Book Review: How Mediation Works: Theory,Research, and Practice by Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn‐Brenneur,With Nancy H. Rogers

This is a book review of How Mediation Works: Theory, Research, and Practice by Stephen B. Goldberg, Jeanne M. Brett, Beatrice Blohorn‐Brenneur, with Nancy H. Rogers. How Mediation Works is intended for a wide range of audiences: practicing mediators; aspiring mediators; those who may refer cases to mediation; participants in mediation, including parties and attorneys; managers who facilitate disputes; and those interested in mediation without a specific plan to engage in the practice (who the authors call “mediation learners”). The book is a well‐written, thoughtful, easy‐to‐read, organized, and concise overview of mediation practice. The book is divided into six chapters: (1) conflicts, disputes, and their resolution; (2) dispute resolution processes; (3) the roles of the mediator and the disputing parties at each step of the mediation process; (4) dealing with difficulties; (5) mediation and the law; and (6) suggestions for aspiring mediators. Though not an authority for family law mediation, the book provides many insightful observations and suggestions that would be instructive and helpful to any mediator or individual with an interest in mediation.     

Re-Defining Defamation: Psychological Sense of Community in the Age of the Internet

In the era of traditional media, courts typically relied upon geographic constraints, including where a plaintiff lived or worked, to determine the appropriate community in defamation cases. The rise of the Internet has dramatically changed society – easily and immediately linking users across geography while allowing the rapid spread of information through a variety of channels that pose a challenge to the traditional media model centered around editorial judgment and professional ethics. Thanks in part to its global reach, the Internet has allowed users to engage in both business and social relationships around the world. Because of this, a person's need for a good reputation can no longer be confined solely to location. As a result, this article argues that courts must begin to evaluate other factors when determining relevant community in online defamation cases, positing that courts should utilize factors associated with psychological sense of community theory.     

Defining A Product Market for Spanish-Language Broadcast Media: Lessons from United States v. Univision Communications,Inc. and Hispanic Broadcasting

In 2003, a media merger with dramatic content and policy implications went largely unnoticed. Little attention was paid to the transaction because it did not affect the majority; it affected the largest minority population in the United States: Hispanics. Although up to 65% of Hispanics prefer Spanish-language media, most broadcast media now come from one corporation, Univision. In approving the consolidation of Univision and Hispanic Broadcasting, the FCC ignored product market findings by the Department of Justice as well as its own policy precedent, which includes numerous exceptions for Spanish programming to promote content and ownership diversity. Consistent with the FCC's mandate to protect the public interest, a demand-side analysis is undertaken, positioning the audience as consumer. Industry evidence, product market thresholds, and ownership rules are applied to United States v. Univision, Inc. and Hispanic Broadcasting, with the conclusion that a separate product market must exist for Spanish language broadcast media.     

Legislative recruitment to upper houses: The Australian senate and house of representatives compared

Although a majority of liberal democracies are bicameral, only four – Australia, the United States, Germany and Switzerland – have upper houses which have any significant legislative authority. However, it is unclear to what extent upper house members differ – in their backgrounds and beliefs – from their lower house counterparts. This article applies multivariate methods to survey data collected among 1993 Australian federal election candidates to examine patterns of legislative recruitment and political attitudes among Australian Senate and House of Representatives candidates. The results show that Senate candidates differ significantly in their personal : and political backgrounds when compared to House of Representatives candidates, although there are few, if any, differences in political views. The findings confirm the strong discipline that the major parties exercise over the Senate, particularly by selecting candidates who are more party – oriented than their lower house counterparts. This is anomalous given that the original purpose of the upper house was to defend the interests of the smaller states and territories. Finally, the article discusses the implications of this increasing partisan control of upper houses for responsible party government.     

What Should We Say We Say about Contrived ‘Self-Defense’ Defenses?

Imagine someone who deliberately provokes someone else into attacking him so that he can harm that person in defending himself against her attack and then claim “self-defense” when brought to court to defend himself for what he has done to her. Should he be allowed to use this defense, even though it’s clear that he has deliberately manipulated his attacker into attacking him precisely in order to be able to harm her with impunity (assuming he were allowed to use the defense and thus escape legal penalties)? This question is the focal point in the paper that follows. I argue first that the case described above is indeed an instance of an “actio libera in causa,” albeit arguably one at the margins of this controversial class of cases. Then, using a view about the justification of self-defense that I have defended elsewhere, I show why I believe that, while the manipulator should not be deprived of the legal right to defend his self-defensive actions in such cases by claiming they were a legitimate matter of self-defense, there is good reason to enact laws that will allow him to be prosecuted, independently of his “self-defense” defense, for manipulating his attacker as he did, thus allowing him to harm her in self-defense and then defend his actions as purely a matter of “self-defense.”     

Revitalizing inner‐city neighborhoods: New York city's Ten‐Year Plan

Abstract

This article examines the impact of New York City's Ten‐Year Plan on the sale prices of homes in surrounding neighborhoods. Beginning in the mid‐1980s, New York City invested $5.1 billion in constructing or rehabilitating over 180,000 units of housing in many of the city's most distressed neighborhoods. One of the main purposes was to spur neighborhood revitalization.

In this article, we describe the origins of the Ten‐Year Plan, as well as the various programs the city used to implement it, and estimate whether housing built or rehabilitated under the Ten‐Year Plan affected the prices of nearby homes. The prices of homes within 500 feet of Ten‐Year Plan units rose relative to those located beyond 500 feet, but still within the same census tract. These findings are consistent with the proposition that well‐planned project‐based housing programs can generate positive spillover effects and contribute to efforts to revitalize inner‐city neighborhoods.     

Race and residential accessibility to shopping and services

Abstract

Predominantly black, upper‐income census tracts in the 10‐county Atlanta region have lower accessibility to certain personal consumption opportunities than comparable white tracts do; black residents are more likely to have to leave their neighborhoods to eat out (other than at fast food restaurants), grocery shop, or see movies. Accessibility is calculated as a function of travel time to providers of local goods and services. Such accessibility is a desirable attribute and contributes to neighborhood quality and housing value.

We find that differences in residential accessibility to shopping and services by race are not explained by income differences, but could result from real differences in consumption patterns, though these are more likely due to demographic differences between black and white populations of comparable incomes; inaccurate information on neighborhood attributes and personal consumption preferences; or racially biased business decisions. We conclude by summarizing the policy implications of our findings.     

Sexuality,identity and dissidence: new scholarship on sub-Saharan Africa

In this review essay, I consider three recent monographs on sexuality and sexual cultures in Africa. Each of these three books grapple with the “problem orientation” of scholarship on African sexuality, in which sexuality is conceptualised primarily with reference to AIDS, homophobia and violence. The authors move beyond this problem orientation through a common concern investigating the poles of “modernity” vs “tradition”, “global” vs “local” and “authentic” vs “imported” as these concepts are deployed by activists, policymakers, and ordinary people talking about sex. All three authors also engage the question of how and why social changes happen, treating sexual identities and practices as dynamic, emergent phenomena.     

Creating a safer working environment through psychological assessment: A review of a measure of safety consciousness

This article explores how organizations can prevent workplace accidents through the psychological assessment of employees. We present a model of employee safety consciousness consisting of personality and attitudinal variables associated with a higher risk of accident involvement. A safety conscious employee is described as one who: has an internal locus of control in matters related to workplace safety, has a high tolerance for work‐related stress, and avoids engaging in high‐risk, sensation‐seeking activities. Relevant research is reviewed and applications of the safety consciousness construct to hiring, promotion and training are discussed.