Selection bias in human rights tribunals: an exploratory study

Abstract: Quasi-judicial tribunals are bound by the principle of natural justice, including the obligation to avoid bias or the apprehension of bias in the selection of adjudicators, as was affirmed for human rights commissions in the McBain case. This paper statistically analyses all decisions rendered by Canadian human rights tribunals, both federal and provincial, in the years 1956 to 1984. The main conclusion is that there is a tendency toward the reappointment of adjudicators whose decisions are favourable to complainants. This calls into question the neutrality of the appointment procedures used in these years, namely appointment by a minister or by a human rights commission. The system recently adopted by the Canadian Human Rights Commission, involving appointment by the chairman of a panel of adjudicators, is proposed as a model worthy of imitation to the extent that it minimizes the apprehension of bias. Sommaire: Les tribunaux quasi-judiciaires sont tenus d'appliquer le principe de la justice naturelle, y compris l'obligation d'éviter de soulever une crainte raisonnable de partialité lors du choix des arbitres, comme l'arrêt McBain l'a affirmé en ce qui concerne les commissions des droits de la personne. Cet article comporte une analyse statistique de toutes les décisions prises par les tribunaux canadiens des droits de la personne, tant provinciaux que fédéraux entre 1956 et 1984. Il conclut qu'on a eu tendance à renouveler le mandat des arbitres dont les décisions étaient favorables aux plaignants. Cette conclusion interpelle la neutralité du système de nomination en vigueur durant cette période, en particulier lorsque c'était un ministre ou une commission des droits de la personne qui nommait les arbitres. Le système, récemment adopté par la Commission canadienne des droits de la personne, en vertu duquel c'est le président d'un tribunal d'arbitres qui noninie chaque comité d'arbitre, est proposé comme modèle digne d'être imité dam la mesure où il réduit la crainte raisonnable de partialité.     

When lawyers question children

This study assessed the impact of some complex question forms frequently used by attorneys who examine and cross-examine witnesses in the courtroom. Fifteen males and 15 females from each of four student populations (kindergarten, fourth grade, ninth grade, and college) viewed a videotaped incident and then responded to questions about the incident. Half the questions were asked in “law-yerese” (i.e., using complex question forms); the remaining half asked for the same information using simply phrased question forms of the same length. Lawyerese confused children, adolescents, and young adults alike. Questions that included multiple parts with mutually exclusive responses were the most difficult to answer; those that included negatives, double negatives or difficult vocabulary also posed significant problems. Results suggest that complex question forms impede truth-seeking and should be prohibited in court.     

Bystander Intervention,Bullying, and Victimization: A Multilevel Analysis of New Zealand High Schools

This study examines the association between schools and student bullying behaviors and victimization among a nationally representative sample (N = 9,107) of New Zealand high school students. In particular, the study sought to explore the role of characteristics of schools and school culture with respect to bystander behavior, while controlling for individual student factors related to victimization and bullying behaviors. Results indicated that a total of 6% of students report being bullied weekly or more often and 5% of students reported bullying other students at least weekly. Results of multilevel analyses suggested that schools characterized by students taking action to stop bullying were associated with less victimization and less reported bullying among students. In contrast, in schools where students reported teachers take action to stop bullying, there was no decline in victimization or bullying. Overall, these findings support whole-school approaches that aid students to take action to stop bullying.     

A decade of decline: a longitudinal look at big city and big county strategies to cope with declining revenues

Many local governments have now endured a decade of fiscal decline due to periodic reductions in external funding (federal and state and slowdowns in the rate of growth of the state and local government sector. This research examines the extent to which six large jurisdictions (three cities, three counties) under fiscal duress avoided political conflict and prevented further fragmentation of their authority between 1978 and 1987. The results showed that local officials generally chose retrenchment strategies (revenue, expenditure, and borrowing) with the least anticipated political opposition; but where hard choices had to be made (personnel reductions), they were made without hesitation. The timing of politically unpopular choices to coincide with downward trends in the private sector reduced the level of political fallout, even in heavily unionized, socioeconomically diverse communities. The results also showed that local officials strongly endorsed, rather than opposed, strategies that further fragmented their authority (privatization, intergovernmental cooperative agreements), because these approaches produce significant personnel and capital savings in the short term. Finally, the results indicated that the long-term cumulative effects of short-term decremental decisionmaking on the quality of life (as measured by drops in bond ratings) were negative in only one-third of the jurisdictions.     

Uncertain subjects: risks,liberalism and contract

Uncertainty has been largely overlooked in the governmentality literature dealing with risk, especially because of contemporary emphases on models of statistical or actuarial risk calculation. Yet it represents a distinctive way of governing through the future, whose place in the formation of rationalities of neo-liberalism, and of 'enterprising subjects', is vital. Indeed, in domains of enterprising activity, the governmental modality of uncertainty marginalizes or subordinates statistical and expert models of risk management. In part this is because of enterprise's 'inventive' orientation - which sits ill with risk's assumption of a future that reproduces the past. Not only is uncertainty central to techniques of neo-liberal government, it has a genealogy that is distinguishable from the genealogy of more rationally calculative modalities of liberal government - but also reaching back to the beginnings of liberalism. In the development of contract law, blueprints for government through uncertainty provide a foundational element in the constitution of liberal subjects, and for the 'reasonable' techniques of government through the future which are a hallmark of liberalism. It is concluded that the place of uncertainty is central to liberalism and thus unlikely to be marginalized by 'risk society' developments.     

Economy,state and civil society

The paper identifies a double crisis of agency facing socialists-the inability of the state to act effectively as the agent of society as a whole, and of the party adequately to represent the diversity of people's interests. It argues that this crisis can be resolved by the development of civil society, enabling the exercise of social control over the state and the economy.

An institutional framework for participatory economic democracy is then outlined, based on the author's model of 'negotiated co-ordination'. The model incorporates market exchange, since enterprises use their existing capacity to meet market demand, but not market forces, since interdependent investment decisions are not taken separately by enterprises acting independently, but collectively through negotiation involving all those with an interest in their combined outcome.

The model is constructed on this basic principle of self-government-that decisions should be taken by those affected by them. The conclusion reached is that the dual crisis of agency can be resolved by the development of civil society, but that a role remains for the state, in resolving residual conflicts of interest when negotiation fails to produce agreement, and for political parties, in promoting alternative perspectives on the distribution of resources, rights and responsibilities.     

Intervention with sexually abusive young people in Australia and New Zealand

Abstract

Research into the treatment of sexual offenders with an intellectual disability has increased over the past decade. This research can be used to investigate the efficacy of treatment; however, empirical limitations of the research make generalizations difficult. Marques has provided a framework for examining treatment efficacy that emphasizes the contribution of researchers and clinicians to report treatment outcomes rather than a strict reliance on rigorous empirical investigations, such as controlled outcome research. This review uses Marques’ framework to present an overview about group treatment for sexual offenders with an intellectual disability using nine identified studies. This paper attempts to consolidate our knowledge about specific treatment issues, while demonstrating the varied outcomes that are reported in the literature. In employing this framework, the literature suggests that our knowledge can be substantially improved by research addressing specific areas of treatment.