A New Method of Assessing Judicial Workload in Juvenile Dependency Cases

This article describes a new method for calculating judicial workload in dependency or child abuse and neglect cases. In contrast to traditional judicial workload methods, the method described herein produces estimates of judicial workload that take into account the complex role of the juvenile dependency court judge—a role that includes both on‐ and off‐the‐bench activities. The method provides workload estimates that give guidance to courts not only about the minimally sufficient judicial resources needed to accommodate current caseload needs, but also what level of judicial resources would be required to hold substantive dependency court hearings that comport with nationally recognized practice recommendations. The article reviews commonly used judicial workload methods, outlines the new method, and uses a pilot of the method as an example of how the method works in practice. Broader implications of this workload method are also discussed.     

The West German electoral system: The case for reform, 1949–87

Since the 1960s the question of electoral reform (specifically the introduction of a majority voting system) has not been a live issue in West Germany. The wide acceptance of proportional representation has much to do with changes in political culture ‐ a greater tolerance of conflict and less concern with stability. Foreign observers often treat the West German system as a model. However, the two‐vote system, although seen as maximising electoral choice, is seriously defective: it is confusing, encourages manipulation, and gives voters the false impression of having a greater degree of choice than is actually the case.     

ARE WE REALLY LOOKING OUT FOR THE BEST INTERESTS OF THE CHILD? APPLYING THE NEW ZEALAND MODEL OF FAMILY GROUP CONFERENCES TO CASES OF CHILD NEGLECT IN THE UNITED STATES

This Note advocates for state laws to be amended to implement family group conferencing (FGC) as the first step in cases of alleged child neglect. FGC was developed in New Zealand nearly twenty years ago and have since become a realistic method of balancing the best interests of the children, families, agencies, courts, and communities involved in the child welfare system. A FGC is a meeting among family members and professionals that is conducted in order to develop a plan for a child who is the victim of neglect. FGC places the family at the center of the welfare proceedings and empowers them to reach a solution without having to resort to the often lengthy and expensive adversarial court system. If FGC is incorporated into the child welfare systems throughout the United States, communication between the parents, social services, and the courts could increase, helping families adequately address the problem of neglect and getting the children out of the child welfare system quickly and more efficiently.     

A Nested Game Approach to Political and Economic Liberalization in Democratizing States: The Case of South Korea

South Korea enjoyed high rates of economic growth until the mid–1990s. However in mid–1997 the country went into a severe economic crisis which ultimately resulted in a request for an IMF bailout. Leading up to the crisis, the government had embarked upon democratic liberalization but not much economic liberalization. This research explores why the government would lay the foundation for political reform without creating institutions capable of imposing economic reform on the politically powerful business sector. The absence of such institutions put the government in a position where it could not respond to the emerging economic crisis. The government's inability to act eroded its own position of power and governance. From this perspective, the government's inattention to economic reform appears irrational as it led to a weakening of its own position. We build a model of political and economic liberalization showing that the government was engaged in nested games (i.e., games in multiple arenas) with the political opposition, the labor unions, and the powerful business sector. We develop an argument that strong, antiliberal economic actors create incentive for the government in a democratizing state to refrain from economic liberalization, even while moving forward with democratic liberalization.     

Documenting Fair Use: Has the Statement of Best Practices Loosened the Fair Use Reins for Documentary Filmmakers?

The United States Copyright Act allows for fair use of copyrighted material under certain circumstances, but federal courts have been inconsistent in rulings on copyright infringement cases in which documentary filmmakers claim fair use. This can be problematic for documentarians, who often use copyrighted materials. The 2005 “Documentary Filmmakers’ Statement of Best Practices in Fair Use” addressed this inconsistency by providing guidelines for filmmakers. This article analyzes relevant federal cases before and after the statement in which a documentary filmmaker was sued under the Copyright Act for infringement and in which a court addressed the issue of whether the use was fair. A case analysis shows that federal rulings have become slightly more accommodating toward the use of copyrighted material in documentaries and the use of copyrighted video in general since the statement was introduced. The statement's relevance to fair use case law is also examined.     

Theorizing power in transition studies: the role of creativity and novel practices in structural change

An important theoretical challenge for theorizing about power dynamics in societal transitions is the transformation of power itself. In this respect, it is especially puzzling how agency at the level of novel practices can extend beyond the habitual, how it can draw on structures and destructure at the same time and in doing so, how it might emerge both as a creative and a destructive force. This article addresses this puzzle by scrutinizing and refining multi-level conceptions of power in the field of transitions studies. In the first part, it explores one specific multi-level framework by Grin and Van Tatenhove in a longitudinal case study of wind energy projects in Denmark and establishes that it has four conceptual short-comings—relating to (1) temporality; (2) relationality; (3) materiality; and (4) creativity—that this article claims to overcome in the second part. In order to so, it draws on several practice theories for an extended framework that enables the unpacking of the interplay between creativity and transition processes.     

Gender differences in risk for intimate partner violence among South African adults

Despite a high prevalence of intimate partner violence in South Africa, few epidemiological studies have assessed individual risk factors and differential vulnerability by gender. This study seeks to analyze gender differences in risk for intimate partner violence victimization and perpetration according to childhood and adult risk factors in a national sample of South African men and women. Using data from the cross-sectional, nationally representative South Africa Stress and Health Study, the authors examine data from 1,715 currently married or cohabiting adults on reporting of intimate partner violence. Our analysis include (a) demographic factors, (b) early life risk factors (including exposure to childhood physical abuse, witnessing parental violence, parental closeness, and early onset DSM-IV disorders), and (c) adult risk factors (including experiencing the death of a child and episodes of DSM-IV disorders after age 20). Although prevalence rates of intimate partner violence are high among both genders, women are significantly more likely than men to report being victimized (29.3% vs. 20.9%). Rates of perpetrating violence are similar for women and men (25.2% and 26.5%, respectively). Men are more likely to report predictive factors for perpetration, whereas women are more likely to report predictors for victimization. Common risk factors among men and women reporting perpetration include exposure to childhood physical abuse, witnessing parental violence, and adult onset alcohol abuse/dependence. However, risk factors in male perpetrators are more likely to include cohabitation, low income, and early and adult-onset mood disorders, whereas risk factors in female perpetrators include low educational attainment and early onset alcohol abuse/dependence. The single common risk factor for male and female victims of partner violence is witnessing parental violence. Additional risk factors for male victims are low income and lack of closeness to a primary female caregiver, whereas additional risk factors for female victims are low educational attainment, childhood physical abuse, and adult onset alcohol abuse/dependence and intermittent explosive disorder. Intimate partner violence is a significant public health issue in South Africa, strongly linked to intergenerational cycling of violence and risk exposure across the life course. These findings indicate that gender differences in risk and common predictive factors, such as alcohol abuse and exposure to childhood violence, should inform the design of future violence-prevention programs and policies.     

The dual nature of local content in Angola's oil and gas industry: development vs. elite accumulation

After decades of underdevelopment and conflict in the face of massive resource wealth, Angola is putting in place new strategies to dramatically increase its participation in its oil & gas and related services sectors. Although ‘local content’, or ‘Angolanização’, has been in place for decades, it has largely failed to increase the developmental benefits accruing from the country's resource wealth. The new local content push is likely to succeed at promoting economic growth. However, the policies have also become important mechanisms for unequal growth and new forms of elite accumulation. This paper reviews the historical context, legal framework, and current impact of local content in order to emphasise their dual role in creating development while concentrating elite power in Angola.     

Nonlinear adjustment of Asian real exchange rates

We utilize nonlinear models to examine the stationarity of Asian real exchange rates over the period from 1980:10 to 2007:09, using the US, Japan, and China as base countries. We find evidence of nonlinearity in most cases. Contrary to widely-held belief that the behavior of the real exchange rate should exhibit symmetrical adjustment for deviations above and below the equilibrium level, we find strong evidence of asymmetrical adjustment for most cases. Applying unit root tests that account for two types of nonlinearities (smooth transition and nonlinear deterministic trends) reveals evidence of stationarity in all but the Philippines vis-à-vis Japan. Further testing shows that the results are robust to different exchange rate regimes and, in the case of Malaysia, robust to the imposition of capital controls after the 1997 Asian crisis.