The President's Commission and Sentencing,Then and Now

The proposals made in 1967 by the U.S. President's Commission on Law Enforcement and Administration of Justice on sentencing were sensible, humane, well informed, and ambitious. They were premised on an assumption that indeterminate sentencing, then ubiquitous, would long continue, and sought to remedy its weaknesses and build on its strengths. That assumption proved wrong. Within a decade, indeterminate sentencing and its rehabilitative aspirations lost credibility and legitimacy. Within two decades, American policies incorporated features such as determinate sentences, lengthy prison terms, and mandatory minimum sentence laws that the Commission explicitly repudiated. The Commission's influence is evident in successful sentencing reform initiatives of the 1970s and early 1980s, some of which survive in a few places in compromised forms. Many of the Commission's proposals to make sentencing fairer, more consistent, and less vulnerable to influence by political considerations and public emotion are as germane today as they were in 1967.     

The differential demand for indirect rule: evidence from the North Caucasus

Indirect rule is one of the means that central authorities have long employed in hopes of defusing communal conflict and civil war in multicultural societies. Yet very little is known about the appeal of indirect rule among the ruled themselves. Why do people in some places demand more indirect rule and local autonomy, whereas others seem content to be governed directly by rulers of an alien culture? This is a crucial question with important implications for determining the form of governance that is most likely to provide social order in culturally heterogeneous societies. Although much attention has been given to consider the relative costs and benefits of direct versus indirect rule for the central authorities, the other side of the coin – namely, the variable demand for indirect rule among the members of distinctive cultural groups – has hardly been examined with systematic empirical data. This paper presents a theory of the differential demand for indirect rule and offers an initial test of its principal empirical implications using original micro-level data from the North Caucasus region of Russia. The theory's core claim is that the middle class should express the greatest demand for indirect rule, while both the upper and lower classes should prefer more direct rule. The theory therefore predicts that there will be an inverse parabolic relationship between the demand for indirect rule and economic class. The findings are largely consistent with these theoretical expectations.     

Overcoming Constraints of State Sovereignty: global health governance in Asia

Abstract

In an increasingly globalised world effective international communicable diseases control requires states to embrace basic norms informing global health governance. However, recent international public health crises have shown that states continue to use national sovereignty to justify non-compliance with these norms. In this article we use three recent high-profile examples from Asia in which the tight hold of state sovereignty cut into the effective implementation of international communicable disease control efforts. Taken together, the three cases illustrate a wider trend in which states historically diminished in structural power or subject to imperialist intrusion contest the legitimacy of global governance initiatives if they are perceived to be another vehicle for the imposition of exogenous norms that do not reflect the values or goals of that state. In response to these challenges, three strategies are posited for how the actors involved in protecting public health might overcome the constraints of state sovereignty to more effectively address global public health threats created by the fluid movement of pathogens across borders.     

The Organization of Purchasing at German Universities: An Empirical Investigation

The objective of this article is two-fold: first, it studies how German universities organize their purchasing activities, and, second, it identifies patterns in the structure of the purchasing function and analyzes factors that influence the design of purchasing. For this purpose, the article develops an analytical framework based on ideas of contingency and organization theory and presents the results of an empirical study which analyzed the purchasing organization of 65 German universities. The results of the study indicate that German universities use a medium level of centralization and specialization to organize their purchasing activities, and that the purchasing process is highly formalized in most universities. As to influential factors of the structure of purchasing, the study indicates that the number of employees, the number of employees with purchasing-responsibility, the purchasing volume, and the number of students enrolled at the university influence the structural variables.     

Slapping Accountability in the Face: Observance of Accountability in Malawi's Local Governments in the Absence of Councilors

Against the background of Malawi having had no councilors since the second quarter of 2005, this article aims at establishing the effects of the absence of councilors on the promotion of accountability as a tenet of good governance as espoused in the National Decentralization Policy. Adopting a mixed research design with a strong bias towards qualitative research methodologies, the article finds out that in the absence of councilors, observance of accountability by local governments has been negatively affected. The article argues that in the absence of councilors there has been reversal of accountabilities whereby horizontal accountability has been given more emphasis than vertical accountability; having a secretariat that is both a decision-maker and implementer of decisions has been a recipe for abuse of power; and interim mechanisms and emerging institutions responsible for advocating accountability are limited and a mockery of good governance.     

Patterns of victim marginalization in victim-offender mediation: some lessons learned

This article discusses issues that restorative justice programs may face during implementation and lessons learned from an exploratory study. We examined various perspectives of multiple participants who experienced a Victim-Offender Mediation (VOM) program in a mid-sized Midwestern city in the U.S. The primary data source comprised 34 interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators, and representatives from referring agencies. Observations complemented the interview data. Findings revealed patterns of victim marginalization during the processes used: victims were not prepared appropriately; were at times pressured by mediators to behave in certain ways; and, occasionally felt intimidated by offenders and/or their families. We discuss some factors that may have influenced the emergence of these patterns. This study revealed gaps between the guiding principles of restorative justice theory and field practices, particularly sensitivity toward victims to meet their needs. We suggest that restorative justice programs should consider using a monitoring system to ensure that the processes used remain consistent with the values and principles of restorative justice.