Public safety in private hands: A Study of Ontario's Technical Standards and Safety Authority

Abstract: This article examines the experience of Ontario's Technical Standards and Safety Authority (tssa), a not‐for‐profit corporation to which the public‐safety regulation functions of the province's Ministry of Consumer and Commercial Relations (now the Ministry of Consumer and Business Services) were transferred in 1997. The authors place the tssa in the larger context of the restructuring of government functions and responsibilities and the transferring of these activities to non‐governmental actors, as part of what has become known around the world as the “new public management.” The history, rationale, mandate, structure and functions of the tssa are described. In addition, an assessment of the tssa as a model for the delivery of public services against criteria related to governance, political and legal accountability and performance relative to its predecessor is provided. The article concludes that significant gaps remain in the Ministry of Consumer and Business Services' capacity to adequately oversee the tssa and in the accountability framework for the tssa relative to that applicable to a conventionally structured government agency. Improvements in public safety outcomes in Ontario over the past decade are noted, although many of these trends pre‐date the creation of the tssa and may be attributable to factors other than the mccr/tssa transition. Sommaire: Le présent article passe en revue I'expérience de la Technical Standards and Safety Authority (tssa) de I'Ontario, organisme à but non lucratif auquel furent transférées en 1997 les fonctions relatives à la réglementation de la sécurité publique du ministère de la Consommation et du Commerce de la province (devenu le ministère des Services aux consommateurs et aux entreprises). Les auteurs placent la Esa dans le contexte plus vaste de la restructuration des fonctions et responsabilités gouvernementales et du transfert de ces activités à des organismes non gouvemementaux, dans le cadre de ce qui est maintenant connu mondialement sous le nom de « nouvelle gestion publique ». 11s décrivent l'historique, la justification, le mandat, la structure et les fonctions de la tssa. Ils foumissent en outre me évaluation de la Esa en tant que modèle de prestation de services publics selon des critères de gouvemance, d'imputabilité politique et légale et de rendement par rapport à son prédécesseur. L'article conclut qu'il existe encore d'importantes lacunes en ce qui concerne la capacité du ministère des Services aux consommateurs et aux entreprises à superviser adéquatement la tssa et en ce qui concerne le cadre de responsabilité de la tssa par rapport à ce qui s'applique à un organisme gouvernemental de structure conventionnelle. L'article mentionne les améliorations concernant la sécurité publique survenues en Ontario au cours de la dernière décennie, quoique nombre de ces tendances datent d'avant la création de la tssa et pourraient tre attribuables à des facteurs autres que la transition du mcc à la tssa.     

Reproductive responsibilities: Rethinking the fetal rights debate

The fetal rights debate has grown increasingly vitriolic in recent years. The animosity between those who attribute rights to the fetus from the moment of conception and those who argue that the rights of citizens can bestowed only upon those who have been born has created an impasse in a range of important public policy arenas. This article attempts to demonstrate that neither side of this debate provides a satisfactory answer to the question of what limits the state may legitimately place on the medical and behavioral choices of pregnant women. To move beyond the impasse created by the intransigent rhetoric of competing rights, this essay explores the related responsibilities of the expectant mother, the emergent family, and a liberal democratic state. It also applies this conception of reproductive responsibilities to policy issues pertaining to privacy, abortion, regulation of fertile women, and state intervention into parental decision-making.     

Programs for Men who Perpetrate Domestic Violence: An Examination of the Issues Underlying the Effectiveness of Intervention Programs

This review paper seeks to explore some of the reasons why rehabilitation programs for male perpetrators of domestic violence appear to be less effective in reducing recidivism than programs for other offender groups. It is argued that while the model of systems response to domestic violence has predominated at the inter-agency level, further consideration might be given to way in which men’s intervention groups are both designed and delivered. It is concluded that the program logic of men’s domestic violence programs is rarely articulated leading to low levels of program integrity, and that one way to further improve program effectiveness is to incorporate some of the approaches evident in more general violence prevention programs and from what is know about good practice in general about offender rehabilitation.

Physically violent mothers are a reason for young people's leaving home

In a qualitative study, 302 homeless young people (aged 12 to 20 years) were asked to discuss their reasons for leaving home. Some 103 youth cited physical violence by a parent or stepparent, and of these, 39 cited their mother's or stepmother's violence as the reason for leaving home. Females were more likely than males to report being the target of violence by their mother; however, the converse was true for stepmothers. Several discrete reasons for maternal violence were identified, including maternal personal characteristics and behaviors, issues associated with blended families, or young people's own behavior. In some cases, young people reported violence by both parents. Their attributions of maternal violence centered on a single dimension of the mother/stepmother or her relationship with a partner. They rarely discussed the contribution that they had made to the conflict or acknowledged the social context that may have been a catalyst for violence.     

Assessing treatment readiness in violent offenders

Although violent offenders are widely considered to be difficult to engage in therapeutic change, few methods of assessing treatment readiness currently exist. In this article the validation of a brief self-report measure designed to assess treatment readiness in offenders who have been referred to violent offender treatment programs is described. The measure, which is an adaptation of a general measure of treatment readiness developed in a previous work, displayed acceptable levels of convergent and discriminant validity and was able to successfully predict treatment engagement in violent offender treatment. These results suggest that the measure has utility in the assessment of treatment readiness in violent offenders.     

Anticompetitive Employment

Scholars, antitrust agencies, and policy makers have historically paid little attention to anticompetitive practices in labor markets. This was largely due a misconception that antitrust law is meant to govern conventional markets in which goods and services trade, rather than govern labor markets. Antitrust law may also offer a poor remedy to redress employers who enter no-poaching agreements or otherwise impair competition. The primary tension involves antitrust's purpose, which is to promote “consumer welfare.” To identify whether conduct eroded consumer welfare, courts tend to scrutinize whether prices increased. But here, lessening wages can enable firms to sell goods at cheaper prices, benefiting consumers. Another issue is that the typical restraint affects only a smattering of workers instead of lessening wages throughout the greater market. This article uses empirical analyses to show that antitrust should promote labor's welfare as it does consumer welfare, and it argues that enforcement must condemn labor cartels as per se illegal. The research demonstrates that labor cartels are more pernicious than restraints in product markets, as employers can lessen wages with less effort than in product markets. Antitrust should even proscribe no-poaching agreements formed for a legitimate purpose (e.g., to protect trade secrets) because employers could have achieved the same goals using less coercive means; the noncompete agreement, at least, provides labor with a semblance of notice and bargaining power without drawing antitrust scrutiny. The prohibition of labor cartels would thus promote competition and consumer welfare, especially in minimum wage labor markets.     

The Influence of Opening Statement/Closing Argument Organizational Strategy on Juror Verdict and Damage Awards

This study examines the influence of the organizational strategy used to structure opening statements and closing arguments on presentation effectiveness in a simulated civil trial. Two organizational structures, a narrative and a legal-expository format, were manipulated to produce a 2 (plaintiff organizational strategy) × 3 (defense organizational strategy) experimental design. Results indicate that a mixed organizational strategy (narrative opening/legal-expository closing) is more effective for the plaintiff than a strict narrative strategy, and either a mixed or strict legal-expository organizational strategy is more effective than a strict narrative strategy for the defense.