A pluralistic perspective on the intractability of the International Joint Commission's Lake Ontario‐St. Lawrence River study

As environmental public participation has become increasingly mandated worldwide, its advantages and disadvantages have been widely documented. This article uses qualitative analysis of documentation and interviews with 40 participants in a US–Canadian International Joint Commission water management controversy. It demonstrates how ambiguity and diffuse power—that is, two characteristics of organizational pluralism—revealed in communication and governance contribute to the challenges of resolving the 13‐year controversy. The article adds to the literature that has largely focused on power disparities between governing or managing organizations and stakeholders and makes recommendations for addressing situations involving organizational and scientific ambiguity as well as relatively equal distribution of power. Copyright © 2013 John Wiley & Sons, Ltd.     

Supporting Accountability in the Field of Mediation

Over time, many fields of work - law, medicine, and teaching - matured from informal bodies of knowledge and skills, passed from one practitioner to another, into professions. In the process each began enumerating and affirming their intellectual and practical roots. Each also began testing practitioners to insure comprehension of relevant knowledge and an ability to demonstrate relevant skills. Family mediators in Canada have moved in this direction. In the United States, people who mediate interpersonal disputes also feel pressured to take additional steps to assure the quality of our work. This article summarizes what mediation organizations in the United States have done and could do to vouch for work in our field. But, taking additional steps calls for a clearer understanding of what a mediator should know and what they are expected to do. These two critical pieces of information remain nebulous. So, this article goes beyond describing ways of insuring accountability by also describing a recently completed job analysis, a tool frequently used in other fields of work to describe the skills and knowledge relevant to a particular job.     

Probation absconders: A unique risk group?

While examination of probation violations is common in the literature, probationers who abscond from community supervision have rarely been examined. These violators are circumventing justice and may pose a serious risk to public safety. This article compares the characteristics of absconders to those of offenders who successfully completed probation and offenders revoked from probation because of other violations. Absconders and revoked probationers generally presented the least favorable risk profiles, but did not differ significantly from one another on probation conditions, “stakes in conformity,” or prior felonies—although revoked probationers had more misdemeanors and a younger age of onset for officially recorded crime. Combined with the violation behaviors of absconders while on probation, these similarities suggest a strong chance of being revoked to prison had absconders remained under supervision. Employment, recorded address changes, and lower supervision burden on offenders were among the best predictors of successfully completing probation versus absconding.     

Topoi in Summa: Virtual Justice as Determinant for Aquinas’ Placement of Law

This study shows the spatial juxtaposition and separation of topics regarding law in Thomas Aquinas’ Summa theologiae. These topics are his treatise on legal structures among morals in its part I-II, and his treatise on legal justice among virtues in its part II-II. This difference in the topics’ placements requires mediation by the virtuality of law, in order to grasp the distances and bridges between the two treatments of law.     

Fraud in courtship: Annulment and divorce

The possibility of fraud exists in any contract. Courts and custom allow some amount of fraud before voiding the contract. The same principles hold for marriage. This paper provides a comparative analysis of annulment and divorce, shows that there exists a socially optimal amount of fraud in marriage, and demonstrates how changes in the locale's divorce regime result in changing demand for annulments. While substitutability between annulment and divorce is limited, annulment is shown to become more valuable for introducing fault when the divorce regime shifts to no fault. As European nations harmonize their family laws, they should be conscious of this substitutibility.