The legal geographies of transnational cyber-prosecutions: extradition,human rights and forum shifting

This article describes legal and human rights issues in three cases of transnational online offending involving extradition requests by the United States (US). These cases were selected as all suspects claimed the negative impacts of autism spectrum disorders (ASDs) were sufficient to deny extradition on human rights grounds. We demonstrate how recent developments in UK and Irish extradition law raise human rights and prosecutorial challenges specific to online offending that are not met by established protections under domestic and internationally sanctioned approaches to extradition or human rights law. In these cases, although the allegedly unlawful conduct occurred exclusively online and concurrent jurisdiction enables prosecution at both the source and location of harm, we demonstrate why national courts hearing extradition challenges are extremely reluctant to shift the trial forum. We conclude by discussing the implications of the new geographies of online offending for future criminological research and transnational criminal justice.     

Patterns of victim marginalization in victim-offender mediation: some lessons learned

This article discusses issues that restorative justice programs may face during implementation and lessons learned from an exploratory study. We examined various perspectives of multiple participants who experienced a Victim-Offender Mediation (VOM) program in a mid-sized Midwestern city in the U.S. The primary data source comprised 34 interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators, and representatives from referring agencies. Observations complemented the interview data. Findings revealed patterns of victim marginalization during the processes used: victims were not prepared appropriately; were at times pressured by mediators to behave in certain ways; and, occasionally felt intimidated by offenders and/or their families. We discuss some factors that may have influenced the emergence of these patterns. This study revealed gaps between the guiding principles of restorative justice theory and field practices, particularly sensitivity toward victims to meet their needs. We suggest that restorative justice programs should consider using a monitoring system to ensure that the processes used remain consistent with the values and principles of restorative justice.     

Those Who Hesitate are Lost: The Case for Setting Behavioral Health Treatment and Disability Standards, Part III

The first and second articles in this 3-part series discussed systematic issues related to multiple standardization problems and their compounding impact on the state and federal disability systems. In addition, the lack of standardization negatively influencing the behavioral health (BH) training and treatment processes may have the potential to cause harm not only to the individual receiving professional care but also to the clinician providing the treatment. In the final article of the series, I make recommendations for systemic changes for the field as well as for potentially revising previous models toward moving the Behavioral Health treatment and disability systems into more of a biopsychosocial approach. However, conclusions emphasize that successful implementation of recommendations and models require the involvement of all of the stakeholders in promoting better outcomes and in facilitating individuals; return to the workplace.     

Those Who Hesitate Are Lost: The Case for Setting Behavioral Health Treatment and Disability Standards, Part I

There are multiple factors that impede the implementation of standards into the behavioral health (BH) treatment and disability processes. The combination of physical and psychological conditions as well as the influence of psychosocial issues has consistently been identified as having negative effects on treatment and treatment outcomes. Further, the wide-spread lack of standardization causes a multitude of problems throughout both BH processes. The focus of this first article in a three-part series will examine the explosion of behavioral health claims and the major factors, such as comorbid physical conditions and psychosocial issues, associated with these types of claims. In addition, the overarching theme of lack of standardization will begin to be explored in regard to the problematic definition of disability, communication difficulties between treating professionals and disability insurers and agencies as well as the introduction of bias into the BH treatment and disability processes.     

Beyond the Blame Game: Political Strategies for State Funding Reform

There is growing concern that intergovernmental financial relations in the Australian federation are becoming increasingly acrimonious and dysfunctional. This paper argues that it is necessary to analyse State funding as a whole, including the critical relationship between State‐level taxation and its reform and the broader Commonwealth Grants Commission regime, if we are to establish a system of State funding which is financially sustainable, promotes economic efficiency and is broadly congruent with established norms of Australian federalism. Above all, based on international experience, we argue Commonwealth leadership is required to achieve this goal. We conclude with a case study concerning resource taxation which demonstrates how the Commonwealth could provide leadership using a ‘bundled’ approach to policy reform. It is argued that such an approach has the potential to alleviate wider intergovernmental conflicts which currently afflict Australian federalism.     

O.D. at the U.N.: facilitating global change

Expanding our OD horizons to the global level means not only carrying abroad what we know, but also being sensitive to diverse clients who may operate from cultural assumptions very different from our own. Both formal and informal change is possible at international gatherings if practitioners follow a few key guidelines. Seven such observations are discussed by the author, who includes a discussion of “expert” and “process” consultation methods. The article concludes that OD skills are needed in the international arena, but are often unappreciated or unknown. Hence, OD professionals must be educators in addition to their interpersonal practice of superior communication skills.

OD is only beginning to stretch its full imaginative power and practice to the international arena, as is reflected in my experiences at a conference of 122 countries held at the United Nations in Vienna, Austria. The conference was the first convening of nations to discuss the topic of old age in light of the policy and organizational implications of global demographic change.     

Challenges of Evaluating Democracy Assistance: Perspectives from the Donor Side

A large number of multilateral and bilateral donors have become engaged in the area of democracy and governance (DG) assistance over the last 15 years, stimulated by a series of trends and events. Despite the maturation of DG assistance as an important development area and the high profile of democracy promotion as a key foreign policy goal, research on the impact of this assistance and the effectiveness of different types of programming has been limited. Donors are constantly in need of feedback on the effectiveness and impact of their programming in order to revise programme designs, re-strategize aid portfolios, or address new DG issues. Moreover, legislatures increasingly require government aid agencies to be able to measure the results of their programmes, thereby demonstrating a ‘return on investment’ that would guide future assistance. Quality research is hampered by a daunting political, logistical, and methodological context, however. In 2005 a donor-sponsored workshop was organized to discuss challenges facing the evaluation and assessment of DG programming and assistance. The purpose of this article is to share insights from the workshop with a wider audience of scholars, practitioners and other policy-makers in the hope that this will stimulate additional research and thinking in this area.     

Measuring the quality of election administration

How do we distinguish between a ‘genuine’, ‘free and fair’, or ‘legitimate’ election and an election that is something less? In this article, we offer an answer to this vexing question: the Election Administration Systems Index (EASI). EASI is a practical, transparent, and sustainable tool for measuring the quality of elections in the developing world. The following pages describe the current limitations in measuring election quality, detail the EASI approach, and provide a comparative analysis of the results of its pilot implementation. EASI scores are drawn from a survey of experts on elections in the target country following a recent nationwide election. The analytical framework is comprised of three electoral dimensions: participation, competition, and integrity of the process. We also divide these dimensions temporally according to the electoral cycle: either pre-election, during the election, or post-election. The final product is a set of six primary scores displayed across dimension and time. By aggregating the survey data in this fashion, we provide for a nuanced assessment of an election by each dimension and across the cycle. As our pilot results demonstrate, EASI is a diagnostic tool for identifying electoral strengths and weaknesses and serves well for comparative assessments.     

Analysing legislative performance: a plebeian perspective

Legislative performance can be understood in terms of results (the quality of the laws enacted) or in terms of the literal performativity of legislators (the quality of their appearances on the public stage). This article examines two different ethical frameworks for evaluating legislative performance in this latter, performative sense: a deliberative model, which restricts just political performances to deliberative exchanges among citizens, and a plebeian model, which expands just political performances to include those where political and economic elites endure special burdens as a condition of their elevated status. Given certain drawbacks of the deliberative model and parallel advantages of the plebeian model, I endorse the plebeian approach to political performativity. The article concludes by elaborating one of the key contrasts between the two models with regard to political communication, namely the plebeian model's embrace of a distinct form of legislative disruption. Beyond the way deliberation itself disrupts non-communicative forms of power and beyond the way protests physically disrupt governmental processes, plebeianism invokes a third kind of disruption – non-deliberative speech – intended to rebuke and humble leaders rather than reach mutual understanding about issues.