Jewish-Palestinian Relations in Israel: From Hegemony to Equality?

This article focuses on the relationships between the Jewish majority and the Palestinian minority in Israel. Opening with a historical perspective that emphasizes the marginality of the minority, the article proceeds to describe empirically that minority's inferior and subservient condition. The third section proposes an elaborate conceptual framework for analyzing politics in deeply divided societies and then applies it to the Israeli case. The final part addresses the possibility of transforming Israel's political system from one that is ethnically hegemonic and democratically flawed into a polity that is open, inclusive, and genuinely democratic. The article identifies ways for effecting such a systemic transformation through individual-based approaches (especially liberal democracy) and group-based designs (consociationalism, multinationalism, federalism, cantonization, and autonomy).     

Redefining Apartheid in International Criminal Law

This article asks: to what extent is Article 7(1)(j) of the Rome Statute—the crime of apartheid—a tenable crime in international criminal law? It will be argued that despite the obligations incumbent on states not to intentionally discriminate against social groups, there is no customary legal norm of apartheid as a distinct crime against humanity. This is premised on the distinction between state obligations as different from norms demanding individual liability in international criminal law, as well as inadequacies of the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) and the absence of case law relying on apartheid as a crime against humanity. Further, the weaknesses hindering the formation of a customary norm of apartheid as a distinct crime against humanity will be assessed with regard to the Rome Statute. Also it will be shown that the lack of coherence of Article 7(1)(j) demonstrates that the crime of apartheid is subsumed by the crime of persecution. Finally, two suggestions are offered on how the crime of apartheid could be established as a distinct offence in international criminal law. The central thesis of this paper is that the crime of apartheid is ambiguous and inoperable. In order for Article 7(1)(j) to be relevant in international criminal law, the offence must be reworked and clearly articulated.     

Capitalism,culture, agency: Dependency versus postcolonial theory

This article reads dependency alongside and against postcolonial theory in an attempt to reinvigorate and re-validate some of the insights of the former, while at the same time supporting the latter's current ascendancy in the field of Third World politics. It is argued that although dependency and postcolonial theory share some common territory--a suspicion of Western liberal modernity, a critical-historical analysis--they tend to have irreconcilable differences that show up their respective strengths and vulnerabilities. Dependency chooses a structuralist and socioeconomic perspective, seeing imperialism and development as tied to the unfolding of capitalism, whereas postcolonial theory favours a post-structuralist and cultural perspective, linking imperialism and agency to discourse and the politics of representation. The article stages a mutual critique of them, based on the work of Frank, Cardoso & Faletto, Said, Spivak and Bhabha.     

The next generation of court-mandated domestic violence treatment: a comparison study of batterer intervention and restorative justice programs

Objectives

The most common approach to treatment of domestic violence crimes in the United States is the mandated group-based Batterer Intervention Program (BIP). Several alternative treatment approaches have been developed over the years, including a restorative justice-based treatment program for domestic violence offenders called Circles of Peace (CP). This study compared a CP program administered in Arizona with a local BIP program, in controlled settings.

Methods

This study involved a randomized controlled trial with 152 domestic violence cases randomly assigned to either BIP or CP between September 2005 and March 2007. Independent sample t tests were used to measure treatment outcomes post-random assignment, in terms of both domestic violence and non-domestic violence re-arrest rates during four follow-up periods (6, 12, 18, and 24 months).

Results

CP participants experienced less recidivism than BIP during all follow-up comparisons. However, statistically significant differences were detected only for the 6-month (p?<?.1) and the 12-month (p?<?.05) follow-up comparisons for non-domestic violence re-arrests, and no statistically significant differences were detected for the domestic violence re-arrests.

Conclusions

The findings are generally statistically non-significant at .05. While these results do not suggest a change in policy from BIP to CP for domestic violence crimes, it does dispel the popular belief that restorative justice cannot be used to treat domestic violence criminal activity, in that CP does no worse than the traditional batterer intervention program. Given the low statistical power and high attrition rates, more research is necessary to test CP and restorative justice treatment generally in court-mandated domestic violence cases in order to understand the treatment impact on both domestic violence and non-domestic violence offenders.     

Clinical epidemiology of urban violence: responding to children exposed to violence in ten communities

This study explores the clinical epidemiology of children's exposure to violence as addressed by a program in which mental health clinicians work with law-enforcement agents in 10 U.S. cities. Data were collected on all participants contacted by the Child Development Community Policing Program (N = 7,313 individuals involved in 2,466 community incidents). Multivariate regression was used to examine sociodemographic and clinical correlates of the role of participants (victim, offender, or witness), location, and type of incident. The majority of incidents occurred in participants' homes. Adolescents were at a higher risk than children of being: (a) victimized, (b) involved in incidents outside their home, (c) experiencing a threat to their lives, and (d) suffering physical injuries. Males were more likely to be offenders than females, and to be subjected to physical injuries or involved in incidents that imposed a threat to their life. Females were significantly more likely to be victimized.     

THE POTENTIAL DEMISE OF ANOTHER NATURAL MONOPOLY: RETHINKING THE COLLECTIVE ADMINISTRATION OF PERFORMING RIGHTS

In most countries the right to publicly perform music is notadministered individually by the copyright holders but rathercollectively by performing rights organizations (PROs). Thecommon explanation behind the proliferation of collective administrationis that some aspects of copyright administrations are naturalmonopolies. It is often argued that individual administrationis impracticable or at least non-economical. Collective administrationis therefore promoted as the most efficient method for licensing,monitoring and enforcing those rights. In addition, becausethe market is a natural monopoly, regulation, rather than anattempt to foster competition, is thought to be the optimalregulatory response. This is the first in a series of two articlesthat critically analyzes this natural monopoly argument. Inthis article I argue that the case for PROs is not as straightforwardas it is assumed to be. I show that many of the underlying costefficiencies that are attributed to PROs are usually simplyassumed and, in many cases, could be equally achieved underless restrictive arrangements.