What Difference Does a Robe Make? Comparing Mediators with and without Prior Judicial Experience

This article reports the results of two studies. The first study, based on the responses of attorneys to questions about the reasons for the success of mediators with and without prior judicial experience, shows that the capacity of the mediator to gain the confidence of the disputants was most important for mediators with and without prior judicial experience. Although certain process skills were viewed as important to the success of both former judges and nonjudges, in general, process skills were significantly more important for nonjudges than for former judges. The capacity to provide useful case evaluations, on the other hand, was significantly more important for former judges than for nonjudges. The second study, based upon attorney responses to questions about unsatisfactory mediators, reinforced the conclusions of the first study regarding the importance of confidence-building attributes. For both judges and nonjudges, the mediator's inability to gain the confidence of the parties was a major reason for his or her lack of success.     

A line already drawn: the case for voluntary euthanasia after the withdrawal of life-sustaining hydration and nutrition

When life-sustaining hydration and nutrition is withheld from an incompetent and immobile patient like Terri Schiavo, death comes to the patient by dehydration within about two weeks. Americans should be permitted to arrange for euthanasia at that point, as opposed to merely dehydrating to death, and should be able to incorporate their desire for euthanasia into an advance directive. A state constitutional right of privacy could provide the legal avenue permitting effectuation of such a choice.     

UK Abortion Law: Reform Proposals,Private Members’ Bills,Devolution and the Role of the Courts

UK abortion law remains unsettled, and subject to on‐going controversy and reform. This article offers a comprehensive critique of all reforms implemented or proposed since 2016. It examines reforms proposed in both Houses of Parliament and contextualises them within a public law analysis, showing both that the complex parliamentary processes relating to Private Members’ Bills have frustrated reform attempts, and that these attempts have been contradictory in their aims between the two Houses. Secondly, it examines the unique positions of Northern Ireland, Scotland and Wales to show the extent to which devolutionary settlements have influenced both reforms and executive involvement. Finally, it examines the potential impact of the courts on abortion law following Re Northern Ireland Human Rights Commission's Application for Judicial Review, showing that the Supreme Court's reframing of the debate in human rights terms is likely to affect abortion law, not only in Northern Ireland, but in the whole of the UK.     

Household furniture tip-over deaths of young children

The potential for the injury or death of a child resulting from the tip-over of a piece of household furniture or a domestic appliance has not been previously well recognized. We reviewed nine accidental deaths of young children that resulted from avoidable residential hazards and/or lapses in supervision of the children by their caregivers. The offending household items included televisions, bedroom dressers, a kitchen stove, and a lounge chair. The causes of death were mechanical asphyxia, blunt trauma, and combined blunt head trauma and asphyxia. All of the deaths could have been prevented by appropriate anchoring of the piece of furniture and/or closer supervision of the child. A thorough multidisciplinary investigation is essential in establishing the cause and manner of death in such cases and in identifying risk factors that may aid in the prevention of future childhood deaths.     

State Failure and Success in Uganda and Zimbabwe: The Logic of Political Decay and Reconstruction in Africa

This article uses the post-colonial experiences of Uganda and Zimbabwe to demonstrate both the strengths and weaknesses of competing theoretical explanations for problems of state and economic failure in Africa. It shows that they all explain some but not all of these processes. It demonstrates the crucial role of contextual circumstances and ongoing structural changes in each country in determining the success or failure of policy regimes and, of current prospects for a long-term transformation to liberal democratic capitalism.     

Sanya: Japan's internal colony

Abstract

You have to get up early to know Tokyo. Take Baba as a case in point. By day, it is an ordinary, slightly run-down park beside the tracks of the city's central commuting loop, halfway between Shinjuku and Ikebukuro stations. Go at dawn and a thousand men populate the park—young men in shirts and sneakers, carpenters in their belling, knicker-like pants, the muscular dokata, construction workers, duffle bags thrown over their shoulders and heavy black cloth shoes on their feet, a handful of men in office suits and leather shoes, old men, hoboes—the park is a different world. At six, the action begins. Vans pull up and encircle the square, the contractors dismount, enter the crowd, and wait as clusters of men gather around them to negotiate the sale of their day's labor. Small eating carts dot the park and along the cement paths second-hand clothes vendors peddle pants and jackets piled on squares of open cloth. The bargaining reaches a climax at seven, when wages are highest, and goes on for another hour as weaker, less aggressive men take what is left. Then, one by one, the vans with their cargoes of workers drive off, the cart-owners lock up, the clothes vendors bundle their goods back into their squares of cloth, and by eight Baba is once more a drab, empty park.     

Militarized Justice in New Democracies: Explaining the Process of Military Court Reform in Latin America

While a large body of literature emphasizes the importance of judicial reform in new democracies, few scholars have examined the reform of military justice systems in these settings—despite the potential for these courts to compete directly with civilian courts and subvert the rule of law. This article focuses on Latin America to empirically examine how the process of reforming military courts has played out in each democracy following authoritarian rule. We outline two distinct pathways: (1) unilateral efforts on the part of civilian reformers, and (2) strategic bargains between civilian reformers and the military. Within the unilateral category, we further distinguish efforts driven by civilian courts, those pursued by politicians, and those undertaken in the context of larger political transformations. Ultimately, we find that, absent a dramatic defeat of an authoritarian regime and its armed forces, reform efforts that do not engage and bargain with the military directly often fail to achieve long‐term compliance and improvements in human rights practices. The success of such reform efforts, therefore, may come at a cost in other areas of democracy and civil‐military relations. We conclude the article by summarizing our findings and reflecting on the lessons they provide for ongoing military justice reform efforts around the globe.     

Clinical Considerations for the Treatment of Latency Age Children in Residential Care

Children in the United States are exposed to alarmingly high rates of violence and trauma. Notable are the rates of maltreatment among children and the heightened risk for both out of home placement and an array of developmental, behavioral, and psychosocial sequelae. Despite these risks, little information is available on effective interventions and services designed to address the complex needs of youth in residential treatment settings. To effectively respond to their unique developmental, behavioral, and emotional needs, trauma-informed interventions and services must be provided to support optimal outcomes. To this end, this paper delineates the prevalence of children in residential care secondary to chronic maltreatment and other trauma exposures, identifies behavioral and emotional issues through the theoretical framework of complex trauma, highlights the importance of organizational capacity to deliver trauma-informed services, and describes effective clinical interventions that are often used in residential treatment. Clinical considerations and recommendations are also provided.     

Bad guys: Why the public supports punishing white-collar offenders

Until the latter part of the 1960s, the American public was inattentive to the problem of crime in the upperworld. Due to a confluence of events (e.g., Watergate affair, Vietnam War, civil rights movement), concern about this lawlessness rose precipitously in the 1970s. Public attention toward and willingness to punish white-collar crime has persisted into the twenty-first century. We argue, however, that due to a series of recent scandals (e.g., Enron, WorldCom), public opinion about upperworld offenders has been transformed qualitatively. High-profile offenders are now seen not as respected community citizens but as “bad guys” whose crimes reflect inordinate greed and a disturbing lack of concern for victims. This typification is conducive to the prosecution of white-collar offenders but may have the unanticipated consequence of deflecting attention away from structural sources of corporate illegal enterprises.