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.     

Differentiating among racial/ethnic groups and its implications for understanding juvenile justice decision making

Both theory and research have been refined to gain a better understanding of when race and ethnicity matter in justice proceedings. In the present research, this line of inquiry was continued by differentiating among minority youth to assess the extent being African American, Native American, and Asian American influenced juvenile justice decision making and how these effects compared to one another and Whites. Utilizing an interpretation of the symbolic threat thesis that emphasizes stereotyping, the authors anticipated Native Americans to be responded to more severely than African Americans, followed by Asian Americans who were anticipated to be responded to more like Whites. The results indicated partial support for these expectations.     

Reassessing the family-delinquency association: Do family type, family processes, and economic factors make a difference?

The present study drew on four competing theoretical perspectives to examine the relationship between family structure and juvenile delinquency. Using data from the Add Health Study, the authors examined nonserious and serious delinquent behavior across youth from different types of households and also considered how the association between family structure and delinquency might be conditioned by family processes and economic factors. Results from negative binomial regression analyses indicated that, in general, type of household was not a significant predictor of nonserious or serious delinquency. Rather, maternal attachment emerged as the most important determinant of delinquent behavior among youth from all family types. The results are discussed within the context of Hirschi's original interpretation of social control theory and future directions for research are suggested.     

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.     

Reinvigorating publicly funded medicare in Ontario: new public policy and public administration techniques

Abstract: In the increasingly complex and “horizontal” environment of Canadian governmental decision‐making, the ability of governments to advance a major new policy initiative can be compromised or impeded by the often cumbersome systems evolved to ensure both due diligence and a comprehensive approach. In Ontario, the urgent and multi‐faceted health care reform agenda has been implemented using a new set of policy‐development and program‐implementation techniques. This paper summarizes those reforms. In doing so, it outlines the degree to which the reform agenda has been implemented using techniques and processes that have been grafted onto or even short circuited existing decision‐making systems. The paper also draws conclusions about the potential utility of the Ontario experience both for health care reform and for developing new mechanisms to implement challenging, time‐limited reform agendas within parliamentary systems of government with politically neutral civil services. Sommaire: Dans le contexte de plus en plus complexe et “horizontal” de la prise de décisions gouvernementale au Canada, l'aptitude des gouvernements à promouvoir une nouvelle initiative politique majeure peut être compromise ou entravée par la lourdeur des systèmes élaborés pour assurer une diligence raisonnable et une approche exhaustive. En Ontario, le programme de réforme des soins de santé, urgent et polyvalent, a été mis en œuvre grâce à un nouvel ensemble de techniques d‘élaboration de politiques et de mise en œuvre de programmes. Le présent article résume ces réformes. Ce faisant, il souligne comment le programme de réforme a été mis en œuvre grâce à des techniques et processus qui ont été greffés, ou qui ont même court‐circuité les systèmes de prise de décisions existants. L'article tire aussi des conclusions sur l'utilité possible de l'expérience de l'Ontario en ce qui concerne la réforme des soins de santé mais aussi la mise au point de nouveaux mécanismes pour exécuter des programmes de réforme difficiles, à délai déterminé, au sein de systèmes parlementaires de gouvernement avec des fonctions civiles politiquement neutres.     

PROBATION AND PAROLE: PUBLIC RISK AND THE FUTURE OF INCARCERATION ALTERNATIVES*

Jail and prison populations in the United States have continued to grow unabated during the past two decades but crime rates have not declined. Partly in response to the pressures caused by burgeoning correctional populations, the use of alternatives to incarceration has expanded. An ongoing debate centers on the effectiveness of these alternatives. Many criminal justice professionals and some researchers question whether such alternatives seriously restrict the criminal justice system 's ability to incapacitate the active offender. This study deals specifically with two alternatives to incarceration: probation and parole. We examine offender recidivism for a sample of probationers and parolees active in New Orleans, Louisiana, and offer a new approach to addressing the effectiveness issue. Past research has evaluated the effectiveness of alternatives by examining failure rates of diverted offenders. High failure rates, we argue, do not necessarily imply a significant loss of the incapacitative effects of imprisonment. We suggest that a more appropriate measure of the loss of incapacitative effect is the proportion of all offenses committed by persons on probation or parole. Our results suggest that such losses are surprisingly low. The policy implications of our findings are discussed.     

The psychodynamics of a work stoppage at the Tenth Pan American Games

A study of the various stressors faced by interns serving as security assistants at the Tenth Pan American Games and the coping mechanisms they utilized was undertaken during the months of July and August 1987. This study revealed that group development can be altered and maladaptive behavior can result among students experiencing high degrees of stress, frustration, and feelings of helplessness, who are subject to a leadership void. The data strongly support the need for planners of similar large-scale internship programs to consider group processes, organizational factors, and interpersonal relations if organizational goals are to be achieved, maladaptive coping mechanisms are to be avoided, and student stress is to be lessened.