Coerced and Unfree in the Private Sector

We style ourselves as liberal polities and law purports to sustain liberal values. It does not claim to maintain and perpetuate capitalist goals as such. Yet, its adherence to the sacrosanct nature of private property, individualism and freedom to contract allow it do just that. To further this unmentioned objective, law is twisted and bent to ignore the supposed right of workers as individuals to be autonomous decision-makers. The indefensible assumptions made give capitalists coercive powers that inhibit the working class from achieving economic and political autonomy. The owners of the means of production are given political and economic privileges by a legal system that pretends to serve the liberal project. The contradiction between liberal law and its capitalist orientation is plain, leading to occasional and always transitory reforms. This is illustrated by this overview of the legal mechanism of adjustment devised by supposedly liberal law to regulate capital/labour conflicts.     

The State of the International Criminal Court,of Special Tribunals and of International Criminal Law: A Concise Review

International criminal law has changed rather dramatically in the last three decades. Whereas in the early 1990s the field was an almost exotic specialization of penal law, it has now developed into a thriving part of the law. Nowadays, most law schools have specialists in international criminal law which has usually developed into an important field of research. An important factor in this development has been the performance of three Special Criminal Tribunals established by the United Nations Security Council. In this article their institutional record as well as their importance for the development of international criminal law will be reviewed. In both senses, on the basis of a necessarily concise review, it is submitted that the performance of the tribunals must be considered a success. The International Criminal Court (ICC) is already twenty years in existence. Its performance cannot be judged equally successfully, however. In particular as an institution it cannot point to records comparable to those of the Special Criminal Tribunals. Still, although it is undoubtedly fragile, the ICC has become a relevant feature of modern international law and in international relations (as a brief examination of its potential role regarding the Special Military Operation in Ukraine shows). Notwithstanding its institutional weaknesses, the importance of the ICC manifests itself in its Statute which can be seen as a codification of international criminal law. The strong increase in the domestic administration of international crimes as a consequence of the principle of the complementarity of the Statute is taken into consideration.

     

Is In-Prison Treatment Enough? A Cost-Effectiveness Analysis of Prison-Based Treatment and Aftercare Services for Substance-Abusing Offenders

This study performed a cost-effectiveness analysis (CEA) of the Amity in-prison Therapeutic Community (TC) and Vista aftercare programs for criminal offenders in California. For the average treatment participant, the cost of treatment was $4,112, which led to approximately fifty-one fewer days incarcerated (36% less) than the average individual in the control group. This implies that, for the average offender, treatment reduced recidivism at a cost of $80 per incarceration day. For participants who received both in-prison treatment and aftercare services, an additional day of incarceration was avoided at a cost of $51 per day relative to those that received in-prison treatment only.     

Status of PPBS in local and state governments in the United States

There have been widespread attempts to implement PPBS or at least some of its major concepts, in local and state governments beginning in 1965. The majority of this effort has focused around the development of the structural aspects, including statements of general objectives, development of program structures, and preparation of program budgets. The use of multi-year projections and improved output measurement has begun to gain interest. Recent progress, particularly in the latter, has been encouraging. However, progress in the undertaking of the type of program and policy analysis called for by PPBS has been slow with few exceptions. The lack of quality analytical staffs inside state and local governments has been perhaps the major obstacle.This paper is a revision of a paper prepared for the Department of Housing and Urban Development as a working paper for the Organization for Economic Cooperation and Development (OECD). The views expressed are those of the author and do not necessarily represent those of HUD, OECD, or The Urban Institute.     

Distinguishing the real from the surreal in management reform: suggestions for beleaguered administrators in the government of Canada

Abstract: The authors believe that management reform initiatives can be jeopardized by the government‐wide application of idealized management frameworks. They suggest that, according to what they call “the law of mandated utopias,” the resultant management requirements become surreal in the eyes of departmental managers. The authors explore the ethical and practical dilemmas caused by the conflict between a public servant's duty to comply with centrally imposed requirements and the duty to manage people and public monies in a sensible way. The recent management improvement initiatives in the Government of Canada are used to demonstrate the practical limitations of the conceptual frameworks associated with performance measurement, performance audit, modern comptrollership, and human resources development. Suggestions are offered on how to improve management in departments while dealing with the surreal requirements generated by government‐wide reforms based on utopian frameworks. Sommaire: Les auteurs estiment que l'application de cadres de gestion purement théoriques, à l'échelle de l'appareil gouvememental, pourrait compromettre les initiatives de reforme de la gestion. Ils sont d'avis que, sous les effets de ce qu'ils appellent la «loi des utopies imposées», les exigences que les gestionnaires de ministeres sont tenus de prendre en compte peuvent leur paraitre surrkalistes. Les auteurs analysent les dilemmes concrets et déontologiques que pose l'obligation faite aux gestionnaires de se conformer aux exigences des organismes centraux tout en gerant des fonction‐naires et des fonds publics de façon judicieuse. Les initiatives actuelles d'amelioration de la gestion au gouvemement du Canada permettent de constater les limites concrètes des cadres conceptuels liés a la mesure et vérification du rendement, a la modernisation de la fonction de contrôleur et à la modemisation des ressources humaines. Les auteurs formulent, à l'intention des équipes de direction, des suggestions pour améliorer la gestion au sein de leurs ministères tout en faisant face aux exigences surréalistes engendrees par des réformes inspirkes par des cadres utopistes à l'echelle de l'appareil gouvernemental.     

Woe Unto You, Judges: or How Reading Frankfurter and Greene, The Labor Injunction, Ruined Me as a Labour Lawyer and Made Me as an Academic

This article is a contribution to the occasional series dealing with a major book that influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, and Geoffrey Bindman.