Transitional Justice in Transit: Why Transferring a Special Court for Sierra Leone Trial to the Hague Defeats the Purposes of Hybrid Tribunals

Netherlands International Law Review -     

Reflections of the nexus between justice and peacebuilding

This commentary reflects on eight articles recently published in this journal as part of a special issue on the nexus between transitional justice and statebuilding (Volume 10, Issue 3, 2016). It positions the special issue within an emerging ‘fourth phase’ literature on transitional justice that draws on critiques of liberal peacebuilding to urge an expansion of its boundaries to embrace socio-economic issues. It is argued that the type of analysis found in the special issue, characterized by in-depth, on-the-ground empirical analysis of complex domestic politics of material accumulation and ideological contestation, marks a significant and welcome advance in a literature which to this point has been largely de-contextualized, exhortatory and over-reliant on tired binaries of the ‘international and the local’ or the ‘liberal and legitimate’.     

The Two Browns: Policy Implementation and the Retrenchment of Brown v. Board of Education

The colorblind individualism that pervades American politics and society keeps schools segregated although Americans support integrated public education. While the 1954 US Supreme Court decision Brown v. Board of Education has never been overruled, later cases and policies have encouraged its retrenchment. We argue in this multi-disciplinary review of published literature that there are two different versions of Brown—the iconic, pro-integration symbol supported by most Americans, and a formal, juridical requirement that permits continued school segregation. The formal, juridical Brown is supported by the implementation of multiple educational policies, particularly neighborhood schools, magnet schools, and charter schools, all built on the firm belief that there is no violation of Brown. Rather than promoting a vision of Brown that champions a strong integration goal, these policies bolster the second interpretation of Brown: one that allows segregation to occur, so long as it is not outwardly deliberate.     

Citizens’ use of policy symbols and frames

This paper argues that citizens are capable of developing and promoting complex policy symbols, and that these symbols include supporting frames that explain and justify them. Based on a long-term study of education policies in Los Angeles, California, the paper uses interpretive methods to reconstruct and analyze these frames. Citizens developed two specific policy symbols while the district was engulfed in a desegregation debate; citizens identified schools as places where students gained academic knowledge and as institutions that affected broader race relations. However, education policy in Los Angeles could not support these two symbols over a long period of time, and a political movement to end mandatory busing eventually caused the academic symbol (originally the weaker of the two symbols) to become dominant. This trend reflects broader national discussions, in which education is now discussed in terms of standards and accountability and is evidence of continuing racism in US policy.     

Does Inequity Aversion Motivate Punishment? Cleaner Fish as a Model System

In human social interactions, punishment is often directed at cheating individuals. Subjective reports and neuro-imaging studies indicate that the experience of interacting with a cheat produces negative emotions and that the act of punishing a cheat assuages these feelings. However, while negative emotions may elicit punishment, the precise source of these emotions remains obscure. Specifically, it is often very difficult to tease apart whether punishing individuals are inequity averse (upset because cheating partner receives more than they should) or, more simply, whether they might be loss averse (upset because their payoffs did not meet their expectations). We compare results on punishment and inequity aversion in humans with results from a non-human model system, the cleaning mutualism between bluestreak cleaner wrasse (Labroides dimidiatus) and its reef-fish ??clients??. Male cleaner fish are known to punish females that cheat during joint client inspections, but a recent study failed to demonstrate evidence for inequity aversion in this species. We suggest that punishment in cleaner fish may be motivated by loss aversion rather than inequity aversion. Punishment in humans might also often be motivated by loss aversion??and empirical studies that disentangle the two competing motives for punishment are a clear research priority.     

Health care policy issues in the drug abuser treatment field

As we enter the 1990s drug abuse has once again become a major health concern, and for the first time the drug treatment field has had to address many of the policy, regulation, and planning issues resulting from cost inflation that have become commonplace in other parts of the health care field. To avoid serious errors and confusion, drug abuse health policies must recognize the very different needs of the public and private sectors. The public sector, where poor addicts receive drug treatment provided or purchased by the government, has long suffered from chronically inadequate funding. Although responses to several epidemics (heroin, crack, and AIDS) have produced periods of increased allocations for drug abuse treatment, more often than not long waiting lists at programs have rationed treatment to lower-income addicts seeking care. Low salary levels have limited the quality of public treatment services, and the absence of resources has hindered the development of programs that respond to new technical developments and drug abuse problems, such as the crack epidemic. Despite severe resource shortages, the public drug treatment system has sometimes used resources inefficiently, with little attention to appropriateness of admissions, lengths of stay, ambulatory treatment modalities, or varying levels of care. Public sector goals for the 1990s should include filling current shortages in drug treatment services, developing adequate long-term funding for treating addicts who lack third-party coverage, modernizing the treatment system, developing new patterns of practice that use existing resources more efficiently, and developing a plan for treating intravenous drug users infected with the AIDS virus. In the private sector, the advent of working- and middle-class demand for drug treatment in the 1970s and 1980s has produced a new drug treatment system that suffers from many of the policy problems common to the rest of health care. Drug abuse in the workplace has resulted in much wider coverage of substance abuse services by insurance companies and HMOs. The availability of third-party funds has spawned a for-profit chemical dependency treatment industry. The high cost of private residential treatment services has caused significant cost inflation. Cost-containment measures, which are a new phenomenon for this field and are inappropriate for the public sector, have led to the same confusion and debates that they have produced in other areas of health care.(ABSTRACT TRUNCATED AT 400 WORDS)     

Risk of suicide ideation associated with problem-solving ability and attitudes toward suicidal behavior in university students

The present paper investigates the risk of lifetime suicide ideation associated with problem-solving ability and attitudes toward suicidal behavior in a sample of 328 university students (41% male, 59% female). The response rate was 77% based on the total number of students registered for the relevant courses. A series of questions assessed lifetime suicide ideation, while problem solving and attitudes toward suicide were measured using the Self-Rating Problem Solving scale and four subscales of the Suicide Opinion Questionnaire, respectively (McLeavey, 1986; Domino et al., 1989). Almost one-third of the students surveyed had lifetime suicide ideation. Both genders were similar in terms of their suicide ideation history, problem solving, and attitudes toward suicidal behavior with the exception that male students were more in agreement with the attitude that suicidal behavior lacks real intent. Compared with 2% of nonideators and ideators, one in four planners reported that they would more than likely attempt suicide at some point in their life. Greater agreement with the attitude that suicidal behavior is normal was associated with significantly increased risk of being an ideator, as was poor problem solving and less agreement with the attitude that suicidal behavior is associated with mental illness.