Reflections on the Spirit and Work of the U.S. Advisory Commission on Intergovernmental Relations

What did the U.S. Advisory Commission on Intergovernmental Relations (ACIR) accomplish before it was disbanded in 1996? Were its accomplishments sufficiently valuable to justify reestablishing the organization? This article reviews the commission’s origins, history, and accomplishments, and addresses future intergovernmental needs. The ACIR’s accomplishments were substantial, but are largely unavailable today. Lessons learned from the ACIR suggest the need to (1) recreate a network of intergovernmental advocates within the legislative and executive branches of the federal government; (2) restart the information flows and high‐level federal, state, and local policy dialogues that withered after the ACIR’s demise; (3) strengthen boundary‐crossing institutions capable of addressing metropolitan and multistate problems; and (4) develop new opportunities to achieve public policy outcomes that can be attained only by the cumulative efforts of federal, state, and local governments working together—often with private parties as well.     

Justice for survivors of sexual violence in Kitgum,Uganda

Based on fieldwork in the Kitgum district of northern Uganda, this paper investigates the experience of justice for the large number of survivors, female and male, of sexual violence as a result of the Lord's Resistance Army (LRA) insurgency and its aftermath. It asks: what justice do survivors of sexual violence want; what access to justice do survivors of LRA sexual violence have; what access to justice do the survivors of current sexual violence have; and what are the problems faced with delivering justice. It finds that the response has been minimal, ineffective and inappropriate. It concludes that the neglect of justice has serious implications for the attitudes on Acholi people towards the current Uganda government, for it perpetuates the perceived sense of marginalisation felt by many Acholi and which was a contributor to the LRA rebellion.     

Developmental incompetence to stand trial in juvenile courts

Juveniles' competency to participate in delinquency proceedings has received increased attention in recent years. Developmental incompetence, whereby juveniles' incompetency is based upon their immaturity, as opposed to a mental disorder or developmental disability, is an evolving and important aspect of this area of law. The following paper reviews theories used to support the notion of developmental incompetence, as well as the extant empirical research on juveniles' competency-related abilities. Using a LexisNexis search, statutory and case laws pertaining to juvenile competency were identified across the 50 states and the District of Columbia. Only six states clearly allow developmental incompetence, whereas 17 have laws that do not include developmental immaturity as an acceptable basis of incompetence in juvenile courts. Developmental incompetence is likely to affect a relatively small proportion of juvenile cases, but has important implications for juvenile forensic practice. Recommendations are offered for forensic practitioners conducting this type of evaluation.     

The analytical foundations of extortionate terrorism

Extortionate terrorism is the threatened use of terrorist acts to gain concessions from the victim. In this article, game theory is used to seek answers to the following questions: (a) When will people resort to extortionate terrorism? (b) When will extortionate terrorism succeed and when will it fail? (c) What constitutes an “optimal” threat, i.e., what bribes, extortion, ransom, or payoff should be asked in exchange for which hostages or property? (d) When should unsuccessful threats be carried out and when should they be abandoned? (e) How should a victim choose among potential responses to specific terrorist threats and to the general problem of terrorism? Two different game theoretic models of terrorism are examined— one using ordinal preferences, the other von Neumann‐Mor‐genstern utilities. Terrorism is considered not simply as isolated incidents; institutions are potential victims of repeated terrorism. The terrorist and the victim, in formulating a response to each incident, are guided not only by present gains and losses, but by the effect their response has on others’ perception of their credibility and resolve—two long‐run variables.     

Is There a Niche for Lawyers in the Field of Mediation?

Negotiation Journal -