MEDIATIVE EVALUATIONS: THE PROS AND PERILS OF BLENDING ROLES

Child custody evaluators with experience in mediation may be tempted to use mediation skills and strategies in their evaluation processes. This article explores the benefits and risks of blending mediation with evaluation, comparing the perspectives of professionals and clients.     

Race as a factor in university admissions

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. (2003) and Gratz v. Bollinger, 539 U.S. 244. (2003), the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants’ race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action.     

PROFILE: CHILD CUSTODY MEDIATION SERVICES IN CALIFORNIA SUPERIOR COURTS

California is now in its 11th year of mandatory child custody mediation, with a current yearly case volume statewide estimated at 65,494. This article profiles the variations in programs and mediation styles in 56 of the state's 58 Superior Courts. Two research studies provide the basis for the information on program structures, case activity, procedures, agreement formats, recommendations, facilities, security, and fees.     

The criminological potential of pure sociology

The pure sociology perspective invented by Donald Black, a general theoretical framework for the prediction and explanation of social reality, has considerable potential for the scientific understanding of criminal behavior. Several scholars have profitably drawn upon Black’s proposal that a significant amount of crime is a form of disputing or social control, especially to explain violent conflict. However, pure sociology has not yet been extended and applied to criminal behavior more broadly. A pure sociology of predatory behavior, for instance, would address the location and direction in social space of predators, prey, and third parties. In expanding criminological thought, however, pure sociology also challenges it. Pure sociology explanations are not restricted by time or place, a feature not easily realized with a concept so closely tied to a relatively recent social invention: the state. Additionally, the supra-psychological, -anthropocentric, and -teleological nature of pure sociology generates explanations of behavior that are at odds with many of the assumptions of traditional criminology. Ultimately, then, pure sociology yields a new paradigm for the explanation of behavior the state defines as criminal. Presented at the annual meeting of the American Society of Criminology. Toronto, November 17, 2005.     

The legal aspects of corporate computer usage policies

In this paper we examine the legal aspects of corporate computer usage policies including their creation, management, and their relevance to corporate computer forensic investigations. Misuse of corporate computing facilities cannot only lead to a reduction in employee productivity and network bandwidth, but can also increase the risk of infection of such facilities by computer viruses and other malicious code. Moreover, it may lead to the risk of liability and legal action.     

Public Scrutiny, Standards and the Planning System: Assessing Professional Values within a Modernized Local Government

Since the 1990s there has been a long-standing concern in government towards public sector accountability, management, efficiency and service delivery. A number of studies have attempted to analyse the multitude of individual changes and their manifestations through analyses based on a variety of institutional, policy and governmental distinctions. This paper attempts to specify the changes with particular reference to planning, and to consider the evolution of the public service ethic in planning towards more openness, scrutiny, transparency and efficiency with particular reference to the changing ethos of the professional employee. We first explore the  main impacts upon local government, the public service ethic and professional planning as a consequence of the Modernization agenda and freedoms and flexibilities initiative. We then look at how such changes have impacted upon the ethos and values in public service and planning. We draw on some evidence of Ombudsman cases to highlight issues of professional values in planning practice over the past decade before finally drawing these strands together in some conclusions. Our principal findings indicate that the much-trumpeted decline of services and standards may not have been as apparent as is sometimes portrayed and that internal professional attitudes and values towards the external changes may not have significantly altered over the same period.     

West African Voices

A new literary programme has been started in the West AfricanService of the B.B.C., and this article is a reprint of oneof the talks. The Ibo speaker was formerly in the Customs, andqualified as a barrister last November: he is also the authorof numerous poems in English, and of a novel, The Prince ofUtete. The other two are schoolmasters working as Assistantsat the School of Oriental and African Studies. For technicalreasons, the orthography is not quite complete.