Parenthood,Childhood and Injury: Some Dilemmas for the Law of Torts

This paper looks at some recent developments in the law of torts. It looks in particular at the emergence of civil claims with respect to child abuse and the confinements effected by traditional limitation periods in relation to those claims. It examines in particular in the first section the House of Lords decision in Stubbings v. Webb to the effect that civil claims over child sex abuse were time barred, and the subsequent unsuccessful appeal to the European Court of Human Rights which ruled by seven votes to two that there had been no violation of articles 6 of the European Convention on Human Rights. It is also noted that the Court ruled unanimously that there had been no violation of article 8; and by eight votes to one that there had been no violation of article 14. The paper turns in the second section to what have been called actions for wrongful birth, arguing that here we see the law of torts taking a more protective role, one which must be set side by side with the child abuse actions examined in the first part of the paper. Throughout the paper, both English and Australian law is canvassed. The major claims in this paper relate to what the author terms a singularly adult picture or rights and wrongs reflected in the law of torts.     

Martin Luther King's Civil Disobedience and the American Covenant Tradition

Daniel J. Elazar introduced the covenant idea to political sciencein his four-volume work, The Covenant Tradition in Politics.As he showed, American government and society are indebted tocovenant ways of New England Puritans and their doctrine, "federaltheology". Puritan covenants fostered polities whose framesof government and patterns of civil order established a federalmatrix antecedent to modern American federalism. The moral orientationof covenant has also influenced modern American political thought,as evidenced by the public philosophy articulated by the Rev.Dr. Martin Luther King, Jr. during the Civil Rights Movement(1954–1968). In such works as "The Letter from the BirminghamCity Jail," King challenged his contemporaries' ideas aboutlaw and justice, Americans with an opportunity to examine moderncovenant practice.     

Incentives,challenges, and dilemmas of TANF: A case study

This paper compares the incentives inherent in TANF (Temporary Assistance for Needy Families), the U.S. welfare system in place after the 1996 reforms, with those of TANF's predecessor, AFDC (Aid to Families with Dependent Children), using the experience in one state, Wisconsin, as an example. Is the new program successful in avoiding the “poverty trap” of the old welfare system, in which the marginal tax rates imposed on earnings and benefits were so high that they discouraged work effort outside a narrow earnings range? As women receiving assistance begin working more hours and earning more, income‐conditioned benefits (Food Stamps, EITC, Medicaid, and subsidies for child care) are reduced and withdrawn, in effect constituting a “tax” on earnings. Under TANF, there is more support for these families, at least in Wisconsin, and so economic well‐being should be higher for most women with earning in this range than it was under AFDC. But marginal tax rates under TANF remain high, and in some income ranges they are higher than under AFDC. Once in the work force, former TANF recipients have earnings over the long run that expose them to very high marginal tax rates, which decrease the benefits of working harder and make it very difficult to gain full eonomic independence. Evidence from other sources suggest that most low‐skilled women have earnings in the same range and so are likely to face similar reductions in benefits such as child care subsidies or the EITC as their earnings increase, even if they are not receiving welfare‐related benefits. © 2002 by the Association for Public Policy Analysis and Management.     

The Contingent Effects of Risk Perception on Risk-Taking Behavior: Adolescent Participative Orientation and Marijuana Use

Viewing marijuana use as a risk-taking behavior, we find that the perception of high risk related to regular use of marijuana has no simple direct effect on that risk-taking behavior. Rather, the effect of risk perception is contingent upon the extent of youth participation in activities such as going to parties, going to bars, attending concerts and visiting friends. The perception of risk suppresses marijuana use most effectively in the context of activities where such a risk-taking behavior is most prevalent. These findings are congruent with recent literature on actions of risk-taking that takes into account the subjective meaning orientation as a moderator between perception and action. These lead us to conclude that a behavioral-specific approach can augment the conventional approach to common factors underlying the youths' proneness to problem behaviors.     

Administrative reform in a changing political environment: The case of Hong Kong

Since 1989, the Hong Kong government has implemented a programme of public sector reform that is based on the principles of ‘new public management’. The reforms initially focused mainly on financial management reform, including delegating responsibilities for resource allocation; re-defining the roles of the central resource branches; setting up trading funds in departments that provide services directly to the public; and instilling a new corporate culture of service throughout the government. Some progress has been made in implementing the reforms. In 1993, the government realized that further civil service reform was necessary to support the reforms. The government proposed to delegate more authority to department heads on personnel matters; give managers more freedom to manage personnel; and simplify personnel regulations and procedures. These ‘new public management’-type reforms are usually associated with stable, relatively unchanging environments. In Hong Kong, however, the reforms have been proposed and carried out in an environment of considerable political turbulence which has both facilitated and hindered their implementation. Because of the declining legitimacy of the colonial government, British authorities may not have the political capacity to implement the reforms. Opposition from both department heads and civil service unions to aspects of the reforms has already emerged.     

Administrative devolution and accountability: the case of the non-profit housing program

Abstract: The problem of bureaucratic accountability has received considerable attention in the literature of public administration, but few studies have considered the extent to which extra-governmental agencies are held accountable to governments or legislatures. This paper examines administrative devolution and the problem of accountability, using the non-profit housing program as an example. It argues that devolution of programs, without adjusting for the resulting loss of bureaucratic control, leaves governments with little information about, or control over, the people who make decisions about large expenditures of public funds. It concludes that if the advantages of using the voluntary sector for social service delivery are to outweigh the problems of reduced accountability, forms of control -such as incentives for compliance and internal professional standards - which do not limit the autonomy of these groups, but which can enhance pre-audit accountability, need to be developed. Sommaire: Si le problème de la responsabilité bureaucratique a fait I'objet de nombreuses études dans les textes de I'administration publique, peu d'entre elles, en revanche, ont pris en considération la mesure dans laquelle les organismes paragouvernementaux sont tenus de rendre des comptes aux gouvernements ou législatures. Cet article examine la décentralisation administrative et les problèmes de responsabilités, en utilisant comme exemple le programme de logement à but non lucratif. Il suggere que la décentralisation des programmes, sans ajustement qui tienne compte de la perte de contrôle bureaucratique en résultant, laisse les gouvernements avec peu de renseignements ou de contrôle sur les personnes qui prennent des décisions concernant d'importantes dépenses de fonds public. En conclusion, I'auteure dit que, si les avantages résultant de I'utilisation du secteur bénévole pour fournir les services sociaux doivent I'emporter sur les problèmes de diminution de la responsabilité, il faut mettre en place certaines mesures de contrôle (tels les encouragements à se conformer à des normes professionnelles internes), qui ne restreindraient par I'autonomie de ces groupes, mais pourraient accroître la responsabilité avant le contrôle.