Efficiently Taking Soundings in a Sea of Change: Two Histories of Public Budgeting and Finance

Books reviewed:
Irene S. Rubin, Class, Tax, and Power: Municipal Budgeting in the United States.
Donald R. Stabile, The Origins of American Public Finance: Debates over Money, Debt, and Taxes in the Constitutional Era, 1776–1836.     

Toward Rational Criminal HIV Exposure Laws

This article examines criminal HIV exposure statues that address undisclosed exposure through consensual sexual activity. Twenty-seven U.S. states have adopted some form of HIV exposure statute. Thirteen of these statutes specifically address exposure through sexual activity, while another eleven statutes could be applied to exposure through sexual activity, while another eleven statutes could be applied to exposure through consensual sexual interactions. Although the penalties for breach of these laws are often severe, the risk of actual harm posed by the many of the behaviors prescribed is minimal and in some cases virtually nonexistent. After an overview of the various types of U.S. criminal HIV exposure statutes and discussion of the risk of HIV transmission through the various sexual activities addressed in the laws, the authors highlight the tenuous relationship between proscribed activities and actual risk of virus transmission. The authors address this limitation in the law by offering a framework for the evaluation and construction of HIV exposure statutes that considers not only the intent of the HIV-positive actor but also the risk that his or her conduct poses to others.     

Expert Testimony on Psychological Injury: Procedural and Evidentiary Issues

This article introduces psychologists to aspects of the legal process most pertinent to their role as expert witnesses in civil litigation. It summarizes the role of psychological evidence in the adjudication of common law tort claims, the structure of the court system, and the stages of the litigation process. It also explains the various roles a psychological expert may play during litigation and the implications of those roles for expert confidentiality and disclosure. The article then provides an overview of legal policy governing the admissibility of psychological expertise, especially as admissibility is affected by the “Daubert” standard applied in most North American courts.     

A view from below: industrial re-structuring and women's employment at four Russian enterprises

The labor market in Russia has changed significantly during the last decade. This transformation has resulted in notable changes in employment and unemployment patterns, and in labor mobility, flexibility and insecurity. One critical question is whether these changes signal important differences in labor market outcomes by gender. The approach taken here is to focus on the Russian industrial enterprise. In our study, we find that women experience different internal labor market opportunities and external job prospects than men and those differences in experience are reflected in the actual hiring practices at our firms, with men substituting for women, and women finding it particularly difficult to negotiate the increasingly closed labor market in Russia. At the same time important differences persist among women, differences that do not exist for men.     

Assessing law enforcement preparedness to address Internet fraud

Recent societal concern regarding computer crime was well documented in the research literature. To date, however, modest research addressed how large, local police and sheriff's departments confront Internet fraud. Using data collected from surveys distributed to the seven hundred largest police- and sheriff's departments, the present article addresses law enforcement: (1) preparedness to enforce Internet fraud crimes; (2) perceptions of Internet fraud; (3) cooperative policing efforts; and (4) Internet fraud information dissemination practices. Among other things, results suggested that individuals within these departments believed Internet fraud was problematic, although they lacked the resources to properly address the problem. These results are discussed as they relate to the organizational design of law enforcement agencies and their potential to adapt to innovative crimes. Suggestions are offered for a more effective approach to confronting Internet fraud.     

Sociocultural causes of family violence: A theoretical comment

During the past decade, family violence has been increasingly reported and discussed by the mass media, as well as having become a subject of scholarly investigation in several academic disciplines. While there is an impressive number of empirical studies dealing with various aspects of family violence, they tend to focus on samples of the victims of such physical and sexual abuse. This paper seeks to supplement their findings by presenting a theoretical analysis of certain major sociocultural changes that have seriously weakened the moral standards that are the primary sociocultural deterrents of family and other interpersonal forms of violence. These changes include widespread residential mobility, the weakening of parental authority, and the impact of the themes of violence and sexuality that are emphasized by the mass media and popular culture.     

Mediating the War of Olives and Pines: Consensus-Based Land-Use Planning in a Multicultural Setting

The proposed Nahal Tzalmon national park lies in the Galilee region of northern Israel. It encompasses land of unique natural beauty, some of which is occupied by Arab-Israeli families. Statutory plans defining the park's boundaries were enacted more than twenty years ago. Despite ongoing preparation, however, the park has not yet opened to the public, in part because of continuous conflict between the Israeli government authorities and the resident families over property rights affecting construction, land use, and nature preservation.
In 2000, after a long period of stagnation and discord, the Joint Environmental Mediation Service ( JEMS), guided by its founding organizations — the Consensus Building Institute and the Israel–Palestine Center for Research and Information — led a mediation process in the region. This was the first such process in the history of Israeli land-use planning. The mediation resulted in a settlement that was agreed to and signed by nearly all parties on July 8, 2004. The agreement allows residents to remain on their land and it includes incentives, such as park employment, to ensure that they help preserve the natural environment. Plans based on this agreement are currently undergoing state ratification, although several implementation challenges are yet to be resolved.
This case points to the importance of having a mediation team knowledgeable about and sensitive to local cultural norms and the difficulties of ensuring appropriate representation in the absence of a strong civic culture and organized advocacy groups. It also highlights the requisite for ensuring that all parties thoroughly understand the consensus building process and how it fits in with established bureaucratic procedures, as well as the critical need to secure strong support from implementing agencies at the outset.