European political cooperation and Southern Africa

Since around the turn of the century, the Nuclear Non-Proliferation Treaty (NPT) has suffered fundamental challenges from several quarters, which has led to a number of proposals to reinforce the non-proliferation regime. Among the most effective are a ban on sensitive nuclear transfers and the universalisation of the Additional Protocol. The former proposal, although not agreed upon in the NSG, has been virtually realised as a moratorium within the G-8 framework. It would be advisable for the G-8 to do the same with regard to the latter proposal.     

Probation Officers’ Perceptions of Supervising Probationers with Mental Illness in Rural and Urban Settings

As part of a larger study of probation workload and workforce challenges in one southeastern state, this study reports the results from a statewide survey of probation officers’ experiences supervising probationers with mental illness. A total of 615 officers responded to closed- and open-ended questions about the challenges and barriers to supervising offenders with mental illness, and the responses of officers from rural versus urban settings were compared. Officers reported that probationers with mental illness are difficult to supervise and supervision challenges are exacerbated by a scarcity of mental health and substance abuse treatment resources, limited social support, and a lack of employment opportunities for this population of probationers. Officers report unique and similar challenges across rural and urban settings. This study contributes to our understanding of the challenges of supervising probationers with mental illness and informs practice, policy and research at the interface of the criminal justice and mental health systems.     

The Dematerialization of Print and the Fate of Copyright

This paper contends that copyright is a product of the invention of print. Before that time, writings were seen as part of the common heritage of humanity and if someone copied a book by hand they deserved the right to own the copy. The digitalization of not only print, but also intellectual products such as music, graphics and video has caused problems more deep-seated than many copyright lawyers would admit to. In fact, a paradigm shift has occurred with information at the core. The older paradigm comes from the world of Descartes and Newton and focuses on material things. The legal system of that era correspondingly focused on material things, making it impossible to own, possess or have any other real right in incorporeals. To cover intellectual property a special subsystem of law was designed which is now starting to show the strain. It is argued that information ages quickly and by over-protecting it one loses the value of the asset. Power and wealth will come from transmitting and adding value to information. In this regard personal rights might be more valuable than real or intellectual property rights, unless the latter adapts to change more rapidly.     

Contested hybridization of regulation: Failure of the Dutch regulatory system to protect minors from harmful media

The hybridization of regulatory modes and instruments is currently a popular way to improve public regulation. However, it is still unclear whether combinations of hard law and soft law, co-regulation, and legally enforced self-regulation really make regulation more effective. Using the analytical framework of the “really responsive regulation” approach, in this article we explore effectiveness problems in a hybrid regulatory system that tries to protect minors from harmful media. In our analysis of low compliance rates in the context of system failures, we argue that effectiveness problems seem to arise from poorly informed staff members, lack of internal and external controls, low rule enforcement, insufficient overlap between public and private interests, poor social responsibility in the Dutch media sector, deficiencies in the institutional framework, an inconsistent regulatory strategy, and inadequate responses from responsible regulators. Furthermore, based on our case study we argue that institutional dynamics of standard-setting activities can be detrimental to regulatory goal achievement if there is no compensation at the systemic level. Ongoing “regulatory care” through control, corrective responses, and rule enforcement seems to be crucial for a hybrid regulatory system to perform well.     

Relationship of the Family Environment to Children's Involvement in Bully/Victim Problems at School

Previous studies regarding the relationship of the family environment to children's involvement in bully/victim problems at school primarily focused on children's perceptions of family dimensions. No studies were known using data from multiple reporters within 1 family (parents and children) on family characteristics of bully/victim problems. The aim of this study was to investigate differences between families of victims, bullies, bully/victims, and noninvolved children on family functioning, child-rearing practices, and problem-solving strategies in hypothetical conflict situations and perception differences between children and their parents on those dimensions. The findings revealed important perception differences between children and their parents, with parents holding up a more positive picture of their family. Important differences between families of bullies, victims, and bully/victims were documented looking at the family functioning and parent–child interactions from the perspective of the children. In contrast, almost no differences between the groups were observed if parents' reports were considered. Discussion leads to suggestions for further antibullying interventions at the school.     

Local government decentralization and the health sector in Tanzania

An evaluation of primary-level healthcare undertaken in Tanzania 1989-91 found that district health managers felt powerless to address health care performance weaknesses, although the district is the unit to which government management functions have been decentralized. In order to understand the managers views, this article analyses the pattern of decentralization within the health system from their perspective. It reviews the hislorical development of government structures and the theory and practice of decentralization within Tanzania. The matrix of accountability for health care has become very confusing, with multiple and cross-cutting flows of authority within and between levels of the system. District health managers have limited authority to take management action, such as managing resources, in ways that would begin to address problems of inefficiency and poor quality of care within primary care. District health management also suffers from weak resource allocation and financial management piocedures. The main obstacles preventing more effective management are: resource constraints; conflicts between the demands for central control and local discretion; limited institutional capacity; and political and cultural influences over the implementation of decentralization. Evaluation of past experience suggests that future policy influencing the organizational structure of government health services must be developed cautiously, recognizing the critical importance of complementary action to develop both institutional capacity and political and economic support for the health system.     

A Competing Risks Model of Supreme Court Vacancies, 1789–1992

We hypothesize that Supreme Court justices will consider the likely ideological disposition of their successor in their decision to retire or remain on the Court. Furthermore, because a justice's decision to remain on the Court places him or her at risk of dying in office, it is necessary to consider a model of both voluntary and involuntary vacancies. Our study examines three broad classes of factors influential to Supreme Court vacancies: personal considerations, institutional context, and political influences. We assess the factors that affect the probability of a vacancy on the U.S. Supreme Court due to mortality and retirement at the individual level from 1789 to 1992, using a competing risk duration model and incorporating time-varying covariates. We find significant differences in the hazards of vacancy due to these two causes, and a number of factors are shown to influence the probability of a vacancy, including a general propensity to retire near the beginning of presidents' second terms. However, we find little evidence of the influence of political factors in either retirement-or death-related vacancies, suggesting that justices who retire do not generally do so for expressly political reasons and those who die in office rarely do so as a result of holding out for a like-minded replacement.