The business judgment rule and other protections for the conduct of not-for-profit directors

The authors review the Business Judgment Rule as applied to a not-for-profit director's duty of care, with particular emphasis on the different forms of state statutory liability shields that serve to enhance the protections of the Rule. They also examine current trends in enforcement of breach of fiduciary duty of care standards, and provide a series of specific recommendations for not-for-profit boards to consider implementing as a means of increasing the likelihood of affording such protections to individuals serving as directors.     

Innocent denials of known genocides: A further contribution to a psychology of denial of genocide

Conclusion The problem of revisionism, or efforts to deny and censor the incontrovertible history of known genocides, is a growing one. It is now clear that denial is inevitably a phase of the genocidal process, extending far beyond the immediate politically expedient denials of governments who are currently engaging in genocidal massacre or have just recently done so—i.e., the Chinese government's abject denials of the killings of some 5,000 in Tiananmen Square, or the Sri Lanka government's denials of the state-organized massacre of 5,000 Tamil. Denials of genocide continue long after the event by a variety of groups and people, including successor governments or successor enemies of the victim people, such as anti-Semites against Jews, Turks against Armenians, and bigots and celebrants of violence and murder of all sorts. But such denials also occur—and this is the most perplexing fact—among a variety of not obviously malevolent people, including intellectuals who, in the process of calling for a better world, effectively exonerate, support, encourage, and participate in denials of a known genocide, implicitly condoning and even celebrating its occurrence, meanings, and portents for the future. This article is an effort to study and analyze this latter phenomenon, which has been little recognized. Together with previous essays on the psychology of more explicit malevolent denials of genocide, the intention is to generate a broader psychological theory of denials of genocide and revisionism by proposing that there are also a variety of “innocent denials” of the factual reality or significance of known cases of genocide, and a variety of “innocent disavowals of violence” which in truth celebrate the violence. These “innocent denials” join with the well-known explicit bigots in creating a vast panorama of dangerous denials of genocides and implicit calls to new genocides in our world. The basic thesis of this article has been under development since its first presentation in a plenary address at the Soviet Academy of sciences in Yerevan, Armenia in 1990 on the occasion of the seventy-fifth anniversary of the Armenian Genocide.     

Modeling Duration Dependence

As applications of duration analysis have burgeoned in politicalscience, scholars have become increasingly aware of the potentialsubstantive importance of duration dependence: the extent towhich the conditional hazards of the events of interest arerising or falling over time. Here I discuss the issue of durationdependence, focusing on the distinction between "spurious" dependencedue to unobserved heterogeneity and "true" duration dependencedue to state dependence in the process of interest. I presenta simple extension of a commonly used parametric duration model—theWeibull model—which allows researchers to assess the influenceof causal variables on the nature and extent of duration dependencein their data. I then illustrate the application of this "generalizedWeibull" model using data on the duration of international alliances.     

The Political Economy of Border Checkpoints in Shadow Exchanges

ABSTRACT

This introductory article revisits cross-border shadow exchanges in a comparative perspective and reflects on their theoretical implications. It explores the diversities and complexities of shadow operations and critically examines the concept of informality that is commonly used to describe such non-state-sanctioned practices. It further underlines the key role played by checkpoint politics in border governance. Border checkpoints serve both as a state institution in regulating border crossings as well as a political site where material and power exchanges among state and non-state actors are negotiated. Such negotiation of selective passage through state-controlled gateways is often predicated upon the skilful manipulation of time and space by experienced traders and brokers.     

Gunshot injury caused by a training bullet]

In the course of a scuffle a 50-year old man has been shot by a revolver. The culprit and witnesses state, there has been only one shot, whereas the victim declared having been shot twice. The medico-legal investigation revealed a gunshot wound that passed through the left thigh, a grazing shot of the right hand and a superficial lesion of the skin at the forehead with sprinkled gunshot residue in the epidermis. The investigation confirmed the statement of the victim: the first shot to the forehead was caused by a plastic training cartridge, the second to the right hand and thigh by a cartridge loaded with an ordinary bullet.     

Drinking and driving in Singapore, 1987 to 1989.

Between 1987 and 1989 there were approximately 5,000 cases of fatal and injury-sustained road traffic accidents, of which 2.3-3.0% were alcohol related (blood alcohol levels greater than the legal limit of 80 mg% ethanol). The offenders of alcohol-related accidents are mostly Chinese (> 79%), male (> 98%), and more often 30-40 years old. The majority of the alcohol-related accidents (> 74%) took place between 8 P.M. and 4 A.M. in fine weather and light traffic. Rear-end, head-on, and side-on collisions comprised > 60% of all the alcohol-related accidents, and losing control of vehicles approximately 30%. Drunken driving cases for the same period that were not accidents showed a number of characteristics similar to those for accidents. In Singapore, motorcycle riders and pedestrians are more prone to road fatality than other road-user groups. International comparisons of road fatalities per 100,000 population gave Singapore one of the lowest accident rates (8.1-8.4) as compared with countries such as Australia, the United Kingdom, the United States, New Zealand, Canada, and Japan.     

Causes of death of patients in an institution for the developmentally disabled

The causes of death of 53 severely to profoundly developmentally disabled patients who died in an intermediate care facility were reviewed. Respiratory disease, predominantly pneumonia and aspiration, accounted for 72% of deaths. Seven patients died of nonrespiratory causes, and in 8 patients, no cause of death could be determined, even after a complete autopsy or investigation. The median age at death was 20 years. The weights of these patients' organs at autopsy were lower than those for normal individuals of the same age. The lifespan of these severely impaired individuals continues to be significantly shortened, even with improved methods of care.