Educational Research and the Protection of Human Subjects

Educational research is increasingly subject to legal restrictions designed for the protection of human subjects of research. In this article the author discusses legal restrictions–both in the courts and under HEW regulations–on educational research, comparing these restrictions with those on biomedical research. He finds that although educational research in particular instances may give rise to suits for damages for invasion of privacy or intentional infliction of psychological distress, the legal issues relating to educational research will most often be resolved in proceedings before institutional review boards charged by HEW with the responsibility for passing upon proposals to conduct research on human subjects. He argues that the interests protected in proceedings before institutional review boards are not limited to those that have received judicial recognition in suits for damages. The author finds that the requirement that the informed consent of subjects be obtained presents difficult issues for educational research. He notes in particular the problems presented by research proposals that as an element of the research design contemplate the observation of subjects without their knowledge and the use of children as research subjects.     

Adjusting policy-thinking to global pragmatics and future problematics

An unprecedented rate of change is rapidly outdating traditional modes of policy thinking. New orientations are needed to deal with the growing interaction between global pragmatics which encompass emerging trends that diverge radically from anything previously experienced and intractable problems that do not respond to conventional solutions and future problematics which arise from the nature of the future and paradoxes underlying futures oriented thinking. Current policy thinking suffers from many incapacities and should give way to the search for a new holistic paradigm based on the twin propositions that the properties of the parts can only be understood through an understanding of the dynamics of the whole and that the dynamics of the whole may be greater than the summation of the parts. Several suggestions are made where to make a start. The new policy thinking must provide a common meaning, purpose and sense of direction. It must be anticipatory, considering both the probable and the improbable, looking both backwards and forwards. It must be crisis-prepared, innovative, multi-dimensional and capable of handling adversity, uncertainty, and complexity. Other components of governance must also be improved lest an oversized head develop on an undersized body. Meantime, hope is placed in a new type of learning that would allow for living with past mistakes and failures without being overwhelmed, one that would allow for change, perception, problem reformulation, unlearning and even debunking. It would involve questioning the appropriateness of ultimate purposes and goals, selecting new replacements, and identifying new means for achieving them.     

CHILD CUSTODY EVALUATIONS

Judicial and legal changes in divorce rules and precedents over the last two decades have led to increasing involvement by mental health professionals in child custody disputes. This involvement usually entails an evaluation of the child and parents, along with a recommendation to the court regarding custody. To date, there is little empirical evidence supporting the efficacy of methods typically used by professionals in making recommendations to the court. This article presents a review of assessment methods currently used in resolving child custody disputes. It also reviews the limited number of outcome studies on child custody evaluation and methods used in litigation and mediation.     

SYSTEM AND PROCESS IN CAPITAL-INTENSIVE PRIVATIZATION: A COMPARATIVE CASE STUDY OF MUNICIPAL WASTEWATER TREATMENT WORKS

Capital-intensive privatization (CIP) is an option for infrastructure project development. Advocates claim that CIP generates cost savings through efficiencies inherent in the coordinated design, construction, and operation of facilities. The present paper assesses these claims in the field of municipal wastewater treatment facilities (WIWs). It presents case-study results and aggregate data on seven of the first privatized WIWs, and on seven comparable grant-funded facilities. The analysis relies on the concepts of system and process. It concludes that CIP changes the system of players and the processes through which they interact. In doing so, CIP generates efficiencies of time and cost in project design and construction. It also may change accountability mechanisms, trade efficiency off against accountability, and raise issues of compatibility with the nature of the state. These matters bear directly on the current debates over tax and budget policy generated by increased demands for services, limited resources, and deficit reduction mandates.     

The serpent beguiled me and i did eat: Entrapment and the creation of crime

This paper examines the legitimacy of pro-active law enforcement techniques, i.e. the use of deception to produce the performance of a criminal act in circumstances where it can be observed by law enforcement officials. It argues that law enforcement officials should only be allowed to create the intent to commit a crime in individuals who they have probable cause to suppose are already engaged or intending to engage in criminal activity of a similar nature.     

MEDIATIVE STRATEGIES IN THE MANAGEMENT OF CHILD SEXUAL ABUSE MATTERS

This article presents the theoretical importance and practical applications of mediative strategies in family conflicts where sexual abuse allegations are involved. Traditional approaches often further the breakdown of the family and harm the children. The linear nature of the legal system in which these conflicts are played out, the strong moral and cultural influences in issues concerning sexuality, and the approach of the professionals involved are factors considered. When multiple professionals intrude simultaneously on a family, there is severe disruption of the boundaries and internal hierarchy of the system. The process of mediation allows for effective conflict management because it is premised on systemic problem solving. The article catalogues specific mediative skills, strategies, and techniques that can be applied. It also encourages the use and incorporation of mediation in court systems to more effectively manage family conflicts such as divorce and juvenile matters, where sexual abuse is often alleged.