Truth, Reconciliation and Settler Denial: Specifying the Canada–South Africa Analogy

Canada??s Truth and Reconciliation Commission (TRC) is tasked with facing the hundred-year history of Indian Residential Schools. The South African Truth and Reconciliation Commission is frequently invoked in relation to the Canadian TRC, perhaps because this is one of the few TRCs worldwide that Canadians know. Whilst the South African TRC is mainly applauded as an international success, I argue that loose analogizing is often more emotive than concise. Whilst much indeed can be drawn from the South African experience, it is important to specify the Canada?CSouth Africa analogy. In this article, I do so by focussing on the institutional approach to truth and how this relates to issues of settler/White denial. The South African experience teaches that narrow approaches to truth collude with superficial views of reconciliation that deny continuities of violence. Consequently, I argue that Indigenous?Csettler reconciliation requires a broad truth that locates residential schools on a continuum of violence, linking extraordinary abuses with structural injustices and historic colonization with lived relationships.     

Employer-centered training for international competitiveness: Lessons from state programs

There has been a surge of new interest in federal training policy. This momentum has been fueled by concerns with productivity and competitiveness, whereas past federal policy has been more focused upon distributional issues. A wide range of new proposals have been put forth, and high on the list are initiatives to work directly with firms. As making employers the clients of training programs is a relatively new idea, there is very little past federal experience to draw upon. However, in recent years states have experimented with similar efforts, and these experiments provide an underused data source for assessing the traps and opportunities inherent in any national program. This paper reports the results of case studies in four states, two of which based employer-centered training in new state agencies and two of which housed the programs in community colleges. We identify issues of concern that arise in employer-based training programs and also suggest some possible solutions.     

Adversarial Mythologies: Policy Assumptions and Research Evidence in Family Law

This article contrasts policy advocacy of alternative dispute resolution, and demonization of lawyers and court proceedings in family law, with research evidence that calls those policy positions into question. The research demonstrates, broadly, that restrictions on the availability of publicly funded legal representation do not necessarily lead parties to choose alternative resolution processes, that lawyers are much less adversarial than self–representing litigants, and that lawyer representation and litigation may produce more satisfactory and appropriate outcomes than mediation in some kinds of family disputes. The article argues that legal aid policies should respond to these realities rather than clinging to adversarial mythologies.     

Postapartheid Justice: Can Cosmopolitanism and Nation‐Building Be Reconciled?

South African plaintiffs are suing numerous multinational corporations under the American Alien Tort Claims Act for aiding and abetting apartheid's crimes against humanity. This article argues that Re South African Apartheid Litigation should be understood as a cosmopolitan re-membering of the nation. This interpretation runs counter to theoretical and political presumptions of an inherent antagonism between cosmopolitanism and nationhood. The apparent divide between cosmopolitanism and nation-building is bridged by the concept of victimhood. Insofar as nation-building in South Africa depends upon the restoration of victims, so too is cosmopolitanism victim-centered in its commitment to prevent harm and suffering. The apartheid litigants enact the duality of cosmopolitanism: they press for justice on the basis of cosmopolitan right, yet they do so in part because of their continued marginalization in the "new" South Africa with respect to issues of "truth" and reparation. Following on the "unfinished business" of the South African Truth and Reconciliation Commission, the apartheid litigation illustrates the intersection of cosmopolitanism with national memory and belonging.     

Cornel West and the Tempest in the Ivory Tower

A major American news story of 2002 centred on a dispute at Harvard between president Lawrence Summers and Cornel West. This article explores why many commentators erroneously portrayed the dispute between the two men as a matter of civil rights and affirmative action. It also examines the issue at the heart of the fracas, namely a long-running debate about the quality of West's scholarship, and considers whether his commitments to publics outside the classroom detract from his scholarly work. Is the release of a hip-hop CD an appropriate form of intellectual activity for a senior Ivy League professor?     

Divergent Expectations and Experience: An Empirical Study of the Use Children's Contact Services in Australia

In this article, an overview of the key findings from the Children'sContact Services Project is presented. Children's Contact Services(CCSs) assist separated parents to manage contact arrangementswith their children through the provision of supervised visitationand changeover services. The aims of this project were to investigatethe use of CCSs in Australia by referring agencies (eg. courtsand legal practitioners), and clients of contact services (parentsand children), and to consider the views and expectations ofthese key stakeholders regarding those usages. This approachwas based on the assumption that there are currently conflictingusages and expectations of contact services, and that this situationcould compromise children's well-being. The findings were derivedfrom two studies. The first study involved conducting 142 in-depthinterviews with representatives from the Australian Government,the courts and legal practitioners who referred families toCCSs, CCS staff and management, as well as parents and childrenwho used CCSs. The second study comprised a quantitative analysisof client data collected by CCS staff from 396 families whohad used a government funded CCS in August 2003. The findingsdemonstrated that in Australia, CCSs provided an invaluableservice that was viewed positively by government, referral agents,CCS staff and management, and by the parents and children whoused them. Despite this generally positive view, there wereconflicting expectations of CCSs that, under certain circumstances,compromised children's well-being and that of their parents,particularly their residence mothers.     

Evaluation of Probation Case Management (PCM) for Drug-Involved Women Offenders

Based on availability of case management services, drug-involved women offenders entered either a probation case management (PCM) intervention (n = 65) or standard probation (n = 44). Participants were placed in the case management condition until all slots were filled, then placed in standard probation until case management slots opened. Participants were interviewed at program entry and at 6 and 12 month follow-up using measures of substance abuse, psychiatric symptoms, and social support. Results showed modest change over time in both conditions, but PCM did not result in more services or treatment, or in better outcomes, than standard probation. These findings are discussed in the context of study limitations, and in the context of state initiatives like those in Arizona and California designed to apply treatment as an alternative to incarceration.