Environmental dispute resolution and hazardous waste cleanups: A cautionary tale of policy implementation

New York State experimented with replacing their litigation-oriented system for achieving toxic dump site cleanup with one promising to lower transaction costs through alternative dispute resolution. Our analysis of outcomes is informed by three generations of implementation work focusing on (1) the motivations and incentives shaping individual behavior, (2) the larger organizational and political factors associated with variation across cases, and (3) the generic properties of policy implements. This mosaic approach to explanation produces, we believe, a more lifelike picture of use to policy makers for understanding the dynamic and interrelated nature of their choices.     

NGOs and Ethnic Conflict: Lessons from the Work of the Project on Ethnic Relations in the Balkans

This article examines the impact of nongovernmental organization-sponsored contact and communication on fostering peaceful solutions to ethnic conflict via case studies of the activities of the Project on Ethnic Relations (PER) in Romania, Macedonia, Montenegro, Kosovo, and Serbia. It explores five operational principles that guide PER activity: creating credible, neutral forums for dialogue; maintaining momentum; working within political realities; encouraging indigenous solutions from within existing processes; and acting with the backing of powerful states. These principles explain PER's success as a "weak mediator" of ethnic conflicts. According to this analysis, PER also exhibits organizational characteristics that contribute to success, including nonpartisanship, area expertise and extensive networks of local contacts, and an ability to secure the trust of local actors.
A significant indicator of the success of PER activities is the establishment by conflicting parties of institutionalized mechanisms for addressing their differences. Contrary to the view that electoral competition contributes to conflict, this study finds that the possibility of achieving an electoral advantage by participating cooperatively in conflict resolution activities creates incentives for local actors to recognize opportunities offered by PER activities and leads local actors to heed PER's advice. Finally, the article offers a cautionary observation. While PER's perceived influence with major international actors may contribute to its local successes, once a state actor with the power to impose a solution has committed itself to ending a conflict, its preferences outweigh any local interests in determining the outcome and renders the efforts of a "weak mediator" such as PER irrelevant.     

英国的调解制度--近期发展

本文分析了英国近来的一些案例,介绍了英国在采取非诉方法解决争议方面的最新发展,强调了法院在一些案件中的态度.     

‘Bilingual’ education and discontent in Xinjiang

Efforts to promote and impose Mandarin Chinese as the language of instruction in ethnic minority schools in the Xinjiang Uyghur Autonomous Region, aimed at further integrating the state and raising regional educational and economic quality, have had mixed success. The 2004 plan to consolidate Han Chinese and minority elementary and middle schools and to make Mandarin the universal language of instruction in those schools is fostering an immersive second-language environment without prior preparation for students, bringing native speakers of Mandarin into unfair competition with non-native speakers. The increased focus on Mandarin has already had grave consequences for ethnic relations, especially in urban Uyghur schools, where the project is focused, while the mandate for change in educational curriculum and methodology has also been poorly planned and remains under-resourced, negatively impacting educational quality. The Chinese government has available to it other language policy solutions that are both more workable and friendlier to minority sensibilities.     

Boubou

He was only a little monkey, a very little one the first timeI saw him, not more than 9 inches tall; and when he died 3 yearslater, fully grown, he did not measure more than a foot anda half.     

The judicial role in life-sustaining medical treatment decisions.

Although there has been speculation regarding the pervasiveness and nature of judicial decisions regarding life-sustaining medical treatment (LSMT), no attempt has been made to empirically assess their prevalence or the issues they address. An exploratory study utilizing a mail survey of a nationwide random sample (N = 905) of state trial court judges was conducted to provide initial information regarding this decision-making process. Twenty-two percent of the responding judges had heard at least one LSMT case, and judicial review did not appear endemic to particular states. The number of judges hearing LSMT cases dropped from 1975 to 1981 but has increased since then. Three major issues predominate: patient competency, appointment of a surrogate decisionmaker, and resolution of the ultimate issue of forgoing LSMT. Relatively few cases either contested a prior directive's validity or involved imposing sanctions for instituting or forgoing LSMT. Although subject to different interpretations, the results suggest the courts are having a significant impact on certain aspects of the LSMT decision-making process. However, the infrequency with which any one judge is called upon to make an LSMT decision causes concern about the judiciary's ability to respond in a timely and appropriate manner. With their potential for a profound effect on the actions of health care providers, greater attention to this decision-making process is warranted.     

Ethnicity, gender, and the Level of Service Inventory-Revised

Offender assessment and classification is becoming an increasingly important part of correctional supervision and intervention. Over the last several decades, several different methods and “generations” of offender classification have emerged. Of most value appear to be third-generation, actuarial, dynamic risk/need assessments. With any new correctional strategy, however, there is a need to investigate the use of these risk/need assessments on offender subgroups in order to inform issues, such as reliability and prevalence of criminogenic risk factors. The present study utilized data that were gathered using the Level of Service Inventory-Revised (LSI-R). Results and comparisons of these assessments were investigated and presented for Native American and non-Native American offenders as well as male and female offenders. Discussion of the results, implications, and recommendations for further research are presented.