Opaque transparency: an analysis of the Israeli lobbying regulatory regime of 2008

After some failed attempts to regulate the lobbying, the Israeli Parliament—the Knesset—passed the Lobbyist Law on April 2nd 2008. Although lobbying is a common and legitimate part of the democratic process, it raises issues of trust, equality of access, and transparency. What motivated the MKs to regulate lobbying—public interest, private interest, or symbolic politics? The MKs claimed that the law was needed for improving transparency whereas MK Yechimovich declared that it balances the strength of the rich, represented by lobbyists and the wide public. Assessing the achieved transparency in the comparative framework of other lobbying regulatory regimes, we see that the law confers tangible benefits on powerful interest groups, while providing only symbolic gestures to the public. Lack of information available for MKs creates a need for lobbyists for political intelligence and MKs need to identify the interests in play to guarantee for themselves the necessary legislative subsidy. Copyright © 2011 John Wiley & Sons, Ltd.     

The Priority of Participation: A Friendly Response to Professor Gargarella

A response to Roberto Gargarella’s review of Punishment, Participatory Democracy, and the Jury, by Albert W. Dzur.     

Coming to Terms with Separatist Insurgencies

Although insurgencies may begin their rebellions with expressed desires for outcomes unacceptable to opposing governments, the desired insurgent outcomes sometimes undergo modification, creating conditions that can make governments more amenable to external mediation. In certain separatist conflicts, the likelihood of external mediation increases when the political redefinition of the state insisted upon by the insurgents undergoes a revision, from secession to self‐determination, understood as a variant of autonomy. In the same vein, although it may not happen concurrently, insurgent movements become more amenable to external mediation if and when opposing governments revise the preferred conflict outcome from a military defeat of the insurgents to a containment of the movement. These two developments can serve as objective referents helping external parties to identify a ripe moment in the conflict and initiate mediation. But the implementation of an agreement ending separatist conflict may not occur if the government fails to submit the proposed territorial bounds of autonomy to prior review by constituents. Potential spoilers among government constituents should be identified and recruited to participate in the negotiations so that the likelihood of agreement rejection is reduced. In some states, however, the legal mechanisms and political opportunities for constituents to act as spoilers do not exist.     

Mental health,substance use,and offending patterns among Native American youth in juvenile detention

Research has shown that youthful offenders in the juvenile justice system report an array of substance use and emotional and other mental health needs. The current study closely examined these issues in a large national sample (n = 539) of Native American youth drawn from the Survey of Youth in Residential Placement. Results demonstrated that frequent substance use was associated with the likelihood of being detained for a drug offense, while emotional and mental health needs were associated with detention for the most serious offenses. These results highlight the need for comprehensive substance use and other mental health assessments for Native American youth in the juvenile justice system.     

Pathways to Sexual Risk Taking Among Female Adolescent Detainees

Sexual risk taking among female delinquents represents a significant public health problem. Research is needed to understand the pathways leading to sexual risk taking among this population. This study sought to address this issue by identifying and testing two pathways from child maltreatment to non-condom use among 329 White and 484 African American female adolescent detainees: a relational pathway and a substance use coping pathway. The relational pathway indicated that child maltreatment would be related to non-condom use via depressive self-concept and condom use self-efficacy. The substance use coping pathway suggested that depressive self-concept and alcohol-based expectancies for sexual enhancement would mediate the relationship between child maltreatment and non-condom use. As hypothesized, the relational pathway variables were associated with one another in the expected directions; however, evidence of mediation was not found. Support for mediation was found for the substance use coping pathway. Exploratory across group comparison analysis indicated that the relational pathway was significant for White girls whereas the substance use coping pathway was significant for African American girls. Limitations and implications for future research are discussed.     

Vorauseilender Gehorsam? Zur Begründung der Zuständigkeit des Umweltsenats qua Vorrang des Unionsrechts

Nach Auffassung des VwGH verlangt das Unionsrecht, dass der Umweltsenat auch über Berufungen in Umweltvertr?glichkeitsprüfungsverfahren für Bundesstra?en und Eisenbahn-Hochleistungsstrecken entscheidet. Um zu diesem Schluss zu gelangen, musste der VwGH in seinem Beschluss vom 30. September 2010 zum einen von einem unionsrechtlich determinierten Gebot ausgehen, dass einem nachprüfenden Gericht in Umweltvertr?glichkeitsprüfungsverfahren volle Tatsachenkognition zukommt (und somit eine Beschwerdem?glichkeit an den VwGH nicht ausreicht). Zum anderen musste der VwGH den Vorrang des Unionsrechts dahingehend deuten, dass sekund?res Unionsrecht auch zust?ndigkeitsbegründend wirken kann und sich nicht darin ersch?pft, zust?ndigkeitshemmendes innerstaatliches Recht zu verdr?ngen. Da beide Annahmen aus unionsrechtlicher Sicht eine substantiierte Untermauerung vermissen lassen, w?re der VwGH nach der hier vertretenen Auffassung verpflichtet gewesen, den EuGH im Rahmen eines Vorabentscheidungsverfahrens anzurufen.     

The fate of the chemical warfare agent during DNA extraction

Forensic laboratories do not have the infrastructure to process or store contaminated DNA samples that have been recovered from a crime scene contaminated with chemical or biological warfare agents. Previous research has shown that DNA profiles can be recovered from blood exposed to several chemical warfare agents after the agent has been removed. The fate of four toxic agents, sulfur mustard, sodium 2-fluoroacetate, sarin, and diazinon, in a lysis buffer used in Promega DNA IQ extraction protocol was studied to determine if extraction would render the samples safe. Two independent analytical methods were used per agent, selected from GC-MS, 1H NMR, 19F NMR, (31)P NMR, or LC-ES MS. The methods were validated before use. Determinations were carried out in a semi-quantitative way, by direct comparison to standards. Agent levels in the elution buffer were found to be below the detectable limits for mustard, sarin, sodium 2-fluoroacetate or low (<0.02 mg/mL) for diazinon. Therefore, once extracted these DNA samples could be safely processed in a forensic laboratory.     

Achieving justice for children: public defenders in Israel's juvenile courts

In 1999, public defender (PD) representation of defendants appearing before Israel's juvenile courts began to be phased in. This article reports some of the major findings of a study that examined the impacts of the introduction of PDs. Analysis of interviews with 14 PDs yielded four major themes concerning the impact of the "arrival" of PDs, nature of the court, PDs' role, and PDs' interactions with other court actors. Analysis of interviews with eight prosecutors yielded seven themes concerning the need for PDs, PD as state agent, PDs' role, harms of legalization, disruption of the court, compromising the therapeutic value of the court hearing, and changes in court process. More generally, both PDs and prosecutors placed uncritical store in the value of rehabilitation alternatives. Indeed, the welfare model continues to shape their roles. The findings can largely be explained in terms of Eisenstein and Jacob's courtroom workgroup model.