美国法学教育和法律职业养成

美国法学教育是普通法传统下三年制研究生层次的职业教育。美国法学院力求教会学生学会在广泛学科领域中进行法律分析、掌握法律技能和理解职业价值。美国法学教育也遭到了各种各样的批评,有人批评法学院是否有效地为学生从事法律职业提供了充分准备。本文对美国法学教育作了概括介绍,分析了美国法学教育面临的挑战,并介绍了对当前的法学教育模式所提出的批评等内容。     

Crisis (hostage) negotiators weigh in: the skills,behaviors, and qualities that characterize an expert crisis negotiator

This research identified what skills, behaviors, and qualities experienced crisis (hostage) negotiators believe enhance or harm their success during negotiation. 188 negotiators from various countries (primarily United States) voluntarily completed an online survey in which they listed the aforementioned characteristics and reported on various aspects of their own background and behaviors. Open-response questions were coded and quantitative methods revealed what qualities were listed most frequently by negotiators. Active listening, displays of empathy, effective communication, and remaining calm and collected appear at the top of their to-do lists. Conversely, being confrontational, arguing, yelling, and interrupting were reported as behaviors to be avoided. Most negotiators attend trainings multiple times a year and read on the topic of crisis negotiation. About half follow a model during negotiations, typically the FBI’s Behavioral Change Stairway Model. Findings are discussed with relevance to future research directions and improvement of negotiator trainings.     

Education Counts: Turning Crisis Into Opportunity for Adolescents

This essay, adapted from the keynote address delivered at the National Council of Juvenile and Family Court Judges’ 72nd Annual Conference on July 13, 2009, in Chicago, Illinois, focuses on adolescents and education—a strategy that is not only economically sound but also logical, indeed honorable. So just how do we begin to turn the crisis facing too many children and families into opportunity? How do we interrupt, and reroute, that perilous pipeline to prison? How do we help to build off‐ramps from the disastrous destiny that awaits so many young people? How do we regain our leadership role in constructive juvenile justice instead of juvenile incarceration? I believe judges can take a leadership role in addressing these questions. It's our children's future to be sure, but it's ours too. Indeed, it's the very future of our nation that is at stake.     

A million little ways: racism and everyday performances of blackness in Buenos Aires

In spite of the reality of racism in Argentina, dominant Argentine society holds class as the most important factor in explaining social inequalities. I analyze everyday performances of blackness in Buenos Aires, Argentina and how these both corroborate with and contest dominant ideas about race. Even attitudes and behaviors that appear to uphold the racial hierarchy are, often upon deeper analysis, complex mechanisms of negotiation within a racist society. These performances range from very casual encounters on the street to literal interpretations including an audition for a TV commercial. I detail incidents of blacks who counter racist assumptions through their performance of identity as well as how racism influences and shapes these performances among Africans and Afro-descendants. The ethnographic evidence I gathered from my own exchanges as well as those of my research consultants challenges the notion of Argentina as a nation devoid of antiblack racism.     

GitHub use in public administration in Canada: Early experience with a new collaboration tool

GitHub is a web‐based digital project hosting service that facilitates collaboration. We introduce how GitHub works and assess how it has been used in the public sector in Canada based on interviews with federal government leaders and a survey of Canadian public service GitHub users. With little research to date on public sector use of GitHub, and none on its use in Canadian governments, we explore the early experience with this collaboration tool and consider the possible implications for collaboration in government.     

IMPLICATIONS OF WHISTLEBLOWING FOR PUBLIC ADMINISTRATION EDUCATION

Whistleblowing, or going public, is an issue which has received a great deal of media attention and scholarly consideration. Public administrators of the future will surely have to confront it. The author of this article divides whistleblowing into individual, organization, and environmental levels of analysis. Each level has its own unique considerations which must be understood separately before they can be understood comprehensively. Moreover, the author asserts that the study of whistleblowing fosters awareness of ethics, provides the skills needed to effectively cope with dissent, and imparts legal knowledge about the discipline of public administration to students.     

Grievance Practices in Post-Soviet Kyrgyz Agriculture

This article examines legal consciousness in action as expressed in grievances arising from commercial transactions among sellers and buyers in the new post-Soviet economy of Kyrgyzstan. Using focus groups, direct observation, and participant observation, I investigate the transformation of disputes between Kyrgyz vegetable growers and processors. My data show variation in the way grievances are dealt with among Kyrgyz farmers. Farmers opt out of the contractual relationship, remain in the relationship, or practice a combination of the two over time. The farmers included in this study did not seek legal remedies through the court system. Data also reveal that expressions of grievances transform in tandem with an evolution of feelings—from anger and distrust to understanding and even sympathy for the party responsible for the grievance.