From Pariah State to Global Protagonist: Argentina and the Struggle for International Human Rights

Democratizing states began in the 1980s to hold individuals, including past heads of state, accountable for human rights violations. The 1984 Argentine truth commission report (Nunca Más) and the 1985 trials of the juntas helped to initiate this trend. Argentina also developed other justice‐seeking mechanisms, including the first groups of mothers and grandmothers of the disappeared, the first human rights forensic anthropology team, and the first truth trials. Argentines helped to define the very term forced disappearance and to develop regional and international instruments to end the practice. Argentina thus illustrates the potential for global human rights protagonism and diffusion of ideas from a country outside the wealthy North. This article surveys Argentina's innovations and proposes possible explanations, drawing on theoretical studies from transitional justice, social movements, and norms cascades in international relations.     

Can Civil Society Organizations Solve the Crisis of Partisan Representation in Latin America?

This article takes up the question of whether civil society organizations (CSOs) can and do act as mechanisms of representation in times of party crisis. It looks at recent representation practices in Argentina, Bolivia, and Brazil, three countries where political parties have experienced sharp crises after several decades of mixed reviews for their party systems. At such moments, any replacement of parties by CSOs should be especially apparent. This study concludes that the degree of crisis determines the extent that CSOs' representative functions replace partisan representation, at least in the short term. Where systems show signs of re‐equilibration, CSOs offer alternative mechanisms through which citizens can influence political outcomes without seeking to replace parties. Where crisis is profound, CSOs claim some of the basic party functions but do not necessarily solve the problems of partisan representation.     

Limited Liability Companies and Technology Transfer

This paper provides an introduction to a new organizational form of business in the United States, the Limited Liability Company (LLC), and explores the potential use of LLCs for technology-transfer arrangements. Favorable characteristics of LLCs are limited liability for all equity holders, avoidance of corporate double taxation, flexibility of organizational form and distributions of profit, and few restrictions on membership. An unfavorable characteristic is that shares in an LLC cannot be publicly traded. The paper argues that, overall, the LLC form promotes certain types of strategic alliances, including those dealing with technology transfer. In particular, LLC characteristics lend themselves well to strategic alliances that form to share risk, exploit complementary assets, reduce transactions costs, overcome investment barriers, exchange technology, speed innovation and development, and make international expansions. The paper also points out why technology-transfer arrangements can and will continue to take on other forms as well.     

Privatization in British Columbia: lessons from the sale of government laboratories

Abstract: Among the more controversial privatizations that the Province of British Columbia announced in March 1987 were the sale of the soil, dairy and environmental laboratories. The last two performed testing to monitor private firms' compliance with provincial health and environmental regulations. A review of the three transactions offers lessons concerning both the process of privatization in British Columbia and the limits to privatization by contracting-out. Privatization of elements of government regulatory functions presents three problems: first, private sector contractors may be subject to conflict of interest; secondly, complex and costly contract-monitoring arrangements may be required to ensure the quality of work performed by contractors; and finally, failure of the contractual arrangements will have implications beyond the contract itself, ultimately affecting the government's ability to achieve its regulatory objectives. A striking feature of the privatization process was the inducements offered to government employees to get them to become private-sector contractors. The province even accepted uncompetitive bids from employee groups, contradicting its own primary objective of privatization, to increase efficiency based on competition. The case studies also demonstrate that transaction and transition costs of privatization may be substantial, particularly for small operations. Sommaire: L'une des privatisations les plus controversées annoncées par la Colombie-Britannique en mars 1987 fut la vente des laboratoires d'analyse des sols, des produits laitiers et de I'environnement. Il incombait aux deux derniers de ces établissements de procéder à des tests dans les entreprises privées pour s'assurer que les réglenients provinciaux sur la santé et l'environnement y étaient respectés. L'étude de ces trois transactions est révélatrice du processus de privatisation en Colombie-Britannique et des contraintes pouvant résulter de la sous-traitance. La privatisation de certains éléments de la fonction gouvernementale de réglementation présente trois probèmes: premièrement, les entrepreneurs du secteur privé peuvent se trouver en situation de conflit d'intérêt; deuxièmement, des dispositions complexes et coûteuses de surveillance des contrats peuvent s'avtrer nécessaires pour vérifier la qualité des travaux effectués par les entrepreneurs; et finalement, le manquement aux dispositions du contrat a des répercussions qui touchent non seulement celui-ci, mais nuit également à la capacité du gouvernement d'atteindre ses objectifs de réglementation. Un fait étonnant a accompagné le processus de privatisation: les employés du gouvernement ont t été invités à devenir des entrepreneurs privés. La province a même accepté des offres non concurrentielles de groupes d'employés, contredisant ainsi l'objectif premier de la privatisation, soit accroitre l'efficacité par la concurrence. En outre, les études de cas montrent que les coûts de transaction et de transition de la privatisation peuvent être considérables, surtout pour des opérations de petite emergure.     

Justice in Moscow?

The article explores Russians’ satisfaction with their experiences in court and with the legal system more generally. The analysis draws on a nationally representative survey of Russians, fielded by the Levada Center in 2010. The results show that most court veterans believe that the decision in their case was just, and that the judge treated them well. But these positive feelings do not extend beyond their case. Russians who have no court experience tend to have more favorable views about the legal system than do court veterans. These findings serve to remind us of the difficulty of building confidence in the legal system in post-Soviet Russia.     

Assessing the Psychological Well-being and Coping Mechanisms of Law Enforcement Investigators vs. Digital Forensic Examiners of Child Pornography Investigations

Previous research indicates law enforcement investigators and digital forensic examiners working child exploitation cases are at an increased risk for experiencing psychological distress; however, the roles of digital forensic examiners and investigators often overlap substantially when working child pornography cases. Thus, the current study was the first to compare the psychological well-being, job satisfaction, coping mechanisms, and attitudes toward mental health services for individuals working as either digital forensic examiners and/or investigators of child pornography cases. Law enforcement officers were solicited from the Internet Crimes Against Children task force listserv, and based on their current self-reported duties, 20 were classified as digital forensic examiners-only, 71 as investigators-only, and 38 as both digital forensic examiners and investigators of cases involving Internet child pornography. Results showed significant differences between groups; individuals performing both duties scored significantly higher on secondary traumatic stress, higher on feelings of worthlessness, and lower on concentration compared to digital forensic examiners-only. Individuals performing both duties also reported significantly lower scores on job satisfaction compared to investigators-only. Finally, individuals working both duties were significantly more likely to know someone who sought counseling as a result of work-related stress. The study’s mental health implications and future research suggestions are discussed.     

Too close to home: Dioxin contamination of breast milk and the political agenda

Both the Canadian and U.S. governments have determined that breast-fed infants are among the populations most exposed to dioxins, receiving levels of exposure orders of magnitude above those considered acceptable. In light of the political controversy associated with dioxins and the cultural significance of breast milk as a symbol of purity, one might have expected dioxin contamination of breast milk to achieve prominence on both the popular and governmental agendas. Yet as this article demonstrates, this issue has received less media and governmental attention than other environmental issues believed to present comparable or lower health risks. Consistent with recent literature on agenda denial strategies, there is some evidence that efforts by environmental groups to publicize levels of breast milk contamination have been rebuffed by government officials, physicians, and breastfeeding advocacy groups fearful that women will stop breastfeeding. However, what is more striking is just how seldom environmentalists have attempted to reframe this issue. The article argues that North American environmentalists have consciously chosen not to press the dramatic issue of breast milk contamination out of concern that mothers would discontinue breastfeeding, as well as personal anxiety about an issue that fundamentally challenges conceptions of our own bodies and our relationships with our children. Their self-restraint challenges the depiction by some authors of environmental groups as eager to capitalize on any opportunity to provoke public concern and outrage to advance their agenda. The case study also suggests that the literature on agenda setting must look beyond active strategies of agenda denial by economically and politically powerful interests, to the role of shared cultural values in shaping – and restricting – the political agenda.     

The European Commission's Own ‘Preliminary Reference Procedure’ in Competition Cases?

This article considers the implications of the European Commission, as primary administrative enforcer of competition law in the Union, using its own ‘preliminary reference procedure’, through observations in national court proceedings under Council Regulation 1/2003, to minimise the risks of divergent application of EU anti‐trust rules under the decentralised system of enforcement ushered in by that Regulation. It sets the scene with the relationship between the European Commission and national courts in competition law, before describing the relevant provisions of the Regulation and its accompanying Courts Notice. It then discusses the legal nature of the Commission opinion as a Union instrument. Identifying cases where the Commission has offered observations, it assesses the implications of administrative intervention in judicial decision making. It finds that greater transparency is crucial for legitimacy, legal certainty and maximum impact on consistent application.