Achieving behaviour change: Three generations of HIV/AIDS programming and jargon in Thailand

NGOs have played an important role worldwide in the fight to prevent the spread of HIV/AIDS through achieving behaviour change. NGOs have often been at the forefront of innovative changes, influencing government and international programming activities. This paper identifies and analyses the evolution of the HIV/AIDS programmes of one NGO in Thailand over a period of ten years. Three generations of programming are identified both through distinct approaches to this area of work and through the changing jargon used to describe the people the programmes are aimed at.     

Work-Product Protection and Experts' Documents: The Ninth Circuit Strengthens the “Because of” Standard and Extends Protection to Dual Purpose Documents

Since the Supreme Court applied the work-product privilege to documents created by an attorney's representatives, so long as the documents were created in anticipation of litigation, the lower courts have attempted to interpret this application. The various circuit courts have addressed this issue as it relates to documents serving both litigation and nonlitigation purposes. Most recently, in November 2003 the Ninth Circuit joined the First, Second, Third, Seventh, Eighth, Eleventh, and D.C. Circuits when it adopted the rule that an expert's documents may be protected when they are prepared “because of the prospect of litigation.” In contrast, the Fourth, Fifth and Sixth Circuits, Tenth and D.C. District Courts have constructed a stricter interpretation. Further, the Ninth Circuit's recent holding in United States v. Torf (In re: Grand Jury Subpoena) 350 F. 3d 1010 (9th Cir. 2003) sheds some more light on the scope of the work-product protection as it applies to environmental consultant's documents created in anticipation.     

The Challenge of Funding Consensus-Building Processes

Negotiation Journal -     

The garrison state revisited: civil–military implications of terrorism and security

Lasswell’s original vision of the garrison state was spurred by the increasing militarization of states in the industrial age. The advent of the Cold War seemed to confirm Lasswell’s predictions. In the post-industrial age, conventional warfare and the attendant mobilization of societies seem less probable, but the changing threat of terrorism may lead to a variation of Lasswell’s construct. While states no longer appear likely to evolve into a system of armed camps directed at one another, this article argues that the threat of terrorism may necessitate the garrisoning of society and enhance the role of military and police organizations, as Lasswell warned.     

A tragedy of the anticommons: local option taxation and cell phone tax bills

When multiple taxing jurisdictions overlap and fail to account for one another’s actions, they over-tax the common base. This is a prediction of the anticommons model, in which numerous parties have authority to exclude others from using a resource. This model further predicts that when governments over-tax the base, private parties will underutilize the resource, and underutilization will be greater as the number of parties with exclusion rights rises. We test these predictions by studying cell phone taxation and local option tax authority, which allows some cities, counties, and special-purpose districts to levy taxes on cell phone use. Consistent with theory, we find that the tax rate on cell phone service is higher when local governments have the option to tax. Further, the percentage of households owning cell phones is lower when there is the local option to tax, and ownership rates fall with the number of taxes levied.     

Collective Reputations Affect Donations to Nonprofits

Maintaining their organization's reputation is an important challenge for nonprofit managers. Organizations are often linked via a common reputation within their industry or sector such that publicity about one organization can spill over to affect how stakeholders view its peers. The linkages of common reputations may be particularly pronounced among nonprofits because important dimensions of their quality are difficult to observe directly. In this paper, we show that when the third‐party evaluator Charity Navigator rates nonprofits and displays ratings of their peers, it creates a collective reputation among groups of nonprofits performing similar functions in the same region. Through an analysis of 3,413 charities from 1993 through 2008, we find that donations to nonprofits rated by Charity Navigator rise and fall with the published Charity Navigator ratings of their peers. The effect appears to be due to the charity updating fundraising choices in response to the ratings rather than donor reactions. The presence of collective reputations has important implications for nonprofit management, such as collective self‐regulation programs.     

Discourse of decency: white nationalists,white antiracists,and the criminality of color

Contemporary research on white racial attitudes on race and crime reflect a grouping of opinions on a traditional liberal-conservative scale. These two groupings reflect what sociologists and political scientists call ‘issue constraint’ or a ‘clustering’ of ideas into a specific ideological worldview. Many now argue this gulf is growing; a white ‘culture war’ that many interpret as evidence of the increasing fracturing and political bifurcation of white racial identities over ‘hot button’ topics like race and crime. While a substantial literature on race and crime finds white racial attitudes to vary by educational level and political orientation, we know less about shared understandings of crime and race in relation to the processes of white racial identity formation. Rather than view attitudinal statements on race and crime as accurate reflections of essential different and static white racial political positions or ideological orientations, additional scholarship can examine discourse on crime and race as constitutive of the white identities that wield them. Drawing from an ethnographic study with conservative white nationalists and liberal white antiracists, this paper addresses the following question: what is the relationship between discourse on crime and race and the ongoing process of white racial identity formation?     

Invitation or Ambush: The Scope of an Insured's Duty to Cooperate and the Slippery Slope of Information Sharing

The policyholder's “duty to cooperate” is built into every liability insurance policy, either expressly or through the application of a state's common law. The scope of an insured's duty to cooperate is often difficult to discern, however, in terms of the type and extent of information that the insured should provide as part of the insurer's investigation of the underlying matter for which coverage is being sought. Traditionally, the duty to cooperate was intended to encourage information sharing to allow the insurer to afford the policyholder a comprehensive, informed defense to the underlying claimant's allegations. This article examines the scope of the duty to cooperate and how that duty impacts the insured's obligation to share some reasonable amount of information as part of the insurer's investigation and defense of the underlying claim, noting potential pitfalls and risks that may arise from information sharing.