Afghans have their memories: A reflection on the recent experience of assistance in Afghanistan

As the international community re-engages in Afghanistan, there is an opportunity to make good on commitments to the Afghan people in a principled and transparent manner. But Afghanistan comes with a history, and unless this history is understood and taken into account, both the political process and reconstruction are likely to end in failure. This article looks at the legacy of the way in which the donors and aid organisations operated in the past, and the manner in which they dealt with both the Mujaheddin and Taliban administrations. It examines how, in a period characterised by progressive hardening of political positions, accompanied by increasing aid conditionality, efforts to achieve greater coherence between political and aid strategies and to establish 'principled' positions often led to conflict and contradictions and at times seemed to undermine the impartiality of the international community. It then explores the extent to which the present pace and nature of international support for political and reconstruction activities are enabling--or not--the emergence of an administration in Kabul that has domestic legitimacy and can effectively manage reconstruction.     

Frustration: The mold of judicial philosophy

Abstract

The Framers understood the Constitution to be the fundamental expression of the rule of law over against the arbitrary, intemperate, and unjust “rule of men” that all too frequently existed in the political world, unfortunately both democratic as well as monarchical. Accordingly, the rule of law requires a well functioning political and legal system that includes legislative checks and balances, the separation of power between the President and Congress, an independent judiciary, federalism, etc. What happens when this “Madisonian” constitutional system, designed to express “the deliberate sense of the community,” runs into a Judicial branch that, in effect, claims we live under a Constitution, but the Constitution is what we say it is. Must the Judiciary itself be subject to the rule of law, and the decisions of a constitutional majority, or does their “independence” extend to being independent of the constraints of the rule of law and, thus, decent majority rule? How did the original John Marshall Court answer these questions, and what light do the leading cases and controversies shed on the relationship between the Marshall Court and the Madisonian System? Are we facing a situation of Marshall v. Madison?     

Women in IPV Treatment for Abusers and Women in IPV Survivor Groups: Different or Two Sides of the Same Coin?

The Calgary Counselling Centre offers therapy groups for both women whose partners abuse them, “You’re Not Alone” (YNA) and women who abuse partners, “Responsible Choices for Women” (RCW). The study examines 262 group members (157 RCW & 105 YNA), comparing their demographics and scores on measures of physical and non-physical partner abuse, and mental health symptoms. At pretest, women in YNA reported significantly more problematic depression, anxiety, general distress and trauma symptoms than women in the RCW program. Nevertheless, the factorial repeated measures analysis of variance on pretest/posttest data from 177 women found statistically significant improvements on all four outcomes measures for women in both groups, although women in the YNA survivor groups made the most improvements on depression, stress and general distress. Clinical implications are described.     

Autopsy radiography: digital radiographs (DR) vs multidetector computed tomography (MDCT) in high-velocity gunshot-wound victims

This study compared full-body digital radiography (DR) with multidetector computed tomography (MDCT) in the postmortem evaluation of gunshot wound (GSW) victims. Thirteen consecutive male GSW victims (mean age, 27 years) had full-body DR and MDCT prior to routine autopsy. DR successfully identified all metallic fragments, but MDCT was superior in its ability to precisely determine location because it provided 3-dimensional anatomic localization. In all cases, MDCT more accurately assessed organ injuries and wound tracks. Both DR and MDCT are limited in classifying multiple wounds and major vessel injury, but MDCT is generally superior to DR. MDCT shows significant advantages over DR in the forensic evaluation of GSW victims. This is particularly advantageous for the pathologist retrieving metallic fragments and for describing fracture detail accurately. Use of MDCT instead of radiographs will require medical examiners to become familiar with reading cross-sectional images.     

Risk factors for violence and relational aggression in adolescence

Analyses examined risk factors for seventh-and ninth-grade youth categorized as nonoffenders, physically violent, relationally aggressive, and both violent and relationally aggressive. Bivariate and multivariate results showed that relationally aggressive youth were elevated on most risks above levels for nonoffenders but lower than those for youth who were violent alone or violent in combination with relational aggression. Youth who were both relationally aggressive and violent did not differ from those who were violent alone on most risk factors examined. Peer, individual, and family risks were among the strongest predictors.     

The Doha Round's Public Health Legacy: Strategies for the Production and Diffusion of Patented Medicines under the Amended TRIPS Provisions

The entry into force of the World Trade Organization (WTO) TRIPSAgreement in 1995 transformed the international intellectualproperty system. The harmonization of basic intellectual propertystandards has operated to protect investment in innovation,limiting risks from unjustified ‘free riding’. Yetthese same harmonized IP standards sharply curtailed the traditionalcapacity of suppliers of public goods, such as health care andnutrition, to address priority needs of less affluent membersof society, particularly in (but not limited to) developingcountries. In the Doha Declaration, the Waiver Decision of 30August 2003 and the Article 31bis Protocol of Amendment, stakeholdersconcerned with re-opening policy space for the supply of newerpharmaceutical products pushed back against restrictive elementsof the TRIPS Agreement. Governments around the world are in the process of decidingwhether to ratify and accept the Article 31bis Amendment. Basedon their Study for the International Trade Committee of theEuropean Parliament, the authors argue that acceptance of theAmendment will provide a ‘net benefit’ for countriesseeking to improve access to medicines. At the insistence ofWTO delegations acting on behalf of the originator pharmaceuticalindustry lobby, Article 31bis regrettably is saddled with unnecessaryadministrative hurdles. Nonetheless, through skillful lawyering,political determination and coordinated planning, the systemcan be made to work. Among other options, expeditious back-to-backcompulsory licensing linked with pooled procurement strategiesmay effectively achieve economies of scale in production anddistribution of medicines. The authors doubt that the international political environmentwould support renegotiation of an ‘improved’ solution.They express concern that failure to bring the Amendment intoforce will open the door to a campaign to undermine the WaiverDecision. Recent events in Brazil and Thailand illustrate boththe opportunities and risks associated with implementing TRIPSexception mechanisms, and help to inform views on the negotiatingenvironment. Specific proposals for regional cooperation inimplementing the Amendment are laid out, and the authors emphasizethe importance of pursuing concrete transfer of technology measuresin support of developing country pharmaceutical manufacturing.Over-reliance on private market mechanisms for the supply ofpublic health goods leaves the international community withan unresolved collective action problem on a large scale.     

Predicting Recidivism Amongst Sexual Offenders: A Multi-site Study of Static-2002

The predictive accuracy of Static-2002 (Hanson & Thornton, Notes on the development of Static-2002 (Corrections Research User Report No. 2003-01), 2003) was examined in eight samples of sexual offenders (five Canadian, one U.S., one U.K., one Danish; total sample of 3,034). Static-2002 showed moderate ability to rank order the risk for sexual, violent and general (any) recidivism (AUCs of .68, .71, and .70, respectively), and was more accurate than Static-99. These findings support the use of Static-2002 in applied assessments. There were substantial differences across samples, however, in the observed sexual recidivism rates. These differences present new challenges to evaluators wishing to use actuarial risk scores to estimate absolute recidivism rates.     

Maintaining the Legal Status of People with Intellectual Disabilities as Parents: The ADA and the CRPD

People with intellectual disabilities face proceedings to terminate their parental rights with disturbing regularity, with protecting the interests of offspring the primary justification. Although protecting children from harm is surely critical, these termination proceedings involve problematic assumptions about how fitness to parent is understood, how parenting is legally constructed, and what nondiscrimination requires for parents with intellectual disabilities. Using Article 12 of the Convention on the Rights of Persons with Disabilities as a model, it suggests two alternatives to the all‐or‐nothing termination processes in place today that might better realize the enjoyment of legal capacity as parents on an equal basis with others for people with intellectual disabilities: limited terminations analogous to limited guardianships and supported parenting along the lines of supported decision making proposed in the CRPD.     

Evaluation of a restorative justice-based,community-based program for people who have offended sexually: participant impact

Community Justice Initiatives, Kitchener, Canada, offers a Restorative Justice program called Revive to people impacted by sexual harm, including men who have offended sexually. This volunteer-led program treats participants with compassion while holding them accountable for sexual harm perpetrated. Program goals include reducing isolation, promoting self-awareness, and fostering healing. Based on restorative justice principles, positive community reintegration and reduction of further sexual offending are the ultimate goals of the program.

We evaluated information from a questionnaire administered at intake, after the 7-week phase, and again after participation in the peer-support group. Participants responded quantitatively about the impact of Revive on six sexual offense-related outcomes statements (e.g., gaining understanding of their triggers, understanding why they sexually offended). They also indicated the impact of Revive on psychosocial dimensions such as stigma perception and social support. Qualitative questions further elucidated the experience of Revive participation. Findings suggest that Revive has an impact on self-understanding of why they sexually offended, victim empathy, as well as stress reduction and increased self-esteem. We conclude that the restorative justice framework is a very hopeful, positive one and that the Revive program is effective at enacting restorative justice-based principles.     

Good guys, bad guys: transnational corporations, rational choice theory and power crime

While its scope and scale can be exaggerated, the power transnational corporations (TNCs) exert in the contemporary world is considerable. This is often at the expense of states, or at least is exercised in a way that can undermine states. Some interactions between corporations and states or their officers constitute prime examples of power crime. A blatant form is where corporations either offer or else agree to pay bribes to state officials in order to secure a major contract. This capacity to corrupt state officials via large scale bribes gives corporations significant potential power. This article begins by citing allegations of active corruption of state officials by TNCs, as well as counter-examples (i.e. where TNCs have taken a stand against rent-seeking officials). It then argues that active corruption by corporations constitutes a major dimension of power crime, and seeks to explain apparently contradictory behaviours by TNCs, relating these to rational choice theories and neo-liberalism. It is argued that recent changes in corporate governance and behaviour have made rational-choice models and simplistic neo-liberalism either questionable or redundant. Bu at the same time, globalisation and its stable mate neo-liberalism encourage improper behaviour–various forms of power crime-by corporations.