Hearing parties' voices in Coordinated Family Dispute Resolution (CFDR): An Australian pilot of a family mediation model designed for matters involving a history of domestic violence

This paper discusses the Coordinated Family Dispute Resolution (family mediation) process piloted in Australia in 2010–2012. This process was evaluated by the Australian Institute of Family Studies as being ‘at the cutting edge of family law practice’ because it involves the conscious application of mediation where there has been a history of family violence, in a clinically collaborative multidisciplinary and multi-agency setting. The Australian government's failure to invest resources in the ongoing funding of this model jeopardises the safety and efficacy of family dispute resolution practice in family violence contexts, and compromises the hearing of the voices of family violence victims and their children.     

Familial DNA searching- an emerging forensic investigative tool

In recent years, jurisdictions across the United States have expressed a growing interest in aiding criminal investigations through the use of familial DNA searching (FDS)- a forensic technique to identify family members through DNA databases. The National Survey of CODIS Laboratories surveyed U.S. CODIS laboratories about their perceptions, policies, and practices related to FDS. In total, 103 crime labs completed the survey (77% response rate). Labs in 11 states reported using FDS, while labs in 24 states reported using a similar-but distinct- practice of partial matching. Although the majority of labs had positive perceptions about the ability of FDS to assist investigations, labs also reported a number of concerns and challenges with implementing FDS. Respondents reported using either practice a limited amount with modest numbers of convictions resulting from both FDS and partial matching. The article reports on varying practices related to official policies, training, eligibility, the software search, lineage testing, requirements for releasing information, and subsequent investigative work. Finally, the article discusses what can be learned from this survey, accompanying limitations, and implications for decision-makers considering using FDS.     

Delegation and Institutional Design in Health‐Care Rationing

The delegation of decision‐making powers to nonmajoritarian, independent agencies has become a significant phenomenon in more and more policy areas. One of these is the health‐care sector, where decisions on the range of services covered within public systems have, in most developed countries, been delegated to specialized bodies. This article offers an analytical framework that seeks to grasp the empirical variety and complexity of delegative processes and appointed institutions. The framework is used to describe decision‐making processes and institutions in six countries: Austria, Germany, Norway, Sweden, New Zealand, and the United Kingdom. We find that, although constrained by preexisting institutional structures and traditions, delegators enjoy a considerable degree of discretion in their institutional design choices and engage in strategic design and redesign of appointed bodies.     

Constructing the Nation’s Enemy: Hindutva,popular culture and the Muslim ‘other’ in Bollywood cinema

This paper aims to investigate how in contemporary India the process of ‘othering’ of the Muslim minority has been the product of politically motivated and manipulated majoritarian cultural assertiveness, reflected in the Hindu right’s clamour to underline the significance of drawing the geographic and cultural boundaries of what its ideologues call the Hindu nation. Situating cinema as a crucial distribution source of popular culture, the paper contends that Bollywood cinema has exhibited an overt bias towards producing films that capitulate to this radical nationalist discourse professed by the Hindutva ideologues. Making a discourse analysis of selected films produced by Bollywood since the 1990s, the premise of this contention is interrogated by examining how Hindi cinema’s portrayal of the image of Muslims has been carried out in a pejorative manner which stems from the strong grounding of its stories in a Hindu majoritarian setting. The paper concludes by arguing that, with such a penchant, Bollywood cinema has actively engaged in the politics of nationalism engendered by the right-wing neo-fundamentalist Hindutva movement.     

State, Citizen, and Character in French Criminal Process

This paper charts some major differences in the way in which evidence of the defendant's character is treated in France when compared with practice in England and Wales. Such evidence is more pervasive and visible (especially in the most serious cases) and its relevance is more broadly defined. Further, its presentation is shaped by a developed and positive conception of the French citizen. In part, these differences may be explained by differences in procedural tradition: the unitary trial structure in France, the dominance of fact—finding by the professional judiciary, and the rejection of general exclusionary rules of evidence. But a full explanation requires French legal culture to be understood in the context of French political culture. This reveals a very different conception of relations between state and citizen to that of Anglo-Saxon liberalism. As a result the legitimacy of trial is seen in terms of the rehabilitation of the accused as a citizen of the state rather than simply the punishment of a particular infraction.     

Building consensus for affordable housing

Abstract

At one time the national goal of affordable housing was a widely held consensus that led to decent housing for millions of Americans. Today, proponents of affordable housing must negotiate with diverse and sometimes hostile parties to secure project approvals. Discussions are frequently adversarial, and stalemate is too often the result. The consensus has collapsed.

If progress toward affordable housing is to be made, proponents will have to recast the way they operate within this new environment. More than new financing plans or recommendations for regulatory relief are needed. Attention must also focus on the processes by which groups address divergent interests and come to agreement. “Principled negotiation,” a form of joint problem solving, when coupled with third‐party intervention, offers a promising and effective means of dealing with this hostile environment.     

The Dynamics of Terrorism and Counterterrorism: Understanding the Domestic Security Dilemma

This article argues that the concept of the “domestic security dilemma” can help us to better understand public opposition to government counterterrorism policies. It examines the concept of the “security dilemma” in international relations theory and argues that this concept can also be applied to the analysis of domestic security politics. The article explains that when the government takes actions intended to make people safer from terrorist threats, it often has the unintended consequence of heightening concerns about government oppression. Thus, counterterrorism represents a “domestic security dilemma”—a situation where security tradeoffs have consistently undermined anticipated security gains.     

Practical guidelines on incorporating “partnering” within IT agreements for public sector bodies

“Partnership” and “partnering” are two of the most frequently used terms in public sector procurement. They may be used by both customers and suppliers to justify their respective negotiating positions. A supplier may argue that, since the agreement is a “partnership agreement”, there should be no service credits or liquidated damages payable. The customer on the other hand, may argue, on similar grounds, that it wants to benchmark the supplier and have a broad right to audit every aspect of the supplier’s business.But despite being well used phrases, most guidance relating to these concepts does not define how “partnerships” or “partnering” is to work in practice. While most talk of the supplier and the customer working together “in partnership” with common aims, there is little information available as to how this will be incorporated into agreements, particularly in the context of large scale IT procurements.¹ The purpose of this article is to review the available guidance and detail some of the ways in which this guidance can be incorporated into legal agreements.