Surveying the Foundations: Article 80 TFEU and the Common European Asylum System

The Treaty of Lisbon introduced Article 80 of the Treaty on the Functioning of the European Union (TFEU) which states that the European Union’s asylum policy will be based on the principles of solidarity and the fair-sharing of responsibility. However, no guidance is given as to the nature and content of these principles. This contribution seeks to explore the relationship between these two concepts and to assess the extent and nature of their presence within the Common European Asylum System (CEAS). This contribution begins with an outline of the CEAS and presents its newly-codified foundation, Article 80 TFEU. This reveals that the CEAS may be considered a solidarity mechanism, but that the essential uncertainty as to the meaning of Article 80 is problematic when attempting to gauge the success of the CEAS as an expression of solidarity. The second part considers methods for allocating responsibilities for refugee status determination and protection between states, demonstrating that fair-sharing is both more widely accepted as the basis for solidarity and less problematic than the most common alternative—allocation according to states’ voluntary assumptions of responsibility. The final part explores expressions of fair-sharing within the CEAS and considers its limited success and numerous flaws.     

Who's in charge? Lessons in discerning the source of authority for a rural local government's decision to retain od help

In the face of increasing demand in this era of “fend for yourself federalism,” greater numbers of university-based organization development consultants will likely be working closely with city and county governments in the coming years. Questions of authority to engage the consultant and to implement any new policies which result from the OD intervention process are not always easy to answer. This paper describes an illustrative case study in which failure to answer these questions resulted in the premature termination of an ongoing intervention. Lessons learned from this “failure” and steps which might be taken to avoid similar outcomes in comparable circumstances are discussed.     

Structural validity of the posttraumatic stress disorder checklist among college students with a trauma history

The authors conducted confirmatory factor analyses to test three-factor and four-factor models of posttraumatic stress disorder (PTSD) using the PTSD Checklist with college students reporting a traumatic event history. The authors found support for the three-factor DSM-IV-based PTSD diagnostic model including reexperiencing, avoidance/numbing, and hyperarousal symptom factors, with slightly better support for a four-factor model separating the avoidance and numbing factors. Results further attest to the PTSD Checklist's construct validity, and to research finding that PTSD avoidance and numbing constructs are distinct.     

International Law and Detention of US Asylum Seekers: Contrasting Matter of D-J- with the United Nations Refugee Convention

US refugee law reflects an ever-increasing conception that theapplication of international standards would constitute an unacceptablerisk to national security. CSR Article 31(2)’s requirementthat refugees ‘shall not’ be detained unless ‘necessary’appears among the chief casualties of such suspicions. US jurisprudenceremains strikingly devoid of reference to Article 31, and 2003’sMatter of D-J- is a prime example. D-J- was an administrativedecision in which the US Attorney General held that nationalsecurity required all US asylum seekers who successfully arrivevia boat must be subject to mandatory detention throughout thecourse of removal proceedings. Despite US accession to the Protocol,Article 31(2) was not mentioned. This article explores what might have happened to D-J- if theRefugee Convention had indeed been applied to his case. Utilizingthe international methodology for treaty interpretation, itapplies Article 31(2) to various aspects of the Attorney General'sdecision. Part 2 argues that under the Supreme Court's CharmingBetsy rule, statutory discretion to detain must be interpretedconsistently with US international obligations. Part 3 concludesthat Article 31(2) of the Refugee Convention grants asylum seekersa right to release whenever their detention is not ‘necessary’.Part 4 proposes a three-part ‘pyramid’ approachto explain the elemental phases of the decision to detain anasylum seeker and examines necessity at each stage. Finally,Part 5 discusses Article 31(2)’s implications regardingevidence and proportion. The premise throughout is that, hadit been applied, the Refugee Convention could have protectedthe interests of both D-J- and ‘national security’.     

The Influence of Domestic Violence on Preschooler Behavior and Functioning

Enhancing current explanations of domestic violence exposure effects on child cognitive and behavioral functioning was the purpose of this investigation. Participants were 31 domestic violence exposed and 31 non-exposed children ages 3 to 5 years and their single-parent household mothers. Child-mother pairs were matched for child’s age, gender, and ethnicity, mother’s age and education, and annual family income. Child cognitive and behavioral functioning was assessed via psychological assessment and parent report. The presence of mental health difficulties in mothers was assessed using self-report and clinician-administered instruments. Exposed children showed lower verbal functioning and higher internalizing behaviors than did their non-exposed peers. Exposed mothers displayed greater psychological difficulties than did their counterparts.     

The global restructuring of legal services work? A study of the internationalisation of Australian law firms

The research discussed in this paper examines the ways that an elite group of law firms in Australia are contributing to the globalisation of business and restructuring of legal services work. We examine the distinctive commercial orientation and institutional corporate connections of this group, focusing exclusively on the continuities, breaks and reconversions of the Australian legal profession. Our findings reveal an institutionalised reproduction of strategic practice favouring the elite group of players that generally complies with the political, economic and symbolic power currently wielded by US and UK firms. The data specifically on the recent phase of internationalisation of legal services show Australian lawyers to be of lower status when compared to elite US and European law firms. Using a Bourdieuian method of analysis we explore the extent to which these Australian lawyers' strategic accounts show the potentially coercive and mimetic influence of the economic and symbolic capitals of dominant groups. We apply Sklair's global system theory as a means of interpreting Australian law firms' collective strategic intent, which at the time of this research is to develop a global competitive presence in markets in the Asia Pacific region.     

Parental Representations in the Play of Preschool Aged Witnesses of Marital Violence

The play of young children has long been used clinically to understand children’s experiences and inner feelings. More recently, children’s play has been examined quantitatively to understand differences due to varying backgrounds, family relationships, etc. Forty preschool children (21 girls and 19 boys) aged 27 to 71 months from families with histories of domestic violence were observed using a play interview, The MacArthur Story Stem Battery, to determine if severity of violence, frequency of visitation with their previously violent fathers, and mother-child relationship functioning impacted how parents were represented in play. Overall, girls represented their parents more positively regardless of other family circumstances. Boys, especially those who did not visit regularly with their fathers, had negative representations of their mothers. Severity of violence did not predict negative parental representations in the sample.