Conflicts between Treaties in International Law

Netherlands International Law Review -     

Legal Meaning Assumptions – What are the Consequences for Legal Interpretation and Legal Translation?

In this article, I discusssimilarities and differences between legaltranslators and legal interpreters. Thediscussion is centred around the impact thatthe choice of background assumptions as tomeaning of linguistic items in legal texts hason the way lawyers and translatorsconceptualise their own work, respectively. Thedispute between proponents of a strong and aweaker approach to legal meaning in legalinterpretation is presented and the relationsto legal translation is investigated. By way ofconclusion I present some of the majorconsequences for legal translators of optingfor the empirically more easily justifiableweaker approach.     

Federal Administrative and Judicial Oversight of Medicaid: Policy Legacies and Tandem Institutions under the Boren Amendment

Because of the active role assumed by the courts in Medicaidnursing facility reimbursement, and because that role changedover time, federal intervention in this area provides a usefulwindow through which to examine the role of the federal judiciaryin oversight of state health policy making. Findings supportthe proposition that because judicial influence extends beyondprogram outcomes to include the organizational structure andbeliefs of key stakeholder groups, the effects of case decisions,and the statutes under which they are litigation, may be deeperand longer lasting than their usefulness as a litigation tool.Findings also support the proposition that neither the executivenor the judiciary acts in isolation but instead they serve astandem institutions guiding federal oversight of state policymaking. Data for this analysis derive from archival documents,secondary sources, and 101 in-depth interviews.     

ASSESSING THE PARENT–CHILD RELATIONSHIP IN PARENTING CAPACITY EVALUATIONS: CLINICAL APPLICATIONS OF ATTACHMENT RESEARCH

The lack of an articulated model of parenting competence and the limited use of empirically based assessment procedures is a weakness of current parenting capacity assessment protocols. The current article attempts to address this issue through the application of attachment theory and research in assessing one of the most critical components of parenting capacity assessments: the parent–child relationship. New empirically and attachment‐based assessment tools and procedures, well suited for the assessment of parental fitness, are presented, along with recommended practice guidelines to enhance the assessment of the parent–child relationship in cases of young, maltreated children (under 6 years of age).     

Evaluation of industrial modernization programs: The field agent's perspective

This article provides a field agent's perspective on the factors that influence the success of industrial modernization services. We begin with an overview of the field agent's role in the industrial extension system and discuss the technical assistance services typically provided by a field agent. The field agent's role is differentiated from that of other stakeholders such as legislators, agency staff, and program managers. We then consider pre- and post-project perspectives of positive outcomes from industrial extension services. The article argues that the field agent's perspective is closely connected to that of the manufacturing customer. Implications for shared communication among stakeholders and improving program outcomes are discussed. The article draws on the experiences of the authors in the manufacturing extension program in Georgia-the Georgia Manufacturing Extension Alliance (GMEA).