Judicial Review: A Reply to Jeremy Waldron

This article challenges Jeremy Waldron'sarguments in favour of participatorymajoritarianism, and against constitutionaljudicial review. First, I consider andcritique Waldron's arguments againstinstrumentalist justifications of politicalauthority. My central claim is that althoughthe right to democratic participation isintrinsically valuable, it does not displacethe central importance of the `instrumentalcondition of good government': politicaldecision-making mechanisms should be chosen(primarily) on the basis of their conducivenessto good results.I then turn to an examination of Waldron'sclaim that individuals are entitled toparticipate in decisions which affect theirlives. Furthermore, I respond to his claimthat justifications of constitutional judicialreview rely on an objectionable distrust ofdemocratic politics, and is inconsistent with aview of the person as a morally responsible,autonomous agent. Finally, I seek to show thatjudicial review can itself become a valuablechannel of political participation, especiallyfor those who are marginalized and disempoweredin the normal political process.     

Closing the divide: accelerating technology commercialization by catalyzing the university entrepreneurial ecosystem with I-Corps™

In recent years, universities have seen an increasing amount of activity in entrepreneurship and commercialization, not only for students, but for faculty as well. Traditionally, these initiatives have been separate, such that programs and curriculum have been focused on supporting just students or just faculty. In 2012, the National Science Foundation (NSF) launched the NSF I-Corps? program, an innovative funding program that not only offered principle investigators (PIs) funding, but also exposed PIs to an innovation/entrepreneurship curriculum as well. The University of Michigan (U-M) was one of the first two NSF I-Corps? Nodes funded in 2012 and has leveraged the program to catalyze the entrepreneurial ecosystem. This paper describes the growth of this entrepreneurial ecosystem since 1983, the call of entrepreneurship in the U-M College of Engineering and describes the role the U-M NSF I-Corps? program has played across the university. The paper concludes with lessons learned and recommendations to administrators and policy makers considering more active promotion of academic entrepreneurship and commercialization in universities.     

The Greenbook and the Overrepresentation of African American,Hispanic, and Native American Families in the Child Welfare System

Effective Intervention in Domestic Violence & Child Maltreatment Cases: Guidelines for Policy and Practice (the Greenbook) provided a valuable framework for child welfare agencies, domestic violence agencies, and the courts to work together to address the co‐occurrence in families of child maltreatment and domestic violence. It did not specifically address the overrepresentation of families of color in the child welfare system or the disparity of outcomes for these families. Yet the Greenbook’s approach to systems change can be used as a foundation to implement strategies to reduce overrepresentation and to improve safety, permanency, and stability for children and families.     

If anything else comes to mind… better keep it to yourself? Delayed recall is discrediting-unjustifiably

Inconsistencies in eyewitness accounts are perceived as indicative of inaccuracy and reduce the witnesses' credibility. Reminiscence, the delayed recall of previously not recalled information, is generally interpreted as a type of inconsistency. Even though it does not necessarily involve the falsity of the statements, reminiscence presents a counterintuitive instance with mostly unknown reliability. Two studies empirically assessed the accuracy of reminiscent items after retention intervals of up to 1 week and contrasted them with peoples' beliefs regarding their accuracy. In line with an implicit assumption of memory fading with the passage of time, delayed recall of previously unmentioned details was judged to be unreliable. In contrast, actual accuracy of reminiscent details was consistently high and even comparable to immediate recollections. Although participants generally underestimated accuracy, it was most pronounced in the case of reminiscence. The findings are discussed within the context of contemporary legal practice, such as jury instructions. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

Quotas for Women! The Sex Discrimination (Election Candidates) Act 2002

The Sex Discrimination (Election Candidates) Act 2002 is unusual in two respects. First, it is a rare example of the permissible (though not mandatory) use of affirmative action in the United Kingdom, in this case to reduce gender inequality in the selection of election candidates. Secondly, the Act contains a sunset clause and will expire in 2015 unless extended. This article examines the background to the legislation, the forms of affirmative action it permits, and the use so far made of it by political parties. It also considers the justifications for affirmative action to increase women's political representation, asking what sets this apart from other contexts in which women are under-represented, and whether the temporary nature of the legislation is appropriate.     

Restorative Justice Models in Cases of Intimate Partner Violence: Reviewingthe Evidence

Despite increased public awareness and professional intervention, men's violence against their female partners continues to be a grave reality that challenges those involved to seek better solutions. In recent years, restorative justice has become an established alternative to the criminal justice system for dealing with a number of crimes, and is now starting to be applied to cases of intimate partner violence. However, given the unique social, relational, and psychological contexts of these crimes, doubts are also emerging around the appropriateness of these applications. This paper addresses this debate by reviewing the evidence supporting the use of restorative justice models for various populations, and their ability to address the particular concerns of those affected by intimate partner violence. It explores the fit between restorative justice principles and processes, and what is known about the needs and capacities of this group of victims, offenders, and the communities to which they belong. It is concluded that while the restorative justice model shows promise, there is insufficient evidence at this time to support its use in situations of intimate partner violence.     

Justifying Affirmative Action: Perception and Reality

This article surveys developments in United Kingdom law and policy which require, permit or are more accommodating towards, the use of affirmative action. It then considers the various justifications that can be used in support of affirmative action and their philosophical and political strengths and weaknesses. Finally, it advocates a strategic approach to the justification and use of affirmative action, taking account of relevant political, contextual, pragmatic, and practical considerations.