A review of the legislative reform of customary arbitration in Ghana

Due to the phenomenon of legal pluralism that colonial rule left in its wake, customary arbitration is still a method of dispute resolution in Ghana despite the formal judicial system. But until 2010, customary arbitration practice was regulated only by case law. To put it on a firmer legal foundation and streamline its practice and procedures, the Alternative Dispute Resolution Act 2010 codified customary arbitration as an ADR method. In this article, we examine the legislative reform of customary arbitration in Ghana and assess the extent to which the ADR Act has improved it.     

Perceptions of global inequality: a call for research

In light of media attention to and growing public awareness of the globalizing economy, a case for the expanded empirical investigation of public perceptions of international income distribution and inequality is presented. Theoretical issues to be illuminated by such studies are considered; exploratory qualitative data are provided to illustrate the rich potential of such research; and a variety of issues that must be addressed when conducting future research in this area are reviewed.     

Sterilisation of the intellectually disabled: the need for legislative reform

This article examines the recent decision of the Full Court of the Family Court in Re Marion dealing with the question of sterilisation of intellectually disabled minors and in particular, the question of whether a parent or guardian can lawfully consent to a sterilisation operation upon an intellectually disabled minor or whether court approval is required before such an operation can lawfully be performed. The article goes on to critically examine legislation in force in various Australian jurisdictions concerning involuntary sterilisations and substituted consent as well as legislative reforms that have been proposed in this area.     

Medicare reform: social and ethical perspectives

Despite Medicare's success as a social program, its future is in question because of the program's enormous costs. Because the issue of Medicare reform has been forced upon us at this juncture by a crisis of finance rather than by the long-standing inequities in the present system of paying for the health care of the elderly, questions about how best to secure its fiscal integrity have seized the attention of the public. Yet, such questions are hard to contain; they force an examination of broader and more fundamental issues. In this article, we examine the validity of the ultimate moral and social rationales for continuing Medicare in something approximating its present form; the legitimacy of a social entitlement program that is age- rather than means-based; the implications for the future of health care reform if significant changes were to be made in the Medicare program and its underlying rationale; and the possibility that changes in that program may jeopardize the chances for a more rational, just, and systematic approach to the provision of health care to all Americans.     

Statistical sampling in a legislative framework for peer review of medicare services

This article discusses problems addressed in developing an efficient way of identifying levels of inappropriate professional practice in delivery of Medicare services, using statistical sampling within a legislative peer-review scheme. An efficient alternative to the current sampling methodology is proposed.     

Engaging the demand dynamic: promoting internal forces for reform through targeted legislative strengthening support

Institutional reform or development happens when those within the organisation want that development and are willing to commit the time, effort and necessary resources under their control to support it. This may be referred to as the will for development. Over the years, a general strategy for legislative development has emerged in which the will for development is enlisted in one or more of three ways: mapping, incentivising, and creating demand. These efforts focus on identifying the will for development independent of the legislative strengthening project itself. This paper will explore how success in supporting the budget process by the United States Agency for International Development-funded Afghanistan Parliamentary Assistance Programme enhanced and/or created the will for further development within that legislature. The paper will demonstrate how budget process support can be used to engage a broader constituency of committees and civil society organisations, creating a self-sustaining reform dynamic to be referred to as the demand dynamic.     

Improving the quality of drug court clinical screening: a call for performance measurement policy reform

Despite the widespread use of the drug court model, standardized performance measures for drug courts are not uniformly utilized, and rarely include process measures. To ensure that drug courts are being implemented in the most effective manner, the use of performance measurement tools should be considered for wide scale adoption. Drug court effectiveness is moderated by participant characteristics, and is most effective for individuals with the highest substance use needs. Therefore, having quality clinical screening processes is crucial to ensuring that drug courts are serving the population for which they are effective. This paper examines clinical screening in drug courts, to answer the following 1) what is the current state of screening, 2) what works, and 3) why measurement matters. It also proposes a clinical screening performance measure to improve fidelity and ensure appropriate participant enrollment. The creation of a performance measure would create opportunities to improve drug court outcomes, and leverage pay-for-performance models.     

The criminal act of commercial surrogacy in Australia: a call for review

Australian surrogacy legislation punishes the pursuit of a commercial surrogacy arrangement as a criminal offence. Such legislation was first introduced in Victoria in 1986 and has since been applied in every Australian jurisdiction except for the Northern Territory. The current application of criminal law is based upon this 1980s policy which has never been subject to public debate. This article argues that the continued application of criminal penalties to commercial surrogacy requires review.     

Gainsharing: a call for guidance

Gainsharing is a device by which hospitals and physicians share in the development, implementation, and proceeds resulting from the mechanisms to make the provision of healthcare more efficient and cost effective. The goal of gainsharing programs is to save hospitals money while maintaining the same or better quality of care--a goal that will ultimately result in both better care and lower expenses for payors and for society as a whole. Nevertheless, the OIG has ruled that gainsharing programs are per se illegal. This Article analyzes the reasons behind the OIG's determination and argues that, contrary to the OIG's conclusion, the advisory opinion process is legally and practically the best way to deal with the issues raised by gainsharing programs.     

Strategic perspective on technology transfer: A call for collaborative research

Technology transfer should not be viewed as a single, “one shot” process. There are downstream strategic issues that must be dealt with if the technology-transfer process is to be well-integrated into a firm's activities. Too often these downstream issues are not apparent during the decisions leading to the actual transfer of the technology. Several key issues that should be weighed by managers are presented, their impact on competitive positioning is considered, and they are discussed in the contexts of maquiladora (twin-plant) factories in Mexico and investments in Chinese Special Economic Zones.