When ADR becomes the law: A review of federal practice

Conclusion With the passage of the Administrative Dispute Resolution Act, the stage was set for innovation and change in federal agencies. Now, part way into the five-year life of the Act, a new administration has the potential to encourage even wider use of ADR at the federal level, providing still more examples from which to develop a clearer sense of best practice. Additional funds, both for ACUS and individual agencies, are vital to providing the level of experimentation, innovation, and documentation needed to ensure success.MIT ProfessorLawrence E. Susskind is director of the MIT-Harvard Public Disputes Program, 512 Pound Hall, Harvard Law School, Cambridge, Mass. 02138.Eileen F. Babbitt is associate director of the Public Disputes Program.Phyllis N. Segal is a practicing mediator with Endispute, Incorporated.The authors would like to acknowledge the federal dispute resolution specialists who contributed greatly to our work by providing interviews and materials for this article: Cathy Costantino of FDIC; David Batson of EPA; John Settle and Ron Walczak of HHS; David Drabkin of DLA; Jim Jones of DOL; Sheldon Guttman of FCC; Charles Pou of ACUS; Jeff Domber of GSA; and Diane Liff of DOT.     

Beyond 'Do No Harm': The Challenge of Constructing Ethical Relationships in Refugee Research

This paper highlights some of the central ethical challengesinvolved in undertaking social science research with refugeesin conflict and crisis situations. It focuses on two main setsof challenges: first, the difficulties of constructing an ethicalconsent process and obtaining genuinely informed consent; andsecond, taking fully into account and responding to refugeeparticipants' capacities for autonomy. The authors also discussthe challenges involved in applying the central normative principlesgoverning ethics review processes—the principles of beneficence,integrity, respect for persons, autonomy and justice—tothe context of refugee research. It is argued that researchersshould seek ways to move beyond harm minimization as a standardfor ethical research and recognize an obligation to design andconduct research projects that aim to bring about reciprocalbenefits for refugee participants and/or communities. Some ofthe methodological issues raised by this analysis are discussedin the conclusion.     

EXEMPT PROPRIETARY COMPANY ANNUAL REPORTING REQUIREMENTS: PUBUC INTEREST OR BUREAUCRATIC EMPIRE-BUILDING?

Abstract: Australian small business enterprises, operated as exempt proprietary companies, are exposed to numerous statutory requirements. The Corporations Law Simplification Taskforce has proposed a number of changes with the stated objective of minimising the statutory burdens faced by small business. One of the recommendations of the taskforce is that most exempt proprietary companies be exempted from the requirement to supply key financial data in annual returns lodged with the Australian Securities Commission. This paper provides a review of the existing statutory responsibility for exempt proprietary companies to prepare annual returns including key financial data and lodge them with the ASC. A common justification offered for the introduction and continued maintenance of annual reporting requirements has been the protection of the public interest. The “public choice” theory of regulation provides alternative explanations for the regulation, including the promotion of producer interests or the promotion of the interests of the regulatory agency responsible for the administration of the legislation, the Australian Securities Commission, and other government departments such as Attorney-General's, Finance and Treasury. The existence of alternative explanations raises the possibility that the regulation is not motivated exclusively by the public interest. Indirect evidence of the usefulness of the annual reporting requirements was gathered with a consideration of the quality of the key financial data disclosed in annual returns. More than 40% of the annual returns lodged by a sample of exempt proprietary companies, during the years 1986 to 1989, contained key financial data which was inconsistent with being extracted from a properly prepared balance sheet (where assets minus liabilities equal shareholders' equity). The possibility that the maintenance of annual reporting requirements is not in the public interest, and the limited reliability of key financial data disclosures made, offers some support for the recent recommendations of the Corporations Law Simplification Taskforce that annual reporting requirements for small business enterprises be modified.     

Development of a Technology Readiness Assessment Measure: The Cloverleaf Model of Technology Transfer

Successful technology transfer begins with the identification of appropriate candidate technologies for transfer. Technology transfer managers have few reliable tools to guide the process of determining when and which technologies are likely to be successful in the commercialization process. This paper describes a multi-stage process which incorporated ideas from the literature, materials in use, pretesting of a model, and the collective wisdom of practitioners to devise a technology transfer readiness tool, dubbed the Cloverleaf Model Tool for Technology Transfer Assessment, because of its identification of the four requirements for success. The tool has been customized for different environments. It can be used over time to compare technologies and adapted to the unique situation of users.     

Exploring the literature on relationships between gender roles, intimate partner violence, occupational status, and organizational benefits

Studies of intimate partner violence (IPV) and work have been primarily conducted with women in low-wage low-status (LWLS) positions, as much of this research has focused on poverty, welfare, and homelessness. Although women in LWLS positions represent a large percentage of working women in the United States, it is also important to investigate experiences of women in high-wage high-status (HWHS) positions because a growing number of women are employed within such jobs. We propose gender role theory can be used to explain occurrences of IPV among women in HWHS positions and their utilization of organizational benefits. We suggest those in HWHS positions may be likely to have access to organizational benefits (e.g., medical, vacation, and flexible work schedules) and the ability to utilize the Family and Medical Leave Act. However, prevailing gender roles existing in organizations may render women in HWHS positions unlikely to use benefits or to take leave.     

Gender troubles,Redux

Thirty years ago, women's history written from a feminist standpoint was the revolutionary force, challenging androcentric thought and definitions of experience. Today, gender has become the more threatening moniker to those who would maintain patriarchal power and suppress knowledge. While not new, recent attacks on ‘gender ideology’ by conservative, often labeled right-wing governments, threaten the continuation of degree programs, as in Hungary, and pose manifold dangers to scholars world-wide. In the context of women's and LGBTQ movements, twenty-first century globalization, and political and economic changes, those who cling to the gender binary simplify the subject of women's history.     

Vicarious Trauma in Child Welfare Workers: A Study of Organizational Responses

Child welfare is provided within an organizational context that both supports and thwarts the efforts of workers and administrators to meet the myriad of goals established by federal, state, and local regulation and professional bodies. As the field moves toward trauma-informed services for children and families (Ko et al., 2008 Ko, S. J., Ford, J. D., Kassam-Adams, N., Berkowitz, S. J., Wilson, C., Wong, M., Brymer, M. J., &; Layne, C. M. (2008). Creating trauma-informed systems: Child welfare, education, first responders, healthcare, juvenile justice. Professional Psychology: Research and Practice, 39(4), 396–404.[Crossref], [Web of Science ®] , [Google Scholar]), the effect of trauma on workers has received less agency attention (Middleton &; Potter, 2015 Middleton, J. S., &; Potter, C. C. (2015). Relationship between vicarious traumatization and turnover among child welfare professionals. Journal of Public Child Welfare, 9(2), 195–216.[Taylor &; Francis Online], [Web of Science ®] , [Google Scholar]). This exploratory, qualitative study examines the level of knowledge administrators have regarding vicarious trauma and probes the organizational responses of public child welfare agencies to the vicarious trauma experienced by workers.