Magnetic law: Designing environmental enforcement laws to encourage us to go further

The European Union has some of the world's most ambitious and highly developed environmental laws on its books, but their effectiveness is severely compromised by non-compliance. With the UNECE Aarhus Convention (1998), Europe launched an innovative legal experiment, democratizing environmental enforcement by conferring third party citizens and environmental non-governmental organizations (ENGOs) with legal rights of access to environmental information, public participation, and access to justice in environmental matters. Based on some 2000 surveys and over 150 interviews with stakeholders from three Member States – France, Ireland, and the Netherlands – we adopt a holistic, 360° perspective, capturing the views of regulated parties, NGOs, and the general public on this private governance experiment. Our data provide important new insights into the practical effectiveness of Europe's laws enabling private environmental enforcement, its (intended and unintended) effects on farmers' compliance decisions in the vital area of nature conservation, and how law might be used to stimulate pro-environmental predispositions.     

Blinking Subjects; Blinking Justice? – Law,Medicine and the PVS Patient

This paper argues that in medical discourse, there is insufficient unanimity of opinion with regards to the time at which an accurate diagnosis of PVS can be made and that clearly, there is an incomplete medical knowledge of the PVS condition. The judiciary chooses neither to question medical opinion that patients can be considered to be in PVS despite a failure to satisfy the diagnostic criteria, nor medical opinion that patients in `near PVS' will never recover. It is apparent from an examination of the judgements given in PVS cases that the law does not ascribe such individuals with full human status. Such a legal position is particularly problematic in ethical terms when applied in cases involving patients who are in a `near PVS' position, and in the light of evidence that some PVS diagnoses are inaccurate. The application of the best interests test in PVS cases results in the adoption of a paternalistic, objective approach that fails to respect the former competent individuals whom PVS patients once were. If, alternatively, the substituted judgement test were to be adopted, the principle of individual autonomy would become central to the question of whether PVS patients' treatment should be withdrawn. Furthermore, the application of this test would also ensure that PVS patients continue to be viewed as `persons'.     

Effects of Partner Violence and Physical Child Abuse on Child Behavior: A Study of Abused and Comparison Children

This study tests a model of the effects on child behavioral outcome of the child's exposure to partner violence and child abuse, in children who have experienced the two forms of victimization either separately or together. Recognizing that family contextual factors play an important role in influencing child outcome, an ecological model is proposed that designates family stress as the principal exogenous factor, with effects on child outcome mediated through caretaker distress, partner violence, and child abuse. The sample consists of 100 confirmed cases of physically abused New York City schoolchildren, ages 9 to 12 years, and their families, and 100 nonmaltreated classmates, matched for gender, age, and, as closely as possible, for race, ethnicity, and socioeconomic status, and their families. Child behavioral outcome is assessed by classmates for antisocial, prosocial, and withdrawn behavior and by parents and teachers for externalizing and internalizing problem behavior. Results are generally consistent with the hypothesis that partner violence and caretaker distress, both associated with family stress, increase the risk for child abuse and thereby raise the child's risk for poor outcome. Implications of differences among raters for the model's applicability, and implications of the results for clinical intervention, are discussed.     

Occupational stress and psychological functioning in law enforcement officers

Law enforcement officers experience a variety of stressors because of their police work responsibilities. The use of avoidance coping in order to cope with emotions, thoughts, and memories of traumatic or stressful events may explain increases in occupational stress and poorer psychological functioning. In this study, avoidance coping, occupational stress, and psychological distress were assessed in law enforcement officers. The sample was majority Caucasian, male, and married with a mean of 12.4 years of law enforcement experience. Results indicated that participants reported high levels of psychological distress as compared to an adult male non-patient sample. The use of avoidant coping was associated with higher levels of organizational stress. Additionally, a predictor of psychological distress was the use of avoidant coping strategies and high levels of occupational stress, respectively. Implications of these findings concerning the role of workplace acceptance in a law enforcement setting are discussed. Authors’ Note: Significant institutional support was provided by the police administration to conduct this study. The authors would like to thank all of the police officers that took their time to participate in this study. This study was funded by a fellowship from the Jim Mikawa Ethnic Minority Fund. Data collection was provided by Rebecca M. Pasillas. Natalie M. Rice. Kathleen M. Palm. Leah, M. Leonard, and Lindsay Gray.     

Opposites Do Not Attract: The Impact of Domestic Institutions, Power, and Prior Commitments on Alignment Choices

States that choose to involve themselves in an ongoing dispute do so by choosing to align with or against one of the original disputants. What factors lead states to prefer to help one side over the other? We consider the effect of the disputants' power, political and economic institutional similarities between each disputant and the aligning state, and formal alliance commitments between each disputant and the aligning state on these alignment choices. We evaluate these expectations empirically by examining the alignment choices of states that joined with one side or another in a Militarized Interstate Dispute during the period of 1816 to 1986. The results indicate that regardless of regime type, institutional similarities matter to the aligning state's decision. We also find that power concerns matter only to autocracies; democracies do not seem to base their alignment choices on the power of the sides in the dispute. Finally, the evidence indicates that the alignment choices of democracies cannot be anticipated by their prior alliance commitments, although the alignment choices of autocracies can. These results suggest interesting implications for research on the democratic peace, the determinants of threat in the international system, and the impact of selection effects. The consistent empirical evidence that institutional similarity affects alignment decisions also increases our confidence that future investigations of institutional similarity generally, rather than an exclusive focus on joint democracy, will prove fruitful.     

Emotional Reactivity Toward Parents and Interpersonal Competence: Differences Across Gender and Type of Relationship

The goal of the present study was to explore the relationship between emotional reactivity toward parents and interpersonal competence. It was asserted that the types of present day interactions that are experienced with parents may be related to the level of comfort and competence experienced in interpersonal relationships outside the family. Interactions with parents were assessed with the Behavioral and Emotional Reactivity Index, a newly developed scale [S. E. Bartle and R. M. Sabatelli, (1995) The Behavioral and Emotional Reactivity Index: Preliminary Evidence for Construct Validity from Three Studies, Family Relations, Vol. 44, pp. 267–277]. In addition, much of the past research investigating these issues has failed to make a distinction between intimacy in same-sex vs. intimacy in opposite-sex relationships. In an effort to be sensitive to the possibility that family dynamics and gender may be differentially related to the development of the capacity for intimacy within these two types of relationships, interpersonal competence in both same-sex friend and dating partner relationships were explored. The results of a doubly repeated multivariate analysis of variance suggested that emotional reactivity toward parents was related to interpersonal competence in both same-sex friend and dating partner relationships regardless of gender. The results also demonstrated a gender by gender of partner interaction.