Big Windows and Little Windows: Implementation in the 'Congested State'

This paper argues for the need to re-assess models of policy implementation in the 'congested state'. This re-appraisal focuses on two main directions. The first involves locating implementation in the context of wider models of the policy process. We fuse three models, those of Kingdon, Wolman, and Challis et al ., to form a new 'policy streams' approach. The second examines implementation in multi-level governance. In the UK and elsewhere, much of the focus of traditional implementation studies has been on the link between one central government department and a local agency. However, this vertical (central-local) dimension fails to give sufficient stress to the other horizontal dimensions of 'central-central' and 'local-local'. Paraphrasing Kingdon's terms, implementation models also need to incorporate the 'little windows' at local level as well as the 'big' windows at national level. Using evidence relating to the implementation of UK policy towards health inequalities, this paper argues successful implementation is more likely when the three policy streams are linked across the three dimensions. The model is thought to be applicable to other areas of the public sectors and complex issues facing all governments.     

Professional Innovation: Corporate Lawyers and Private Lawmaking

Through an intensive examination of the development and diffusion of a new legal device—the shareholder rights' plan or poison pill—this article demonstrates the entrepreneurial, lawmaking role of corporate lawyers. This study case suggests that corporate lawyers may act as legal entrepreneurs, developing and promoting new legal devices and strategies on behalf of actual and potential clients. If affirmed by the courts, these devices or techniques are rapidly diffused thereby contributing to the creation of new legal knowledge. The creation and successful defense of the shareholder rights' plan led to both new caselaw and statute law. In this way, corporate practitioners contribute to the creation of new legal knowledge, suggesting a bottom-up approach to knowledge creation rather than the conventional top-down view. It is suggested that legal innovations like the shareholder rights' plan are more likely to be developed in newer firms than in established firms and in specialized firms than general service law firms.     

Culture: Intervention or solidarity?

This article deals with certain themes concerning religion, culture, and development, in part to help to set the context for the rest of this edition. It considers the religious and/or cultural background of many Northern agencies and individuals, and its effect on their development agenda. Arguing that local cultural values define what development means, it looks at some of the cultural issues -- political and moral, thematic and practical -- which arise in North-South development interaction. It concludes that the history of intervention, whatever its motives, has been a sorry one. It is time to play a supporting role, as people in the South make development their own history.     

Accounting for the "Second Assault": Legal Organizations'Framing of Rape Victims

What organizational and community conditions influence legal officials to treat rape victims “unresponsively”? Our analysis is guided by Goffman's theory of organizational frameworks and frames of activity and March and Olsen's institutional theory of organizations. Using data from 130 m-organizations in Florida that process rape cases, we compare six types of organizations (including hospital emergency rooms and rape crisis centers) on eight criteria and review their frameworks and frames of activity relative to unresponsiveness. We use the issue of victim legitimacy to illustrate the utility of our model. Our results show that well-meaning staff in legal organizations are oriented to routinely treat victims unresponsively. Their organizations routinely orient them to be concerned with, for example, public approval, the avoidance of losing, and expediency more than with victims' needs. In our conclusion, we identify ways legal officials and rape crisis centers can promote responsive treatment of victims. We also call for research on legal organizations that are responsive to victims and for a nationwide discourse on the “politics of rape victims' needs” as a means of addressing the gender inequality issues that underlie rape crimes and laws and orient legal officials to treat victims unresponsively .     

Geoforensic search to crime scene: Remote sensing,geophysics, and dogs

In the absence of surface indications of burial sites, law enforcement or humanitarian organizations are faced with the difficult task of focusing large-scale ground searches to a manageable excavation area. A geoforensic-based survey may exclude parts of the landscape for reasons such as diggability or viewshed analysis but leave areas still too large for invasive exploration. This work examines how drone-based remote sensing, geophysics, and search dogs may be combined to narrow such searches. Here, we ask the reader to consider two examples where forensic geomorphology and land use provided a range of possible burial locations. Following this is a multi-proxy approach to similar dilemma, with a search-to-scene case study using remote sensing (drone photography), geophysics, ground probes, and search dogs. This approach is not presented as a definitive guide, but serves as an example of the conjunctive use of well-studied methods to approach a common problem in geoforensics.     

Unfinished business: Aboriginal reconciliation and restorative justice in Australia

In this paper we report on general findings and observations in Australia and from two days of the Deliberative Poll on Reconciliation in Canberra. With hundreds of representative Australians participating, and plenary sessions broadcast nationally, it appeared that Australia was progressing on its long journey toward aboriginal reconciliation. In this paper, we apply a theoretical analysis from criminology--restorative justice--to examine the means by and the extent to which the national community conference was a restorative event. Of particular interest to this analysis are the unintended restorative outcomes, the voices heard, the dialogues on apologies, regrets and the past, future possibilities, and responsibility. Some preliminary thoughts on the future of reconciliation will be offered and a few skeptical comments made.     

Getting the story from child witnesses: exploring the application of a story grammar framework

Abstract

Investigative interviews with children about alleged abuse were analysed to determine the degree to which the child's responses adhered to a story grammar framework, and whether the presence of story grammar elements was associated with interviewers’ adherence to best-practice (i.e. open-ended) questioning. The sample included 51 interviews with child witnesses from across Australia. The interviews were administered by a police officer with children (37 girls and 14 boys) aged 3–16 years (M age = 103.82 months, SD = 34.21 months). The interviewers’ questions were categorised as open-ended or specific and the children's responses were classified as a story grammar element, context/background information, or ‘don't know’ responses. The majority of interviewer questions were specific in nature and the majority of children's responses were context/background details. Open-ended questions were more successful in eliciting story grammar from children. Of the story grammar elements, the interviewers’ specific questions usually targeted setting and attempt details. These findings suggest that improvement in the narrative coherence of children's reports of abusive events can potentially be achieved by increasing interviewers’ use of open-ended questions.