The Reflexive Mediator

In this article, I describe a reflexive approach to mediation, which I see as a promising corrective to two positivist ideas in our field that are slow to fade: that we should be neutral as third parties and that parties should seek solutions based on objective truth. Grounded in a more constructionist approach using findings from qualitative social research and drawing analogies from those findings as they apply to mediation, a reflexive praxis accepts the reality that a third party cannot be neutral and that constructive outcomes to conflicts are rarely rooted just in “the facts.” Rather this view holds that an intersubjective rendering of reality in and out of the mediation room constitutes a large part of the collaborative effort of mediation.     

The Country of Sexualised Children: Whiteness,Innocence, and the “Sexualisation of Childhood”

This article argues that the sexualisation of childhood discourses have a distinct history in Australia. To advance this argument, I will explore the similarities between these discourses and discourses surrounding the iconic Australian “lost child”. In all of these discourses, a white child (here a symbol of White Australia’s future and past) becomes lost in an unforgiving and dangerous environment. This child is assumed to be asexual, though with the likelihood that they will mature into reproductive heterosexuality. This latter point will be illuminated in the final section of the article, which will focus specifically on the 2016 criticisms of the Safe Schools Coalition Australia. These criticisms are the most recent examples of anti-sexualisation discourses in Australia.     

Towards a more proactive approach to brand protection: development of the Organisational Risk Assessment for Product Counterfeiting (ORAPC)

Through an adaptation of a terrorism risk assessment model, this article develops an initial proactive product counterfeiting risk assessment that is designed to focus upon a specific product’s risk for being counterfeited. The goal of developing this risk assessment is to help corporations identify the products that are most at risk for counterfeiting, thereby giving them the ability to focus their resources in the areas where the greatest opportunities for crime are present. This risk assessment is intended to serve as the first line of defence in a comprehensive and proactive brand owner strategy centred on identifying product-specific counterfeiting risk. The assessment comprises three factors that, together, capture a product’s counterfeiting risk level: the threat of product counterfeiting, the brand owner’s vulnerability to product counterfeiting and the potential consequences of a counterfeit product entering the market and reaching consumers.     

Gault's Promise Revisited: The Search For Due Process

Fifty years ago, due process was introduced into the juvenile courts, but today children still do not have the guiding hand of counsel at every stage of the proceedings. In assessing the pre‐Gault world, Chief Justice Fortas observed that “[a] child receives the worst of both worlds:…he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children.” 1 Fortas opined that “Then as now good will and compassion were admirably prevalent. But recent studies have entered with surprising unanimity, sharp dissent to the vitality of this gentle conception. They suggest that the appearance as well as the actuality of fairness‐ impartiality and orderliness‐ in short the essentials of due process may be a more therapeutic attitude so far as the juvenile is concerned.” 2 The prescience of his observation has found resonance and reinforcement with the 2013 publication of Reforming Juvenile Justice: A Developmental Approach 3 which was commissioned by the Office of Juvenile Justice Delinquency and Prevention (OJJDP). Reforming Juvenile Justice's emphasis on encouraging not only the perception but the actuality of fairness in all domains 4 connects directly to the essence of Gault's message. “Treating youth fairly and ensuring that they perceive that have been treated fairly and with dignity contribute to positive outcomes in the normal processes of social learning, moral development, and legal socialization adolescence.” 5 The research also demonstrates that public health oriented alternatives to traditional court processing promote social connection and positive youth development. 6 The OJJDP report provides a road map for promoting positive youth development and social engagement by demonstrating that supporting such policies improves public safety outcomes by reducing recidivism. In exploring whether Gault's promise of due process has been realized or is still aspirational, this article suggests that our inquiry requires us to think contextually by considering how children and families are treated in and out of the courtroom. This entails consideration of educational, child welfare and mental health services, as well as the scope of legal entitlements. Equity and fundamental fairness, euphemisms for due process, are what will truly effectuate Gault's promise and should be the benchmark for all courts and systems that engage with children.     

War Chests as Precautionary Savings

I present a model of campaign spending and saving in repeated elections which yields empirical implications on the creation of war chests. As previous studies disagree whether war chests deter potential challengers from running against incumbents, I present an alternative model that intentionally excludes deterrence as a motivation and formalizes under what circumstances (if any) a war chest would be created for savings. The model predicts that an incumbent creates a war chest when she faces a weaker challenger, i.e. as precautionary savings for future elections. The model yields several other predictions of incumbent fund-raising, spending, and saving behavior. Using incumbents from 1982–1998 U.S. House elections, I find strong empirical support for the predictions of the model.     

The Effect of Competency Restoration Training on Defendants with Mental Retardation Found Not Competent to Proceed

The present investigation focused on the reevaluations of competency to stand trial (CST) of 75 criminal defendants with mental retardation (MR) who were originally found incompetent and who were referred for treatment. The effect of competency restoration training was examined. Site of training was also investigated. Because habilitation facilities are specially designed to help individuals with MR, it was suspected that training at habilitation centers would have a greater effect on restoration of defendants with MR than the training at state hospitals. Results showed that significantly more defendants did not gain competency following training than those who did. Analysis revealed that (a) higher IQ and (b) being African American rather than Caucasian American were predictive of restoration. When discriminating factors were held constant, site of training did not significantly affect competency restoration. Possible explanations for this finding were discussed.