When ADR becomes the law: A review of federal practice

Conclusion With the passage of the Administrative Dispute Resolution Act, the stage was set for innovation and change in federal agencies. Now, part way into the five-year life of the Act, a new administration has the potential to encourage even wider use of ADR at the federal level, providing still more examples from which to develop a clearer sense of best practice. Additional funds, both for ACUS and individual agencies, are vital to providing the level of experimentation, innovation, and documentation needed to ensure success.MIT ProfessorLawrence E. Susskind is director of the MIT-Harvard Public Disputes Program, 512 Pound Hall, Harvard Law School, Cambridge, Mass. 02138.Eileen F. Babbitt is associate director of the Public Disputes Program.Phyllis N. Segal is a practicing mediator with Endispute, Incorporated.The authors would like to acknowledge the federal dispute resolution specialists who contributed greatly to our work by providing interviews and materials for this article: Cathy Costantino of FDIC; David Batson of EPA; John Settle and Ron Walczak of HHS; David Drabkin of DLA; Jim Jones of DOL; Sheldon Guttman of FCC; Charles Pou of ACUS; Jeff Domber of GSA; and Diane Liff of DOT.     

The onset of adult offending: A neglected dimension of the criminal career

The conventional wisdom in criminology is that adult onset of offending is a rare event. Closer examination of the extant literature that use official records, however, reveals that an average of 50 percent of adult offenders initiate offending at age eighteen or older. Although criminological research has investigated late onset offending in adolescence, there is little research on adult onset offending and the correlates of adult offending. Using police contact and interview data from the 1942 and 1949 birth cohort data from Racine, WI, this study investigated the correlates of crime for adult onset and persistent offenders. The results show that employment is the only correlate to affect the probability of adult offending differently for previously delinquent and nondelinquent offenders. This article concludes by highlighting the neglect of research on adult offenders, specifically the large percentage of adult onset offenders, and calling for more research on this topic.     

Politics Lost, Politics Transformed, Politics Colonised? Theories of the Impact of Mass Media

In recent years, there has been a substantial increase in the literature on the relationship between politics and mass media, mainly in discrete topic areas such as the impact of mass media on electoral behaviour, the emergence of new forms of political communication, or media political economy. At the same time, this diverse literature has often focused on a single general issue, typically characterised in terms of the 'transformation' of politics. Despite this common theme, there has been relatively little attempt to connect and compare the different approaches. Looking at the theoretical differences in the new literature on politics and mass media reveals three perspectives – pluralist, constructivist, and structuralist. These approaches have too often tacitly co-existed, instead of more competitively striving to advance knowledge in the three main topic areas above.     

A LOG‐MULTIPLICATIVE ASSOCIATION MODEL FOR ALLOCATING HOMICIDES WITH UNKNOWN VICTIM‐OFFENDER RELATIONSHIPS*

This research note critically evaluates conventional methods for allocating homicides with an unknown victim/offender relationship to meaningful categories, and it proposes an alternative approach. We argue that conventional methods are based on a problematic assumption, namely, that the missing data mechanism is “ignorable.” As an alternative to these methods, we propose an imputation algorithm derived from a log‐multiplicative model that does not require this assumption. We apply this technique to estimate levels of homicides disaggregated by victim/offender relationship using the Federal Bureau of Investigation's Supplementary Homicide Report (SHR) data for 1996 and 1997, and we compare the resulting estimates with those obtained from the application of conventional procedures. Our results yield a larger proportion of stranger homicides than are obtained from the conventional methods.     

An Australian Empire Patriot and the Great War: Professor Sir Archibald T. Strong (1876–1930)

Archibald T. Strong, born in Melbourne, was the son of an Australian scholar who went to an academic post at Liverpool. The younger Strong received his secondary and tertiary education in England. There, he became proficient in modern European languages and literature. He initially planned a career in the law, but for health reasons returned to Australia to the Department of English at the University of Melbourne. Prior to the First World War, Strong became prominent in Melbourne literary circles and also a prolific commentator on world affairs. As an early member of the Round Table group in Australia, Strong assessed Imperial Germany as posing an existential threat to the British Empire and hence to Australia's security. The nation's future, he believed, lay in unwavering defence of the Empire. Strong evinced a distinct impatience with fellow citizens, especially on the socialist left, who failed, in his view, to understand the realities of Australia's position in the world and what was at stake in the Great War.     

PUBLIC SECTOR REFORM IN DUTCH HIGHER EDUCATION: THE ORGANIZATIONAL TRANSFORMATION OF THE UNIVERSITY

During the past few decades traditional state‐centred governing arrangements have been critiqued and replaced by alternative modes of governance. Higher education is one of the public sectors where such shifts in governance have been seen. As a consequence of the reshuffling of authority and responsibilities across the different levels in Dutch higher education, universities as organizations have become important foci of attention in the system’s coordination. The main question addressed in this article is to what extent we can speak of an organizational transformation of Dutch universities. Based on conceptual ideas from researchers such as Greenwood and Hinings (1996), Ferlie et al. (1996) , and Brunsson and Sahlin‐Andersson (2000) , we use a framework that focuses attention on the concepts of the construction of identity, hierarchy and rationality to systematically analyse the various aspects of transformations of professional organizations.     

Bolt from the Blue or Avoidable Failure? Revisiting September 11 and the Origins of Strategic Surprise

Drawing on the strategic surprise, warning-response, and foreign policy literature, this article argues that the September 11 terror attacks should be regarded as a strategic surprise and examines a number of key factors that contributed to vulnerability and inhibited vigilance. Three broad explanatory "cuts" derived from the literature—psychological, bureau-organizational, and agenda-political—are deployed to sift through the rapidly expanding empirical record in an effort to shed light on the processes and contextual factors that left the United States vulnerable to the attacks. The article aims to improve our understanding of generic processes and practices that enhance or detract from vulnerability and vigilance.     

The sentencing reform act of 1984: A bold approach to the unwarranted sentencing disparity problem

Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.