Work Rules: How International NGOs Build Law in War‐Torn Societies

Drawing on socio‐legal literature and fieldwork in South Sudan, this article argues that international aid groups operating in conflict settings create and impose a rules‐based order on the local people they hire and on the domestic organizations they fund. Civil society actors in these places experience law's soft power through their daily, tangible, and mundane contact with aid agencies. As employees they are subject to contracts and other rules of employment, work under management and finance teams, document routine activity, and abide by organizational constitutions. In analyzing how South Sudanese activists confront, understand, conform to, or resist these externally imposed legal techniques and workplace practices, this article decenters state institutions as sites for understanding law's power and exposes how aid organizations themselves become arenas of significant legal and political struggle in war‐torn societies.     

The Price of Civil Rights: Black Lives,White Funding,and Movement Capture

What influence do funders have on the development of civil rights legal mobilization? Fundraising is critical to the creation, operation, and survival of rights organizations. Yet, despite the importance of funding, there is little systematic attention in the law and social movements and cause lawyering literatures on the relationship between funders and grantees. This article recovers a forgotten history of the National Association for the Advancement of Colored People's (NAACP) campaign to protect black lives from lynchings and mob violence in the early twentieth century. I argue that funders engaged in a process of movement capture whereby they used their financial leverage to redirect the NAACP's agenda away from the issue of racial violence to a focus on education at a critical juncture in the civil rights movement. The findings in this article suggest that activists tread carefully as the interaction between funders and social movement organizations often creates gaps between what activists want and what funders think movements should do.     

Lebanon’s Power-Sharing System and the Rise of Sectarianism

Power-sharing settlements intended to prevent recurring conflicts in divided societies have produced mixed outcomes. For decades, Lebanon’s power-sharing political system has been blamed for political instability, sectarian division, recurring conflicts, and foreign intervention. Lebanon today is an example of a confessional divided state where growing sectarian identity has triggered inter-community mistrust. The increasing sectarian division and conflicts since Lebanon gained its independence from France in 1943 has been attributed to the power-sharing political system.

This essay, however, demonstrates that the root of the conflicts is the manipulation of that system by the political elites, by virtue of their strategic positions in the government, and political sectarian organizations and movements are capable of influencing political processes considerably. Through manipulative schemes of the power-sharing system, political elites were successful in transferring the power from the state to the religious sects and their political representatives, and thus reinforced sectarian division, weakened the state, and delayed the transition to full democracy. This essay takes Lebanon as a case study to show that although a power-sharing agreement has the power to reduce the risk of recurring conflicts, it has the tendency to reinforce sectarian division leading to deterioration of national unity.     

Arts Marketing Performance: An Artistic-Mission-Led Approach to Evaluation

Marketing in the arts sector has evolved during the past decades from a functional tool to a business philosophy. At the same time, a relational view of art as experience has emerged in contemporary arts philosophy, highlighting the role of arts consumers in the creation and reception of arts. As a consequence, arts consumers have gained a central position within the artistic mission of arts organizations, posing new challenges to the role of arts marketing both as a practice and as an academic discipline. Against this background, financial figures and audience numbers are insufficient indicators of the contribution that arts marketing makes to the functioning of arts organizations. This article suggests evaluating the performance of arts marketing based on the contribution made to the achievement of the arts organization's artistic mission and proposes a model based on Kaplan and Norton's Balanced Scorecard to guide the artistic-mission-led evaluation of arts marketing performance. By paying attention to the new strategic role of arts marketing within the emerging relational view of the arts and by integrating recent literature on performance management in nonprofit organizations, we make a theoretical contribution to the body of knowledge on arts marketing performance evaluation.     

Seeing War as Criminal: Peace Activist Views and Critical Criminology

A hallmark of critical criminology is its critique of the traditional definition of crime. For decades, critical scholars have proposed humanistic definitions of crime that bring state violence into the purview of academic criminology—although outside of critical criminology this is a matter of great contentiousness. This study investigates the views of those involved in peace activism, but not in any way associated with academic criminology, about the application of the term ‘crime’ to war, specifically the recent US war on Iraq. Given that there is no existing research on this subject, the article also examines how peace activists define crime generally and whether they believe those responsible for the war should be regarded as war criminals. Not surprisingly, semi‐structured interviews with 13 anti‐war activists reveal significant support for elements of critical criminological definitions of crime but an unexpected concern on the part of some that the application of the term ‘crime’ to war could be counterproductive in efforts to stop state violence. The rationales for this concern, as well as those for other issues addressed in the study, are largely presented in the interviewees’ own words.     

Women in transnational organized crime

The last two decades have seen a number of publications showing that women play an important role in transnational organized crime. The recent focus on this subject has revealed a growing body of evidence to suggest that women have been active as members and leaders of criminal organizations around the world in various periods of history. This evidence has cast doubt on the prevailing idea of a ‘sudden rise’ of female power and could provide us with new explanations for the rise of women to the top of the criminal world. This article shows that the transnational and fluid opportunities and the attractive image of crime (associated with wealth, power and freedom) seduce women into entering the criminal world. The changing character of organized crime provides women with new criminal markets and clients.     

Political Liberalism and Political Embeddedness: Understanding Politics in the Work of Chinese Criminal Defense Lawyers

This article examines the meanings of politics in everyday legal practice using the case of Chinese criminal defense lawyers. Based on 194 in‐depth interviews with criminal defense lawyers and other informants in 22 cities across China, we argue that lawyers’ everyday politics have two faces: on the one hand, lawyers potentially can challenge state power, protect citizen rights, and pursue proceduralism in their daily work; on the other hand, they often have to rely on political connections with state agencies to protect themselves and to solve problems in their legal practice. The double meanings of politics—namely, political liberalism and political embeddedness—explain the complex motivations and coping tactics that are frequently found in Chinese lawyers’ everyday work. Our data show that the Chinese criminal defense bar is differentiated along these two meanings of politics into five clusters of lawyers: progressive elites, pragmatic brokers, notable activists, grassroots activists, and routine practitioners. They also suggest that a principal manifestation of political lawyering is not merely short‐term mobilization or revolutionary struggle against arbitrary state power, but also an incremental everyday process that often involves sophisticated tactics to manage interests that often conflict.     

Bodily memory: Introducing immigrant organizations and the family

This is an article about war survivors who ended up in migration in the aftermath of World War II: former Division soldiers from Poland and former Ostarbeiterinnen from the Soviet Union who settled in Belgium. It analyzes how these migrants dealt in their post-war lives with experiences of harm to their bodies undergone during the war. Often, attempts to ascribe meaning to the physical and/or psychological remnants of this harm were not made through words, but through non-verbal performances. However, such bodily memory could also, consciously or not, become socialized. In this article, I investigate the performance of bodily memory over time within two of the migrants' social entities: immigrant organizations and families, focusing in particular on their interaction.     

Bodily memory: Introducing immigrant organizations and the family

This is an article about war survivors who ended up in migration in the aftermath of World War II: former Division soldiers from Poland and former Ostarbeiterinnen from the Soviet Union who settled in Belgium. It analyzes how these migrants dealt in their post-war lives with experiences of harm to their bodies undergone during the war. Often, attempts to ascribe meaning to the physical and/or psychological remnants of this harm were not made through words, but through non-verbal performances. However, such bodily memory could also, consciously or not, become socialized. In this article, I investigate the performance of bodily memory over time within two of the migrants' social entities: immigrant organizations and families, focusing in particular on their interaction.     

The European Redistributive State and a European Law of Struggle

Its more central involvement in the government of economic and fiscal policy requires a new public law for the EU. This must be alive to the positive, negative and intractable qualities of conflicts associated with these fields. Such a law would internalise conflicts within the political process so that their irresolution and ongoing struggle become the dynamo endowing the Union with qualities of political engagement, imagination and justice. The recent reforms make mediation of conflicts a central mission of the Union but still use the public law structures of the regulatory state which lack these three qualities.     

现代国际法的多样化、碎片化与有序化

现代国际法的发展呈现出新的趋势:一方面,国际立法活动日益活跃,法律规范越来越多样化;另一方面,各种规范之间的冲突加剧,国际法的体系结构越来越碎片化。这种现象损害了国际法的权威性和可预见性,也给国际关系增加了不稳定的因素。有必要在《维也纳条约法公约》的框架内,通过国际组织间的合作和国家间的协调来寻求解决规范冲突的办法,提高国际法的有序化程度。     

Labour law after neoliberalism?

Over the course of the past 40 years, neoliberalism has all but destroyed the institutions that once civilized labour markets. In the wake of that destruction, labour law reform is being driven in some jurisdictions by a new kind of right-wing populist politics. What does this hold in store for work relations? Our investigation of contemporary labour law begins with a brief look backwards to the pre- and post-war decades and to the ostensible depoliticization of the law under neoliberalism. We then consider the possible emergence of a distinctly right-wing populist approach to labour law in countries including the United States, the United Kingdom, and Poland, drawing comparisons with the German experience after neocorporatism. Finally, we take a normative turn and consider what steps ought to be taken by a government intent on addressing class inequalities and restoring the kind of rights that post-war democracies once conferred on workers understood to be industrial citizens.     

Hospital utilization review: past experience, future directions

Utilization review (UR) programs seek to determine whether specific services are medically necessary and whether they are delivered at an appropriate level of intensity and cost. Although UR programs have been operating for more than 40 years, they have changed dramatically during the past two decades. Today, many health care providers, analysts, and policymakers view UR as a possible solution to hospital inpatient cost and quality problems. This paper addresses how UR has evolved, how UR is used today by different delivery mechanisms (i.e., Medicare, health maintenance organizations, preferred provider organizations, Blue Cross, and commercial insurers), the cost effects of various UR approaches, and how UR will be used in the future.     

REEVALUATING THE CUSTODY-THERAPY CONFLICT PARADIGM IN CORRECTIONAL MENTAL HEALTH SETTINGS*

It has become almost axiomatic in sociological analyses of interactions between mental health and criminal justice personnel that their respective ideologies are inherently contradictory and produce conflict within organizations in which both groups are working. Because key components of the mental health system have changed dramatically since the seminal research in this area was conducted and because these concepts were never tested in certain criminal justice organizations, many commonly accepted generalizations about custody-therapy conflicts warrant new examination. Interview and questionnaire data from a national sample of 43 county jails with mental health programs were analyzed. In contrast to earlier research, fundamental conflicts between mental health and correctional staff were not frequent. Rather, Pondy's concept of frictional Conflicts, which are not fundamental to either individual interactions or organizational operations, were more typical. Jails, as short-term people-processing organizations, cannot be assumed to fit organizational research results generated from state prisons.     

Physicians' conflicts of interest in Japan and the United States: lessons for the United States

Japanese health policy shows that even with physician ownership and the absence of for-profit, investor-owned health care, physicians' conflicts of interest thrive. Physician dispensing of drugs and ownership of hospitals and clinics were justified in Japan as ways to avoid commercialization of medicine. Instead, they create physicians' conflicts and fuel patient overuse of services. Japan's Ministry of Health and Welfare (MHW) has responded by introducing per-diem payment, thereby creating incentives to decrease services in ways similar to those of American managed care organizations, but with none of their benefits, such as coordination of care, oversight of physicians practices, and quality assurance. Although the United States and Japanese health care systems are organized and financed differently there is convergence in the source of their physicians' conflicts and the way they are addressed. The United States is starting to integrate institutional and physician payment and align their incentives, in a traditional Japanese way. In so doing, the United States creates new physicians' conflicts and reduces the role of countervailing incentives and power, an advantage of previous policy. Japan, in turn, has combined incentives to increase and decrease services, thus moving closer to the U.S. policy.     

Ambivalent Sovereigns and Restorative Justice: Exploring Conditions of Possibility and Impossibility for Restorative Justice in a Post-communicative Age

This contribution hopes to be able to contribute to answering the question: whither restorative justice? The restorative justice (RJ) movement has arrived at an existential crossroads. In this contribution an attempt is made to analyse how some of the origins of the RJ movement could be located in the emergence and crystallization of a new form of life (“control society”) in the wake of the Second World War. At the heart of this form of life one might be able to discern, on the one hand, a desire for and will to radical sovereignty, and, on the other, a resulting awareness of ambivalence. Whilst these aspects of post-war life have formed the backdrop of developments in RJ, and have therefore formed part of its conditions of possibility, one might now wonder if, in a post-communicative age such as ours, those very aspects have now become part of its conditions of impossibility. The argument explored in this contribution however holds that elements in the aforementioned form of life also hold potential for the re-thinking of restorative justice theory and practice.     

Women's Rights, the European Court, and Supranational Constitutionalism

This analysis examines supranational constitutionalism in the European Union (EU). In particular, the study focuses on the role of the European Court of Justice in the creation of women's rights. I examine the interaction between the Court and member state governments in legal integration, and also the integral role that women's advocates—both individual activists and groups—have played in the development of EU social provisions. The findings suggest that this litigation dynamic can have the effect of fueling the integration process by creating new rights that may empower social actors and EU organizations, with the ultimate effect of diminishing member state government control over the scope and direction of EU law. This study focuses specifically on gender equality law yet provides a general framework for examining the case law in subsequent legal domains, with the purpose of providing a more nuanced understanding of supranational governance and constitutionalism.     

Victorious Transsexuals in the Courtroom: A Challenge for Feminist Legal Theory

Transsexual and transgendered people, despite their exclusion from most civil rights laws, nonetheless occasionally prevail as plaintiffs in litigation. What should feminist legal theorists make of these victories? The theory one uses to win has implications for future conceptions of gender and sexuality in the law as well as for understanding contemporary conflicts and alliances among sex and gender theorists, lawyers, and activists. Conflicting theories of how to ground law's liberation claims abound, however. Evidence suggests that transsexuals secure legal victories only through a disheartening process of medicalization, normalization, and demonstration of traditional sex and gender role adherence. Recent cases, however, reveal some interesting destabilizations in law's account of the transsexual, and they provide critical legal scholars with a new perspective on rights‐claiming as a liberation strategy. Attention to the diversity of transsexual and transgendered priorities as well as to the properties of the legal process shows feminist legal theorists how to navigate the problems of identity construction and legal protection raised here sympathetically but unromantically.     

Reflexive Adaptation of Business to Regulation and Regulation to Business

Regulatory change is driven by competitive struggle. Regulatees struggle with each other for customers and with regulators to lessen the burden of the rules being enforced. Regulators compete for regulatees and for the confidence of customers and the general public.
Competition among regulators is imperfect. Along with better rules, new entrants must offer reputational capital, financial strength, and recognized enforcement powers. These entry requirements have supported a secular expansion of government suppliers relative to private suppliers. Principal-agent conflicts inherent in representative democracy establish incentives for this expanding sector to produce regulatory services of poor quality. Finding ways to make top government regulators economically accountable for acts of misregulation is a critical problem.