Residual history: memory and activism in modern Poland

This article examines the divide between national and local collective memory in Poland and investigates the role of “memory activists” in mediating and exploiting this divide. It narrows its focus to the ethnic cleansing of Poles by the Ukrainian Insurgent Army (UPA) from 1943 to 1944 and the forced relocation of Ukrainians in Poland, Operation Vistula, in 1947. It surveys local and national newspapers to understand competing interpretations and analyzes what incidents (e.g. protests, disputes, commemorations, reenactments, etc.) related to these events take place in local communities. It highlights the many actors, “memory activists,” and associations involved in pushing specific, often ahistorical, interpretations of these events – motivated by political gain, careerism, or personal conviction. It uses the theoretical works of Maurice Halbwachs and Karl Mannheim to effectively distinguish between local and national phenomenon and to elucidate the various nuances of collective memory.     

A tribute to Earl A. Thompson and, in his own words, a summary of his general economic and social theory

Brilliant but little known, in part because his style was dense and crucial papers unpublished, Earl Thompson reformulated standard theory to achieve policy relevance, focusing on significant rent-seeking inefficiencies stemming from private information and transaction costs. Drawing on history, he showed a vast array of institutions to be efficient which economists had previously found to be inefficient, modeled governments and their nature, defined government’s functions, and showed why dominant states rise and fall.     

Towards Good Practice in Juvenile Justice Policy in the Commonwealth

Any witness who is not able to testify due to lack of support or protection is a loss to the proper functioning of a criminal justice system. In this context it is generally accepted that creating a climate for witnesses to testify truthfully and without fear of reprisals is essential to fulfilling the goals of truth and justice. Accordingly, addressing the issues of witness protection and support is a central aspect of a well-functioning criminal justice system; one that contributes not only to the rule of law through more effective investigations and trials, but also ensures that witnesses are treated with the recognition and care they deserve for their contribution to finding the truth. The principle that victims in the criminal justice system must be treated with courtesy, compassion and respect for their personal dignity entails a responsibility on the part of national authorities to realise this basic principle through the development of appropriate mechanisms designed to provide assistance to the victims. However, building effective national victims/witness support and protection is challenging for any state, and especially so for small Commonwealth jurisdictions due to capacity and other constraints. The Commonwealth seeks to provide technical assistance and capacity building to support its members in promoting the rule of law and has developed and disseminated a best practice guide for the protection of victims and witnesses in the criminal justice system. This article seeks to highlight the valuable findings of the Commonwealth guide and to provide guidance to policy-makers, legislators, police, prosecutors and other stakeholders in criminal justice practice.     

Democracy,Al Qaeda,and the Causes of Terrorism: A Strategic Analysis of U.S. Policy

How will the strategy of spreading democracy affect the threat of terrorism from Al Qaeda and likeminded Islamic extremist groups? This article analyzes how spreading democracy would impact four different sets of underlying motivations that lead to this kind of terrorism. It will show that the widespread belief in the power of democracy is likely misplaced because democracy will be unlikely to change perceptions of occupation, will itself threaten Islamic identity and culture, will be unlikely to mitigate economic grievances, and will be unlikely to provide a more legitimate government than one based on religious law.     

Perceptions of children during a police interrogation: Guilt,confessions, and interview fairness

Abstract

Jurors are often provided with confession evidence and must determine whether the confession was true, false, coerced, or voluntary. As more juveniles are tried in adult criminal court, jurors must increasingly make these determinations about minors’ statements. In this study, mock jurors read an actual interrogation of a child suspect that included confession evidence, and then provided judgments regarding the coerciveness of the interrogation, the child's and police's knowledge and behaviors, and guilt. Child age (11 versus 14 years) and gender were manipulated and examined in relation to participant gender and pre-existing sympathy levels for juvenile offenders. Factors external to the suspect – participant gender and sympathy for juvenile offenders – interacted with child suspect factors to influence perceptions of the child, the interrogation, and guilt. When multiple factors were considered, perceptions of suspect credibility and police fairness were the strongest predictors of guilt and perceived culpability. The findings have implications for decision-making in cases involving juvenile defendants and confession evidence.     

Longitudinal outcomes of an early cohort of Ticket to Work participants

Using 2004-2006 National Beneficiary Survey data matched to Social Security administrative data, we follow a cohort of disability beneficiaries participating in the Ticket to Work (TTW) program for several years to assess changes in their service use, health status, employment, and income. About 20 percent of TTW participants achieved employment at levels that would significantly reduce their disability benefits. Another 40 percent achieved some employment success, but the remaining 40 percent reported no earnings during 2003-2005. Use of TTW support services during 2003-2005 was modest. Many participants experienced significant changes in their health status across survey rounds, which might have affected their ability to actively participate in TTW and to become employed. Many also experienced significant employment and income instability. The findings suggest that employment among TTW participants was associated with reduced poverty.     

Domestic violence and child participation: contemporary challenges for the 1980 hague child abduction convention

ABSTRACT

This article addresses two contemporary challenges for the 1980 Hague Child Abduction Convention: (i) domestic violence and (ii) child participation. It also outlines three components of a global socio-legal policy and research initiative undertaken to address these issues and, where relevant, their intersection. The published literature on these topics, including the children’s objections exception, is explored, as are the ways in which these challenges are addressed within some of the 101 Contracting States to the Convention and through the Guide to Good Practice on Article 13(1)(b) of the Convention. Regard is paid to the data provided by the statistical analysis of applications made under the Convention in 2015 by Lowe and Stephens, and the changes which will occur once the Recast of The European Brussels 11a Regulation comes into operation. The likely impact for 1980 Hague Convention abduction proceedings of the UK having left the European Union at 23.00 GMT on 31 January 2020 is contemplated. Other current international initiatives are discussed, including the development of a child-friendly version of the Convention through The International Association of Child Law Researchers. Training is a key to changing attitudes and upskilling family justice professionals to ensure the Convention operates in a fully child-centric way. This will maintain and strengthen the Convention by keeping it ‘fit for purpose’.     

The EU and China: policy perceptions of economic cooperation and competition

Asia Europe Journal - Both the EU and China agree on the importance of their bilateral economic relationship, but there are differences in how the relationship is perceived. The gap is reflected in...