The mental health service crisis of neoliberalism -- an antipodean perspective

Major transformations in forms of governance of the liberal state have been wrought over the course of the last century, including the rise of neoliberalism and 'new public management.' Mental health too has witnessed change, with pharmacological treatment displacing residential care, a shift to community-based services, mainstreaming with general health care, and greater reliance on civil society institutions such as the family or markets. This article considers whether mental health law, and its court/tribunal 'gatekeepers' have kept pace with those changes. It argues that the focus of the liberal project needs to shift to measures which will better guarantee access to mental health services, and keep a more watchful eye on both 'hidden' coercion of people on community treatment orders, and passive neglect of human need.     

Corporate governance and political impediments to regional harmonization: cases from East Asia

Abstract

Is the harmonization of financial regulatory regimes possible in East Asia? Focusing on corporate governance, which many see as a critical part of the 1997 Asian financial crisis, and which is also seen as unresponsive to calls for change, this paper argues that such harmonization is possible, but that it will not be according to the standards advocated by the International Monetary Fund, World Bank, Organisation for Economic Co-operation and Development, and other international organizations. At present, actors generally feign compliance with these international rules and standards. The pattern of noncompliance is reflective of two types of regulatory models at work in East Asia, which correspond to democratic and nondemocratic regimes. The manner by which these political institutions mediate the influence of key actors determines corporate governance outcomes. Three cases illustrate the key dynamics: Singapore (nondemocracy), South Korea (democracy), and pre- and post-World War II Japan (change from nondemocracy to democracy). By identifying the key actors that determine regulatory outcomes, this paper points to a more realistic regulatory framework. This alternative framework is a compromise between the standards advocated by international organizations and the domestic political realities of East Asia.     

International patron-client relationships: A conceptual framework

Dependency theory has cast new light on the workings of the international political economy, and on the relations between more and less developed countries. Insofar as dependency theory aims at specifying generalsystemic constraints on the behavior of Third World states, its ability to explain/predict how particular Third World states respond to these constraints is limited. Our concern is with the foreign policy responses of the LDCs. The comparative foreign policy approach to this question has attempted to account for cross-national variation in foreign policy responses of LDCs with variation in theirdomestic features, i.e., attributes, capabilities, and regime types. Here we suggest that an understanding of the foreign policies of the LDCs can be enhanced by adding an explicitly dyadic perspective to dependency and comparative foreign policy approaches, conceptualized as a form of patron-cliency.     

The national criminal justice reference service

The function and services of the National Criminal Justice Reference Service of the National Institute of Law Enforcement and Criminal Justice (Department of Justice, Law Enforcement Assistance Administration) are delineated. Instructions for use of the reference system are included.     

Forensic mental health law reform in Japan: from criminal warehousing to broad-spectrum specialist services?

Since the 1980s Japan has undergone a number of mental health law reforms culminating in the 2005 forensic law. This added to its enactments on involuntary commitment, long-term aged care and substitute decision making, bringing Japan into focus as an industrialized state now possessed of a full package of civil and forensic provisions. This article seeks to demonstrate that the new forensic law cannot achieve its own stated goals without seeking to put into place financial and administrative supports aimed to integrate the myriad of patient populations that will be inevitably affected by the new forensic system. In order to avoid the widespread syndrome that has already been experienced internationally of warehousing mentally ill offenders in jails, it is critical that the Japanese government develop effective and culturally sensitive techniques for dealing with low risk populations through a diversionary process. Furthermore, although the legislation addresses serious crimes, it is imperative that policies be put into place to avoid directing young offenders, violent patients from the general hospital system, the developmentally handicapped, already convicted persons found in hospital settings and problematic cases in the correctional system, to the new forensic units established by the legislation. It is only though contemplating unintended outcomes of the legislation that the Japanese government will be able to avoid the ongoing stigmatization and prolonged institutionalization of mentally ill populations. Despite apparent cultural differences internationally vetted human rights requirements must be properly protected, not only in the forensic context, but throughout the mental health system at large. The coordination of services and the development of specialty training are necessary conditions for the realization of improved and humane conditions for mentally ill persons in Japan.