Rancière and revolution

This paper explores what role Rancière's work can play in the struggle for a more democratic world. It highlights the strength of Rancière's conception of democracy, which clearly identifies democracy as a popular disruption of the prevailing police order. This order claims to have assigned a proper role to all parts of society. Democracy for Rancière is when an element emerges that has not been taken account of and demonstrates the police order's claim to be false. Among the many benefits of this way of understanding democracy, it upsets any easy association between hegemony and democracy – as in Laclau & Mouffe – and it refuses utterly the ideological fusing of democracy, capitalism, and the state offered by the liberal-democratic-capitalist consensus. However, Rancière's approach also introduces significant limits on democracy because it denies that democracy can ever do more than disrupt the prevailing order. It does not allow for the possibility that democracy can grow and spread to the point that it becomes pervasive in the polity. This paper uses the case of the Egyptian uprising to show how this limitation closes off important political possibilities. The paper argues that Deleuze & Guattari's theorisation of revolution, when used carefully, is a necessary corrective to Rancière's too-restricted concept of democracy     

Former Canadian Federal Prisoners’ views of wrongful conviction: experiences,interpretations, and governmentality

Crime, Law and Social Change - Wrongful convictions continue to occur, with over 350 post-conviction DNA exonerations in the United States, and a collection of over 2500 known cases of presumed...     

Casualisation and international labour standards： The role of trade unions in Nigeria

Casualisation is a new form of work arrangement occasioned by globalisation and trade liberalisation. This development was facilitated by the technological improvements in communication and information technology. Scholars have attributed the shift from standard work arrangements to nonstandard work arrangements to the fact that employers use it to avoid the mandates and costs associated with labour laws which are designed to protect permanent employees. Casualisation became a feature of Nigerian labour market in the late 1980＇s and is traceable to the adoption of the Structural Adjustment Programme in line with the neoliberal policies prescribed by the International Monetary Fund and the World Bank. One of the effects of this policy was the retrenchment of workers in the public sector which created large scale unemployment. However, the private sector which was to be strengthened by government policies to absorb these workers could not absorb all the retrenched workers from the public sector. Therefore, many of them were employed as casual and contract workers with low remuneration, limited benefits and lack of right to organise. This development led to a ＇race to the bottom＇ of labour standards. This paper seeks to examine the adequacy of labour laws governing trade unionism in Nigeria in ensuring the right of nonstandard workers to freedom of association, as well as their conformity to international labour standards. It is argued that Nigerian labour laws are inadequate and need to be reformed in order to give protection to casual and contract workers in many sectors of the economy and to guarantee their right to unionise in order to enable them improve their rights at works.     

Characteristics of men and women completing cognitive/behavioral spouse abuse treatment

Although abuse in relationships is widespread and often escalates without intervention, the scant extant data indicate that people in abusive relationships often fail to complete treatment programs. We compared demographic characteristics, Male-Female Relations Inventory scores (MFRI), and selected MilIon Clinical Multiaxial Inventory I (MCMI-I) scale scores of men and women who did and did not complete an 8-session 4-week cognitive/behavioral group treatment program. The 16 completer men had lower scores on MCMI-I scales related to drug abuse as compared with the 18 noncompleter men. Court-referred men completed more often than other men. The 23 completer women also had lower scores on MCMI-I scales related to drug abuse than the 17 noncompleter women. Fewer of the completer women were employed and fewer had children than the noncompleter women. Scores on the MFRI were not different for completer or noncompleter men or women. Implications for interventions are discussed.     

When Equality Is not Equity:Homosexual Inclusion in Undue Influence Law

In Barclay's Bank v. O'Brien(1993) the House of Lords extended the undue influence rules to heterosexual and homosexual cohabitees, a move that was widely welcomed and has been endorsed in Royal Bank of Scotland v. Etridge (No. 2) (2001). The paper argues that the extension to homosexual couples is inappropriate, since undue influence is largely a problem of heterosexuality. It is not accidental that there have been no reported cases of undue influence between lesbian or gay partners, not because abuses of power do not occur within such relationships, but because they are free of the central causal factor of undue influence: not intimacy per se but the gendered power dynamic within heterosexual intimacy that has characterised almost all reported cases. The first part of the paper examines the courts' treatment of gay and lesbian couples in other areas of equity and concludes that the absence of gender role assumptions leads courts to treat lesbian and gay claimants more equitably than they do heterosexual women. The second part focuses on the potential for gay and, especially, lesbian relationships to act as models of more egalitarian relationships than heterosexual ones. The dominant discourse of inclusion within the gay and lesbian legal lobby is problematised, and the paper concludes that what is needed is social and judicial recognition of what is different, not what is the same, about our relationships. This revised version was published online in July 2006 with corrections to the Cover Date.     

Pension sponsorship and participation: trends and policy issues

Employment sector and employer size account for substantial variation in workers' participation in employer-sponsored retirement plans. Other things being equal, employees in the public sector--that is, federal, state, and local governments--are much more likely to be offered a retirement plan than workers in the private sector. Within the private sector, workers in firms with 100 or more employees are significantly more likely than workers in smaller firms to have the opportunity to participate in a retirement plan. This situation has prompted Congress to seek ways of reducing small businesses' obstacles to pension coverage. For example, Congress has authorized retirement plans that have fewer reporting requirements and less stringent contribution rules than those imposed on larger employers. Evaluating the effect of these laws on pension coverage is complicated by the many other variables that affect an employer's decision to sponsor a retirement plan and a worker's decision to participate in it. Nevertheless, data collected in national surveys of employers and households can be used to establish a baseline against which future changes in retirement plan sponsorship and participation can be measured. Recent surveys of employers and households reveal that: During the 1990s, participation in retirement plans rose among workers in firms with fewer than 100 employees but remained steady among workers in larger firms. The 1990s saw a substantial shift from defined benefit retirement plans to defined contribution plans. Despite increases in participation, workers in firms with fewer than 100 employees are only about half as likely as those in larger firms to participate in an employer-sponsored retirement plan. In both the public and private sectors, part-year or part-time workers are much less likely than year-round, full-time workers to be offered an opportunity to participate in an employer-sponsored retirement plan.     

Lessons Learned from Two Decades of Alternative Dispute Resolution Programs and Processes at the U.S. Environmental Protection Agency

Mediation, facilitation, and other alternative dispute resolution (ADR) techniques are being used in federal agencies, state and local governments, private-sector organizations, and among private citizens in an effort to prevent and resolve disputes in a timely, cost-effective, and less adversarial manner. The U.S. Environmental Protection Agency (EPA), one of the pioneers in the application of ADR processes and techniques to public policy disputes, recently announced that it plans to in-crease the use of ADR techniques and practices across all agency programs. This article reports the results of a four-part evaluation of the use of ADR in enforcement actions at the EPA during the last two decades. Funded by the Hewlett Foundation, this effort utilized in-depth telephone interviews, government statistics, and archival records. The four groups interviewed were EPA's alternative dispute resolution specialists, potentially responsible parties (defendants) to EPA enforcement lawsuits, mediators and facilitators to EPA cases, and agency enforcement attorneys who had participated in agency enforcement ADR processes. Concluding that there are generally high levels of satisfaction with the EPA's enforcement ADR program, this article examines the sources of obstacles and assistance to ADR efforts at the EPA, suggests ways in which the EPA might improve its ADR programs, and draws lessons from the EPA's experiences that may be helpful to other public programs or organizations.     

Developmental Validation of the ANDE 6C System for Rapid DNA Analysis of Forensic Casework and DVI Samples

A developmental validation was performed to demonstrate reliability, reproducibility, and robustness of the ANDE Rapid DNA Identification System for processing of crime scene and disaster victim identification (DVI) samples. A total of 1705 samples were evaluated, including blood, oral epithelial samples from drinking containers, samples on FTA and untreated paper, semen, bone, and soft tissues. This study was conducted to address the FBI’s Quality Assurance Standards on developmental validation and to accumulate data from a sufficient number of unique donors and sample types to meet NDIS submission requirements for acceptance of the ANDE Expert System for casework use. To date, no Expert System has been approved for such samples, but the results of this study demonstrated that the automated Expert System performs similarly to conventional laboratory data analysis. Furthermore, Rapid DNA analysis demonstrated accuracy, precision, resolution, concordance, and reproducibility that were comparable to conventional processing along with appropriate species specificity, limit of detection, performance in the presence of inhibitors. No lane-to-lane or run-to-run contamination was observed, and the system correctly identified the presence of mixtures. Taken together, the ANDE instrument, I-Chip consumable, FlexPlex chemistry (a 27-locus STR assay compatible with all widely used global loci, including the CODIS core 20 loci), and automated Expert System successfully processed and interpreted more than 1200 unique samples with over 99.99% concordant CODIS alleles. This extensive developmental validation data provides support for broad use of the system by agencies and accredited forensic laboratories in single-source suspect-evidence comparisons, local database searches, and DVI.