Intergovernmental Conflict and Indian Water Rights: An Assessment of Negotiated Settlements

The states and Indian tribes have fought bitterly over waterrights for nearly a century. Most of this conflict took placein courtrooms, but in recent years, states and tribes have beenattempting to resolve their differences through negotiated watersettlements. This article utilizes the literature and theoryon alternative dispute resolution to identify six advantagesthat are expected to accrue from negotiations. It then assessesthe extent to which Indian water settlements have produced theseresults.     

Exposure Reduction or Retaliation? The Effects of Domestic Violence Resources on Intimate‐Partner Homicide

Rates of homicide involving intimate partners have declined substantially over the past 25 years in the United States, while public awareness of and policy responses to domestic violence have grown. To what extent has the social response to domestic violence contributed to the decline in intimate‐partner homicide? We evaluate the relationship between intimate‐partner homicide and domestic violence prevention resources in 48 large cities between 1976 and 1996. Controlling for other influences, several types of prevention resources are linked to lower levels of intimate‐partner homicide, which we interpret in terms of their capacity to effectively reduce victims' exposure to abusive or violent partners. Other resources, however, are related to higher levels of homicide, suggesting a retaliation effect when interventions stimulate increased aggression without adequately reducing exposure. In light of other research on deficiencies in accessing and implementing prevention resources, our results suggest that too little exposure reduction in severely violent relationships may be worse than none at all.     

(Re)constructing the Head Teacher: Legal Narratives and the Politics of School Exclusions

School exclusions are a site of political and social contestation and in recent years statutory reforms and popular demands have focused on increasing the autonomy of head teachers. This article explores this trend and questions why, in a culture of human and children's rights, head teachers have such extensive powers within their schools and why law has, to a large extent, failed to provide a check on these powers. It does so not by doctrinal analysis of domestic and human rights law but, rather, by enquiring into how legal narratives construct the role of the head teacher and by locating the practice of exclusions within a broader social and political context. It suggests that demanding that the head teacher be unfettered in his or her decisions relating to exclusions ought not to be understood as a policy of 'non-intervention' or a return to a 'reassuring' past but, rather, as a contemporary policy that reinforces the construction of excluded pupils as marginalized non-citizens.     

Beyond social regulation? New instruments and/or a new agenda for social policy at Lisbon?

The consistent failure to match EU market integration with social policies provoked the development of new modes of European governance for welfare provision in the early 1990s. Based on policy co-ordination rather than integration, these new governance modes were consolidated as the 'Open Method of Co-ordination' (OMC) at the Lisbon Summit in 2000. This article analyses the scope and limits of the OMC, locating it in the context of broader trends and tendencies in governance and social provision. Indeed, the perceived 'success' of the OMC may reflect a deeper trend in social policy across western Europe and beyond, towards 'active' welfare policies. In many ways the OMC is consistent with the influential 'regulatory state' vision of the EU. Yet by 'activating' welfare the OMC may challenge market liberal theories of European economic regulation. The first seeks to integrate economic and social policies while the latter is premised on their separation.     

Nelson Mandela: Partisan and Peacemaker

To analyze Nelson Mandela's personal attributes relevant to peacemaking and negotiation, the study considers personality traits derived from biographical data rather than quantitative content analysis. Since Mandela's personality eludes ready characterization in terms of high or low levels of a given trait and also comprises traits apparently in tension, the analysis offered here highlights ostensibly opposing characteristics, and the evolution of Mandela's personal characteristics over time, with specific attention to his self-identity, interpersonal orientation, and political outlook. It identifies distinctive aspects of Mandela's peacemaking practice, as well as aspects that may be common among accomplished peacemakers and negotiators. It concludes that Mandela's seemingly contradictory personality traits and high degree of cognitive complexity enabled him to fulfill the different roles of partisan negotiator and of mediator/peacemaker, and equipped him, more so than other revolutionaries, for the transition to post-liberation leader.     

Phenolphthalein False‐Positive Reactions from Legume Root Nodules

Presumptive tests for blood play a critical role in the examination of physical evidence and in the determination of subsequent analysis. The catalytic power of hemoglobin allows colorimetric reactions employing phenolphthalein (Kastle‐Meyer test) to indicate “whether” blood is present. Consequently, DNA profiles extracted from phenolphthalein‐positive stains are presumed to be from blood on the evidentiary item and can lead to the identification of “whose” blood is present. Crushed nodules from a variety of legumes yielded phenolphthalein false‐positive reactions that were indistinguishable from true bloodstains both in color quality and in developmental time frame. Clothing and other materials stained by nodules also yielded phenolphthalein false‐positive reactivity for several years after nodule exposure. Nodules from leguminous plants contain a protein (leghemoglobin) which is structurally and functionally similar to hemoglobin. Testing of purified leghemoglobin confirmed this protein as a source of phenolphthalein reactivity. A scenario is presented showing how the presence of leghemoglobin from nodule staining can mislead investigators.