Geographies of Crime and Justice: Contemporary Transitional Justice and the Creation of 'Zones of Impunity'

This article explores some of the challenges that transnationalcrimes pose to the operation of transnational justice. By transnationalcrimes, we mean serious violations of international human rightsand humanitarian law that transcend national borders and areperpetrated by state or non-state actors. Many national andinternational legal mechanisms may only address a segment ofthese crimes, creating what we refer to as ‘zones of impunity.’This article examines how these dilemmas are unfolding in threeAfrican contexts: the possibility that Charles Taylor is triedfor crimes in Sierra Leone but not in Liberia; that only Congolese,and not Rwandans or Ugandans, face prosecution for crimes inIturi or elsewhere in the Democratic Republic of Congo; or thatJoseph Kony escapes prosecution in Uganda through being allowedamnesty or exile in Sudan. Our analytic framework considershow geography and politics affect legal responses to transnationalcrimes.     

EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

The effect of post-identification feedback, delay, and suspicion on accurate eyewitnesses

We examined whether post-identification feedback and suspicion affect accurate eyewitnesses. Participants viewed a video event and then made a lineup decision from a target-present photo lineup. Regardless of accuracy, the experimenter either, informed participants that they made a correct lineup decision or gave no information regarding their lineup decision. Immediately following the lineup decision or after a 1-week delay, a second experimenter gave some of the participants who received confirming feedback reason to be suspicious of the confirming feedback. Following immediately after the confirming feedback, accurate witnesses did not demonstrate certainty inflation. However, after a delay accurate witnesses did demonstrate certainty inflation typically associated with confirming feedback. The suspicion manipulation only affected participants' certainty when the confirming feedback created certainty inflation. The results lend support to the accessibility interpretation of the post-identification feedback effect and the erasure interpretation of the suspicion effect.     

Worker Influence on Capital Account Policy: Inflow Liberalization and Outflow Restrictions

How do workers impact openness to international investment flows? This article distinguishes between two types of openness: openness to inflows and openness to outflows of investment. Workers benefit from inflow openness due to increases in wages, productivity, and efficiency and due to reductions in borrowing costs, which are associated with investment inflows. Workers are hurt by outflow openness, as investors gain investment options, and therefore bargaining power, when outflows are permitted. Labor rights help workers overcome collective action problems, and democratic institutions increase policymakers’ responsiveness to labor organizations and make their commitment to labor rights credible. The theory thus predicts that, particularly under democratic institutions, labor rights are positively correlated with inflow openness and negatively correlated with outflow openness. Evidence from time-series, cross-sectional data is consistent with the theoretical expectations.     

Welfare as Wrecking Ball: Constructing Public Responsibility in Legal Encounters Over Public Housing Demolition

Scholarship on welfare privatization illustrates how the process often curtails and undermines public responsibility for the poor. In this article, I examine how recipients, policy makers, and judges participate in the legal process as a means of challenging and defending privatization. I look at cases of litigation initiated by public housing tenants between 1985 and 2012 to fight the demolition of their homes to explore the changing meaning of public responsibility within a shrinking public sector. My findings show that as legislative and administrative reforms steered courts toward a more flexible understanding of public responsibility, courts gave increasing attention to the economic hardships experienced by the state itself, while downplaying the plight of low‐income tenants.     

Post-disaster reconstruction: lessons from Nagapattinam district,India

As disaster losses continue to rise around the world, it has become increasingly important to understand the long-term outcomes of post-disaster recovery programmes. Often, disaster recovery projects have an abbreviated planning period, involve multiple NGOs, and lack long-term plans for evaluation. This article describes outcomes of the shelter reconstruction programme following the 2004 Indian Ocean tsunami in Nagapattinam, India. Quantitative and qualitative data were collected to assess the effect of the programme on housing, community infrastructure, and livelihoods. The study provides useful lessons for future reconstruction programmes and demonstrates the importance of evaluating post-disaster recovery programmes after projects end.     

Microlevel Dynamics of Violence: Explaining Variation in Violence among Rural Districts during Northern Ireland's Troubles

Violence varies in intensity across intrastate political conflicts. This study suggests that interactions between local state agents and nonstate radicals affect the intensity of violence. When contention develops in a community and nonstate actors radicalize, whether or not some local state agents deviate from their institutional role as providers of law and order to support radicals is a crucial feature that explains how some communities experience more violence than others. This argument explains the different trajectories of violence in two neighboring rural districts during the 1971–76 period of the Troubles in Northern Ireland. The major implication of the study is that these interactions affect not only the intensity of violence in particular communities but also the breadth, length, and end of violence in the overall intrastate conflict.     

Probation Officers’ Perceptions of Supervising Probationers with Mental Illness in Rural and Urban Settings

As part of a larger study of probation workload and workforce challenges in one southeastern state, this study reports the results from a statewide survey of probation officers’ experiences supervising probationers with mental illness. A total of 615 officers responded to closed- and open-ended questions about the challenges and barriers to supervising offenders with mental illness, and the responses of officers from rural versus urban settings were compared. Officers reported that probationers with mental illness are difficult to supervise and supervision challenges are exacerbated by a scarcity of mental health and substance abuse treatment resources, limited social support, and a lack of employment opportunities for this population of probationers. Officers report unique and similar challenges across rural and urban settings. This study contributes to our understanding of the challenges of supervising probationers with mental illness and informs practice, policy and research at the interface of the criminal justice and mental health systems.     

Symptom Checklist‐90‐Revised Scores in Adult Children Exposed to Alienating Behaviors: An Italian Sample

This study addresses a particular form of child psychological maltreatment, exposing a child to alienating behaviors in the context of a high degree of conflict between the parents. The objective of this research was to identify retrospectively the alienating behaviors that occurred in an Italian sample of children and the reported associated psychosocial symptoms. Seven hundred and thirty‐nine adults in Chieti, Italy, completed an anonymous and confidential survey regarding their childhood exposure to parental alienating behaviors and measures of current symptomatology. About 75% of the sample reported some exposure to parental alienating behaviors; 15% of the sample endorsed the item, “tried to turn me against the other parent.” The results revealed strong and statistically significant associations between reported exposure to parental alienating behaviors and reports of current symptomatology.