Measuring attitudes toward grievance systems: A procedural justice perspective applied to the workplace

Contractual grievance procedures have long been utilized in union-management relationships to resolve workplace disputes. Little research attention, however, has focused on determining unionized workers' perceptions of and attitudes about such procedures. This study develops an instrument designed to measure worker attitudes toward the grievance procedure (ATGP). The survey items and conceptual framework are based on prior research in the areas of administrative and procedural justice. Employing a national sample (N=1080) from a single union, the results support a multidimensional attitudinal measure. Four key dimensions of workers' assessment of the grievance procedure were found: (i) Fairness, (ii) Effectiveness, (iii) Representation, and (iv) Importance. The structure of the measure was stable across identified sub-groups in the sample. Some differences in the attitudinal assessment on the four dimensions emerged depending upon union office holding and the grievance-filing experience of the respondents. Last, potential future applications of the instrument are discussed.     

Employment discrimination: age discrimination and sexual harassment

This is the era of deregulation—and yet in U.S. labor markets, at least, the legal regulation of the employment relation has been expanding in recent decades. The laws have been stiffened and their enforcement, mainly through private lawsuits, has been beefed up. Currently the two most important areas, in terms of impact on employers, are age discrimination and sexual harassment, and these will be my focus.     

Humans in the GDPR and AIA governance of automated and algorithmic systems. Essential pre-requisites against abdicating responsibilities

The GDPR mandates humans to intervene in different ways in automated decision-making (ADM). Similar human intervention mechanisms can be found amongst the human oversight requirements in the future regulation of AI in the EU. However, Article 22 GDPR has become an unenforceable second-class right, following the fate of its direct precedent -Article 15 of the 1995 Data Protection Directive-. Then, why should European policymakers rely on mandatory human intervention as a governance mechanism for ADM systems? Our approach aims to move away from a view of human intervention as an individual right towards a procedural right that is part of the culture of accountability in the GDPR. The core idea to make humans meaningfully intervene in ADM is to help controllers comply with regulation and to demonstrate compliance. Yet, human intervention alone is not sufficient to achieve appropriate human oversight for these systems. Human intervention will not work without human governance. This is why DPIAs should play a key role before introducing it and throughout the life-cycle of the system. This approach fits better with the governance model proposed in the Artificial Intelligence Act. Human intervention is not a panacea, but we claim that it should be better understood and integrated into the regulatory ecosystem to achieve appropriate oversight over ADM systems.     

困境与重构：对我国政府问责制的再思考

建构政府问责制是基于民主授权关系和社会基准价值所形成的对政府及其官员行为的制度规范和道德规范的必然要求,是当代中国政治文明建设中的创新举措。本文从政治哲学、公共行政学、政治经济学和社会资本等诸多层面分析了政府问责制的内在逻辑及其合理性。但由于制度供给不足、实践层次较低、监督弱化及公共行政文化带有滞后性等因素的存在,使我国的政府问责制在现实中面临许多困境。对此,我们应着力完善政府问责制的立法,强化监督机制,引入政府绩效评估,建设新型行政文化,从而建构起科学合理的政府问责制,实现其应有的价值和功能。     

巴西：依法打击腐败的新利器

2013年6月,一巴西持续爆发的大规模反腐示威游行,凸显了巴西社会对于腐败问题的深恶痛绝。同拉美大多数国家一样,巴西也深受腐败问题之困扰,政府机构中,频频爆出各类腐败丑闻。为了严厉打击腐败行为,并尽快消除示威游行所带来的负面影响,巴西国会以罕见的速度,在一个多月时间内就通过了一部用于严惩腐败的《反商业贿赂法》。该部法律的出台,标志着巴西首次以法律形式对腐败问题进行依法打击。     

DIVORCE MEDIATION: Research and Reflections

Mediation and other forms of alternative dispute resolution (ADR) grew rapidly in the last few decades as a result of high divorce rates, frequent conflicts between parting parents, the resulting administrative burden on courts, and especially concerns about damaging effects on children and postdivorce family relationships. This article focuses on our longitudinal research involving randomized trials of mediation and adversary settlement to support the conclusions that mediation can: (1) settle a large percentage of cases otherwise headed for court; (2) possibly speed settlement, save money, and increase compliance with agreements; (3) clearly increase party satisfaction; and (4) most importantly, lead to remarkably improved relationships between nonresidential parents and children, as well as between divorced parents—even twelve years after dispute settlement. The key "active ingredients" of mediation are likely to include: (1) the call for parental cooperation over the long run of co-parenting beyond the crisis of separation, (2) the opportunity to address underlying emotional issues (albeit briefly), (3) helping parents to establish a businesslike relationship, and (4) the avoidance of divisive negotiations at a critical time for family relationships. We call for more research on mediation and other forms of ADR, as well as a renewal of the excitement and optimism of the "first generation" of mediators, qualities that are "active ingredients" in any successful social or psychological intervention.     

End note: Reflections and limitations

Abstract

It may seem curious to some readers to match the outstanding athlete biographical sketches of the main scholar-researchers of this volume with their fierce message regarding the threat to sport, and its practitioners, from sexual harassment. In an absolutist, three second sound bite, mass consumption stereotype-driven developed world, one might expect here a “weakest link” debate about the value(s) of sport. This debate would feature effete, intellectual critics and very muscular, tradition-bound advocates. Not so; for these writers not only demonstrate well-reasoned and literature-informed arguments, and thorough, data-driven analyses but also courageous research programmes extending back to times when the work they did was completely marginalised and misunderstood. Their work, then as now, was fuelled in great part by a deep awareness and regard for the experience of sport as a healthy and joyful human right and by a wish to preserve it as such, for all.     

Police systems and systems thinking: An interpretive approach to understanding complexity

To start a dialog with police and criminal psychologists concerning systems theory and policing, the authors are presenting the following paper. This paper shares their thinking about systems theory as it might apply to policing. The paper draws upon specific examples from one of the twenty largest police departments in the United States. These examples include: race relations, domestic violence legislation, financing, and developing specialized units. The authors present some of the major concepts associated with systems thinking. They selected—context, valid information, relationships, shared meaning, attractors and agents. In addition, there are recommendations for future direction of dialog and research. Authors' Note: A. Steven Dietz, Ph.D., is an Instructor with Texas State University at San Marcos in the Department of Criminal Justice. Oscar Mink, Ed.D., was Professor of Adult and Human Resources Development Leadership at the University of Texas at Austin until his death in September of 2004. He was licensed as a psychologist in both Texas and New York. He authored or co-authored 14 books and over 200 articles, monographs, and psychological assessment instruments. He founded a correctional counseling institute program at West Virginia University as a visible part of the Division of Clinical Studies that he directed. He had 14 years direct work experience in various aspects of criminal justice at the Federal, State and community level. Dr. Mink consulted with the Austin Police Department on issues related to executive coaching and organizational development.     

法治与人性尊严——从实践到理论的反思

作为现代民主宪政社会不可或缺的生活形态,法治的意义及其核心价值,不论在具体法律实践或抽象理论阐述上,却依然存在着极大争议。"大法官会议"以人性尊严为本的法治观点,毋宁是一种"自由民主宪政秩序"的法治观点。无论是形式合法性或民主程序的法治要件,均无法在法治的具体实践上,保证执政者或立法者不会借助法治的形式要件,来追求满足其政治野心或个人私欲的不正当目的。法治理想的追求,应当着重法律实质内容的道德论证质量。就人性尊严的内涵来说,德沃金提出的两项人性尊严原则,内在价值原则与个人责任原则,确实是值得我们反思借镜的理论资源;特别是,他对人的内在价值的诠释,亦即人具有由自然与人类共同创造的神圣、不可侵犯的客观价值,适足以填补大法官人性尊严观的论述盲点。     

Using indirect questions to detect intimate partner violence: the SAFE-T questionnaire

A screening instrument for detecting intimate partner violence (IPV) was developed using indirect questions. The authors identified 5 of 18 items studied that clearly distinguished victims of IPV from a random group of health conference attendees with a sensitivity of 85% and a specificity of 87%. This 5-item instrument (SAFE-T) was then tested on 435 women presenting to three emergency departments and the results compared to a direct question regarding current abuse. The SAFE-T questions detected only 54% of the women who admitted being abused and correctly classified 81% of the women who said they were not victims. The 1-year prevalence of IPV in this sample of women presenting to an emergency department was 11.6%. The authors conclude that indirect questioning of women appears to be more effective at ruling out IPV in an emergency department population and may be less useful for women "early" in an abusive relationship.     

Pathways to adult sexual revictimization: direct and indirect behavioral risk factors across the lifespan

The purpose of this study is to investigate direct and indirect social and behavioral risk factors for adult sexual revictimization. Participants include 147 adult, predominantly African American (88%) women, 59% of whom had a documented history of child sexual abuse. Participants are interviewed in adulthood about adolescent and adult sexual victimization as well as other background and lifestyle characteristics. Structural equation modeling indicates that the relationship between child and adolescent sexual victimization is indirect, mediated by adolescent risk-taking behavior. The relationship between adolescent and adult sexual victimization is also indirect, mediated by risky sexual behavior. The residual effects of early childhood family environment and childhood physical abuse also indirectly predict sexual revictimization. Results provide empirical support for the general supposition that the relationship between child and adult sexual victimization is complex and that many intermediary factors differentially affect risk for a heightened vulnerability to sexual revictimization.     

审思中国法学：从知识生产到知识生产者

中国法学的自我检视并不及于对法学知识生产者自身的审思与批判,这使中国法学缺乏自洽性。法学知识生产者自我批判的必要性,取决于知识分子工作中所包含的＂针对知识＂这一层面。知识分子由此呈现出反观性、超越性、自我放逐和非交换性。中国法学知识生产者一方面未充分呈现反观性这一知识分子的积极要件,另一方面则充分呈现了文化资本的可交换性,由此而表现为＂单向度＂的存在。     

A generalization of the obligation to prevent: From genocide convention to racial discrimination convention

The decision of the International Court of Justice in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) highlights states’ obligations under the Convention, especially the obligation to prevent. When it comes to the case concerning the International Convention on Elimination of All Forms of Racial Discrimination (“Racial Discrimination Convention”), the decision of the Court indicating provisional measures seemingly purported to generalize its jurisprudence in the Genocide Case. By elaborating this kind of new jurisprudence, the Court echoed to the responsibility to protect, as well as to Article 48 and Article 54 of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts (“Draft Articles of State Responsibility”). It appears that each State Party should have an obligation to intervene in the coming genocide incidence, perhaps as well as in the coming racial discrimination cases. Nevertheless it is unclear in what manner a state could implement it effectively.     

从认知心理学到认知神经科学:范式检讨与文化自觉

过去40年间,认知心理学对人类信息加工过程进行精细的实验研究,概括出许多心理过程的基本特性,提供了理解心理过程个体差异的科学基础.从当初的认知科学到现如今的认知神经科学,它大体经历了三个主要研究范式:符号范式、联结主义范式和具身认知范式.以库恩范式论来观照,从认知科学到认知神经科学每一种范式的转变,实际上都内在地蕴含了其自身研究理念、研究方式与研究技术的深刻变革.对每一种范式演变历程予以深度反思,一方面可以启发范式检讨,这是加深对其理解与应用,使之走向文化自觉的重要步骤,同时也是引领心理学从认知革命到认知神经科学演变进程更趋合理化、语境化与文化化,从而使人能够获得更为立体、全面的解读.     

USA: Cirque du Soleil pays US$600,000 to end HIV discrimination complaint

In April 2004 Lambda Legal, a US-based civil rights organization, announced that the travelling circus Cirque du Soleil would pay a record US$600,000 to end an HIV discrimination complaint filed by one of its former employees who was dismissed because he has HIV.