MEDIATIVE EVALUATIONS: THE PROS AND PERILS OF BLENDING ROLES

Child custody evaluators with experience in mediation may be tempted to use mediation skills and strategies in their evaluation processes. This article explores the benefits and risks of blending mediation with evaluation, comparing the perspectives of professionals and clients.     

Constitutional Reform, the Lord Chancellor, and Human Rights: The Battle of Form and Substance

This article examines the impact of the Human Rights Act on the government's constitutional proposals for reform of the role of the Lord Chancellor and the appointment of the judiciary. It also looks at the uncertain acceptance of a 'human rights' culture by the department charged with lead responsibility for its implementation. It concludes that the government went further than was required in reforming the role of the Lord Chancellor. As a consequence, considerable - and possibly undue – weight now hangs on the enlarged role of the Lord Chief Justice. Meanwhile, the Department of Constitutional Affairs and its ministers have rejected the 'rule of law' brief of the Lord Chancellor without clarity as to where such responsibilities might now be adequately located within government.     

PROFILE: CHILD CUSTODY MEDIATION SERVICES IN CALIFORNIA SUPERIOR COURTS

California is now in its 11th year of mandatory child custody mediation, with a current yearly case volume statewide estimated at 65,494. This article profiles the variations in programs and mediation styles in 56 of the state's 58 Superior Courts. Two research studies provide the basis for the information on program structures, case activity, procedures, agreement formats, recommendations, facilities, security, and fees.     

Environmental liability and harmonization in the presence of transboundary effects and hidden assets

Within the context of transboundary disputes, this paper seeks to determine which liability concept, negligence or strict liability, performs better when assets are secure against foreign claims for transboundary damages. Our results indicate that, if assets are hidden from foreign claims, strict liability will not implement the socially optimal outcome, but neither will negligence. However, even though the socially optimal outcome is not always achieved, strict liability weakly dominates negligence. These results suggest that the harmonization of statues that deal with transboundary pollution should be based on strict liability not negligence. JEL classification K32 · Q5 Smith and Eckert both thank SSHRC of Canada for financial assistance. We thank two referees for valuable comments that greatly improved the paper and Matt Smith for his research assistance. All remaining errors are our responsibility.     

West African Voices

A new literary programme has been started in the West AfricanService of the B.B.C., and this article is a reprint of oneof the talks. The Ibo speaker was formerly in the Customs, andqualified as a barrister last November: he is also the authorof numerous poems in English, and of a novel, The Prince ofUtete. The other two are schoolmasters working as Assistantsat the School of Oriental and African Studies. For technicalreasons, the orthography is not quite complete.     

Interpreting Nationalist Texts: a post-structuralist approach

This article critically appraises the narrative of nationalist resurgence in China in the 1990s that structures much of the secondary literature on Chinese politics since Tiananmen. Adopting a post-structuralist method, Chinese texts from the 1990s are treated as discursive rather than as expressions of a common consensus, emergent ideology or political movement. This makes it possible to bring out the disparate points of view concerning the desirability of nationalism for China and to understand the strategies that are being deployed by authors within the context of everyday Chinese politics. It also reveals the significance of the absence from both the primary and the secondary texts of any mention of the advocacy of nationalism by the political leadership. When this hidden discourse is taken into account, it becomes evident that many of the texts that have been taken as expressions of a nationalist revival are either not particularly interested in nationalism or are highly sceptical concerning its possibilities for solving the problems faced by the Chinese state. Particularly significant is the way in which many of the texts locate themselves in relation to the official discourse on nationalism by appropriating its themes in order to promote and legitimate a wide range of other discourses with which it can be bound up, ranging from democracy to authoritarianism.