Human rights and companies in conflict zones

Companies appear to be taking the business ramifications of conflict far more seriously, yet with limited consideration of the full extent of their responsibilities. Certainly, they see conflict resolution as primarily the responsibility of government yet find themselves in context specific situations where they are nevertheless expected to work actively to protect and promote human rights. In addition to “traditional” civil and political rights, companies' human rights responsibilities are increasingly also recognised. It is not impossible to apply human rights principles to conflict situations or to integrate them with a policy of conflict management. The process of managing human rights and a company's economic performance in conflict zones are directly related.     

CULTURE, DIVORCE, AND FAMILY MEDIATION IN HONG KONG

Over the past three decades, Hong Kong has witnessed unprecedented economic prosperity, a decrease in family solidarity, an increase in social problems, and a dramatic rise in the incidence of divorce. Under colonial rule for 150 years, which ended with the return of sovereignty to China in 1997, the identity of the Hong Kong Chinese is a combination of traditional Chinese and modern Western culture. Despite Western influences, Chinese cultural heritage remains the major source of influence in all aspects of life. This article presents a summary of traditional Chinese culture, characteristics of contemporary Hong Kong society, factors believed to influence the high divorce rate, and the impact of divorce on Hong Kong families. The development, use, acceptability, and effectiveness of mediation in Hong Kong is reviewed, and suggestions for adapting it to Chinese families are proposed. Direction for future development of mediation in Hong Kong focuses on the need for further research to develop a scientifically sound knowledge base that will help to inform culturally competent mediation practice.     

Nicholas R. Lardy,ed., The State Strikes Back: The End of Economic Reform in China

Journal of Chinese Political Science -     

Evaluating the Effectiveness of a Juvenile Drug Court: Comparisons to Traditional Probation

Juvenile Drug Courts have been in operation in the United States for over 20 years, yet their effectiveness and design have been challenged throughout the literature. Using data collected from a Juvenile Drug Court (JDC) in Southeast Texas, this project sought to determine if the JDC intervention reduced recidivism compared to a comparison sample of juvenile offenders. Results indicate that the recidivism rates of participants in the JDC were lower than the comparison group, suggesting that the Drug Court intervention was successful. The program completion rates for JDC youths were also higher for those with fewer infractions. Although the JDC youths had statistically lower infractions, the intervention overall appears to need strengthening. A close inspection of program components could document which programmatic skills are tied to efficacy, leading to the achievement of better outcomes.     

“Juvenile Drug Courts and Recidivism: Results from a Multisite Outcome Study”

This study reports findings from a study of nine juvenile drug courts (JDCs) from across the US. A quasi-experimental design, with one-to-one matching on possible confounders and sociodemographics, was used for the outcome assessment (n?=?1372). Baseline and outcome data were drawn from justice system records. Although there is variation across sites and, to some extent, outcomes, these JDCs were generally ineffective in reducing recidivism. Similar findings have emerged in other recent studies of JDCs. Given the results of this study and others, it is essential that juvenile courts work to improve the effectiveness of JDCs by increasing adherence to known principles of effective intervention.     

Constructing the State Action Doctrine, 1940–1990

According to the state action doctrine, the Constitution restricts the activities of governmental but not private entities. Despite this rule's apparent simplicity, the Supreme Court has been clearly uncomfortable with precedents like Shelley v. Kraemer (1948) and has varied considerably in its receptiveness to state action claims from 1940 to 1990. The attitudinal model provides barely a beginning in accounting for both Shelley and changes in state action limitations. While liberal justices did initially relax state action requirements and conservative justices subsequently tightened them, that explanation ignores changes in the NAACP's litigation strategy, the Court's creation of doctrinal alternatives, and powerful civil rights legislation that together produced a sharp decline in state action claims involving race after 1970. These nonattitudinal “regime politics” factors enable a more complete and nuanced understanding of the state action field and help us to see the Court as collaborative rather than independent, dependent, or countermajoritarian.