Diversity in the Judiciary: The Case For Positive Action

A range of policies has been developed in England and Wales to reform the judicial appointments process so as to promote greater diversity. But despite two decades of official activity, the pace of change has been far slower than anticipated. Increasing awareness of the intransigence of the problem has led to a greater willingness to revisit some of the more fundamental tenets which have underpinned the approach to the problem to date, in particular, the unquestioning and inflexible commitment to the principle of equal treatment. This article examines the different forms of positive action which might play a part in the development of new diversity strategies for the judiciary. It reviews the arguments for and against different types, in terms of effectiveness, quality of appointments, and equity. It goes on to consider the legal frameworks which govern diversity and equality policies and assesses the legal implications of adopting different forms of positive action.     

Cultural Conservation Meets Douyin

We arrived very late to the city shimmering with neon lights. The road was narrow, long and winding, but the driver knew it like the back of his hand. We entered huge gates decorated with flags and the guesthouse owner decked out in traditional attire welcomed us by serving up a late night dinner. Tasty.The place we arrived at was Danba, or Rongzhag, a county of the Garze Tibetan Autonomous Prefecture in Sichuan Province. Zhonglu is one of the area's oldest and best pre-served villages. In Tibetan, the name means the promised land.     

Regulations as Arbiters of Risk: Great Britain, Germany, and the Hazardous Waste Trade in Western Europe

This article seeks to explain why Great Britain is one of the world's largest importers of hazardous wastes, while Germany, in contrast, is a waste exporter. Why one country exhibits such risk-acceptance behavior, while another is so risk averse, I argue, depends on differences between their national systems of environmental regulation. The style and structure of Britain's regulatory system, unlike that of Germany and its other partners in Western Europe, gives a high degree of leeway to private firms, filtering out the preferences of environmental groups and public opinion, thus enabling and facilitating the importation of hazardous wastes by waste disposal companies. The empirical section tests this argument against two alternative explanations: a state-centric explanation based on individual government's calculations of the relevant costs and benefits associated with the waste trade, and second, a "comparative advantage" explanation, based on the technological superiority of Britain's waste disposal facilities. The conclusion draws out the implication for international environmental regulation and for domestic-level regulatory change.     

Empowerment for development: Taking participatory appraisal further in rural South Africa

This paper examines the potential for Participatory Rural Appraisal techniques to contribute to community development and empowerment in a deprived rural community in the Eastern Cape Province in South Africa. A series of participatory workshops was undertaken in which various new techniques were used to identify people-environment relationships and, in particular, the community perception of the value and problems relating to the river and riparian zone. The workshops led to the community taking positive action to address the problems identified. The study indicates the value and role of participatory research among disempowered communities in rural Africa.     

Navigating the principle of open court in the digital age: The more things change,the more they stay the same

The belief that courts should be open to the public is a guiding principle of the Canadian legal system. This article examines the principle of open court in the digital age by analyzing policies governing live text‐based communication in Canadian courtrooms. We argue that courts have and have not responded to the changing digital landscape. While Canadian journalists have the ability to use live text‐based communication in courts, the general public does not despite new affordances provided to them by digital technologies. This article explores the tensions between administrative judicial independence, open court, and digital technology.     

劳动争议调解机制比较——转化型调解模式与传统的调解模式的区别

常见劳动争议调解模式有四:指导型调解、分析性调解、评估型调解及转化型调解.前三种的成败有赖于调解员在和解的过程中说服双方达成协议的主导性能力,侧重利益的分割,因而压抑了当事人对纠纷解决的主动性.而转化型调解则要求发挥当事人的作用,即通过协助当事人健全自我认知、体会对方的立场,转变对事件的感知,促成理解,重建共识,化解纠纷.可见,这不仅减少了制度负担,也有更好地尊重当事人意愿,更大程度上修复社会关系的效果.     

Remembering remotely: would video-mediation impair witnesses' memory reports?

Witnesses often experience lengthy delays prior to being interviewed, during which their memories inevitably decay. Video-communication technology – favored by intergovernmental organizations for playing larger roles in judicial processes – might circumvent some of the resourcing problems that can exacerbate such delays. However, whereas video-mediation might facilitate expeditious interviewing, it might also harm rapport-building, make witnesses uncomfortable, and thereby undermine the quality and detail of their reports. Participants viewed a crime film and were interviewed either one day later via video-link, one day later face-to-face, or 1–2 weeks later face-to-face. Video-mediation neither influenced the detail or the accuracy of participants' reports, nor their ratings of the quality of the interviews. However, participants who underwent video-mediated interviews after a short delay gave more accurate, detailed reports than participants who waited longer to be interviewed face-to-face. This study provides initial empirical evidence that video-mediated communication (VMC) could facilitate the expeditious conduct of high-quality investigative interviews.