Negotiation, Power in Conciliation, and Review of Compensation Claims

Workers Compensation claims are not interpersonal disputes. Almost always they are disputes between individuals and corporations. Compensation insurers are "repeat players" in the system. Workers are often "one–shotters" who have little or infrequent contact with the system. Power inequality between the worker, employer, insurer, and those who are required to facilitate negotiations and resolve and settle disputes under compensation legislation are matters of considerable importance. This paper examines the effects of the implementation, in 1993, of informal dispute resolution processes in the Western Australian workers compensation system under the Workers Compensation and Rehabilitation Act 1981(WA), which excluded lawyers from the process. It argues that preexisting power imbalances have been aggravated by these procedural changes, and in particular, by the exclusion of legal practitioners from the dispute resolution process. The issues raised herein have general application to most workers compensation systems.     

The European Parliament and Comitology: On the Road to Nowhere?

The European Parliament has generally been deeply distrustful of the comitology system, primarily on the grounds that it allows the national administrations to undermine its supervisory role in the area of implementing legislation. Parliament has therefore sought to use the political, budgetary and jurisdictional means at its disposal to counteract the spread of comitology, or at least to promote the less intrusive forms of committee procedure. These initiatives have not, for the most part, been wholly successful; neither the interinstitutional agreements nor Parliament's arguments before the Court of Justice have produced the results it had hoped for. Parliament has been able, however, to use its Maastricht powers to influence the choice of committee procedure included in legislation adopted under codecision, and its budgetary tactics have forced the Commission to rationalise somewhat the annual expenditure on committees of all kinds and to bring a modicum of transparency into their operation. The imminence of the intergovernmental conference led to a suspension of hostilities towards the end of 1996.     

Intra-company technology transfer in a multinational industrial firm

Little literature has been developed to describe the process of transferring a corporation's technology between international units of that company for ultimate transfer to their external customers (Kimberly 1981 and Leonard-Barton and Sinha 1993). This paper addresses the issues at Air Products and Chemicals, Inc. involved in the transfer of applications technology. Technology is transferred from the unit of the corporation which develops the technology to international affiliates and subsidiaries. The ultimate goal is the support of product sales to the external industrial customer. A strategy for this type of organization is described which is supported by references to theoretical constructs in the literature and empirical observations from the organization itself.     

A PROACTIVE RESPONSE TO FAMILY VIOLENCE: THE RESULTS OF A RANDOMIZED EXPERIMENT

Recent British work has focused attention on preventing repeat victimization as part of an overall crime prevention strategy. Because domestic violence victims are among those most likely to suffer multiple victimizations, they are logical candidates for programs targeted at reducing repeat victimization.
This article reports on a joint law enforcement-social services approach to reduce the incidence of repeat domestic violence. The research design randomly assigned households reporting domestic incidents within two public housing police service areas in New York to receive or not receive a follow-up to the initial patrol response. (The follow-up visit was conducted by a police officer and a social worker.) In addition, housing projects in the same area were randomly assigned to receive or not receive public education about domestic violence.
Neither treatment produced a reduction in violence. However, households in projects that had received public education and households that received the follow-up visits were both more likely to report new violence to the police than households that did not receive the treatments. Moreover, the effect of the follow-up visit was most pronounced among households with more serious histories of violence. The results suggest that the interventions increased citizens' confidence in the ability of the police to handle domestic situations.     

Scales for perceived risk of student-on-student victimization in grades 7 through 10: A psychometric analysis of the adolescent index on school safety

Although past research has developed scales for the incidence, prevalence, and fear of student-on-student victimization (SSV), little is known about the scaling of perceived risk (i.e., the cognitive appraisal of the chances of experiencing SSV). Hence, this study examined self-report survey data for the perceived risk of SSV as measured in the Adolescent Index for School Safety (AISS). Children in grades 7 through 10 (n=337) in a single Florida public school completed the AISS. Factor analyses using Maximum Likelihood Estimation with Oblimin Rotation identified nine unique factors for perceived risk. Reliability analyses found standardized Cronbach Alphas that ranged from .64 to .91, and seven out of the nine identified scales were above .80, which suggested good to excellent internal consistency. Future research should examine the content validity, construct validity, and predictive validity for the AISS and other self-report surveys of SSV dynamics. This publication was made possible by a grant [#97-MU-FX-KO12 (S-l)] from the Office of Juvenile Justice and Delinquency Prevention (O.J.J.D.P.), United States Department of Justice (U.S.D.O.J.). This grant is administered through the Hamilton Fish National Institute on School and Community Violence at George Washington University. This specific study was developed and implemented by staff at: 1) East Carolina University’s Department of Criminal Justice; and 2) Florida State University’s Center for Educational Research and Policy Studies. All points of view and opinions in this paper are those of the authors and do not necessarily represent the official position or policies of East Carolina University, Florida State University, the Hamilton Fish National Institute on School and Community Violence, the O.J.J.D.P., or the U.S.D.OJ. The authors would also like to thank Dr. Bill Doerner and Jennifer Jolley for their support, editorial feedback, and insightful comments regarding earlier drafts of this paper.     

Forensic psychiatry and malpractice

This paper concerning the last 87 malpractice cases referred to the Department of Psychiatry and Law, Menninger Clinic, includes 57 suits against mental health practitioners and/or institutions, and 30 nonpsychiatric suits against general hospitals, surgeons, obstetricians, etc. A patient was available for interview in only 12 percent of the psychiatric cases; in 88 percent we reviewed medical records and consulted with attorneys. In the psychiatric cases the crucial question was whether a generally accepted standard of care was breached. The inherent problems of applying appropriate criteria to standards of care by practitioners and institutions are discussed. In half the psychiatric cases we found no significant deviation from acceptable clinical performance; in half we concluded that negligent practice had occurred. We did see a litigant for evaluation in 90 percent of the nonpsychiatric cases. The main issue involving them concerned harm or disability related to presumed negligence by medical personnel. How we evaluate such cases and apply disability criteria is discussed.     

Effects of positional restraint on oxygen saturation and heart rate following exercise

This report assesses the effects on peripheral oxygen saturation and heart rate that positional restraint induces when a person is prone, handcuffed, and "hog-tied." Peripheral oxygen saturation and heart rate were monitored at rest, during exercise, and during recovery from exercise for 10 adult subjects. The effects of positional restraint produced a mean recovery time that was significantly prolonged. Consequently, the physiological effects produced by positional restraint should be recognized in deaths where such measures are used.