Long-term success in mediation

This article reports the results of a study of the antecedents of long-term success in community mediation. Seventy-three mediation sessions were recorded and content analyzed. The participants were interviewed at two points: immediately after mediation and 4 to 8 months later. No relationship was found between the quality of the agreements—i.e., the extent to which they solved immediate problems- and long-term success as measured by compliance, improved relations between the parties, and the absence of new problems. On the other hand, joint problem solving by the disputants was related to complainant perceptions of improved relations with the other party. Also respondent perceptions that the mediation had been fair and that all the problems had come out were related to all aspects of long-term success in the eyes of the complainant. The latter results support a procedural justice analysis of mediation and underline the importance of mediator attention to the respondent.     

Al Capone and the Internal Revenue Service: State-sanctioned criminology of organized crime

The story of Al Capone's rise and fall as a Chicago gangster has always depended upon selective dissemination of federal agency records, particularly records of the Internal Revenue Service. Capone history, therefore, is state-sanctioned history. The IRS view of the Capone organization, and of the tax evasion conviction, cannot be easily challenged without access to the corpus of the IRS records. Unfortunately, these records remain sealed from public access, despite the fact that selective releases were made prior to 1977 to journalists, popular authors, film producers and historians. Continued secrecy over the Capone records perpetuates a state-sanctioned criminology of organized crime. Calder v. Internal Revenue Service ¹ attempted without success to unlock the corpus of IRS-Capone records to investigate the state-sanctioned view.     

Where and When to Spank: A Comparison Between U.S. and Japanese College Students

Although physical punishment has been studied for decades, there are gaps in the literature regarding frequently used form, context, and cross cultural differences. A comparison was made using 227 college students in the United States and Japan, who were presented with four scenarios and surveyed regarding attitudes toward physical punishment, perceptions of appropriate discipline methods, and past experience with physical punishment. Japanese and U.S. respondents reported similar personal experience with physical punishment (Japanese 86%, U.S. 91%). However, U.S. respondents reported a higher likelihood of being hit with an object than did Japanese respondents. For U.S. respondents, the bottom and the hand were the top two sites on the body used for physical punishment, whereas the head and the face were the top two places for the Japanese sample. Unlike U.S. respondents, type of child misbehavior was found to have an impact on Japanese respondents’ views on the appropriate discipline method.     

Juvenile justice reform and the courtroom workgroup: Issues of perception and workload

Criminal justice policies may be enacted, but the actual implementation of those policies depends upon those working on the frontline. Policies that affect how cases are processed in the courtroom can be thwarted by the efforts of courtroom workgroup members. The present study analyzed how courtroom workgroups adjusted to a new juvenile justice policy. Qualitative interviews demonstrated that while there was widespread agreement on the basic tenets of the reform, perceptions of the reform varied by confidence in workgroup membership. Further, the reform inherently increased the workload for some and decreased the workload for others. Those whose workload increased discussed subverting the reform effort in order to continue with business as usual. These findings demonstrated that effective policies must consider the needs of workgroups as adaptation of policies in actual practice depend upon workgroup members' support.     

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.     

Zur jagdrechtlichen Untersagung einer Rotwildfütterung im Schutzwaldbereich eines Bergwaldes wegen Verbissschäden. Schutzfunktion des Bergwaldes

Keine Zusammenfassung     

Zu den Anforderungen an die Festsetzung von Flächen, die frei von jeglicher Bebauung zu halten sind

Keine Zusammenfassung     

Statewide Assessment of Response to Domestic Violence in Louisiana

The Louisiana statewide assessment of domestic violence attitudes and services was a cooperative effort between the Louisiana Community Policing Institute and the Criminal Justice Program at the University of Louisiana, Monroe. The research project included both surveys and focus groups from Louisiana's eight law enforcement planning districts. Results indicate that the response to domestic violence in Louisiana is generally inadequate. Furthermore, problems exist with respect to the definition of domestic violence among agencies. Finally, four basic barriers to successful intervention were identified, including lack of resources, lack of education and training, victims' lack of confidence in the system, and lack of a coordinated response to the problem. Recommendations are presented for overcoming these obstacles.