The Legacy of Violence on Post-Civil War Elections: The Case of El Salvador

Over the last several decades, numerous civil wars have ended as a consequence of negotiated settlements. Following many of these settlements, rebel groups have made the transition to political party and competed in democratic elections. In this paper, I assess the legacy of civil war on the performance of rebel groups as political parties. I argue that the ability of rebels to capture and control territory and their use of violence against the civilian population are two key factors explaining the performance of rebels as political parties. I test these hypotheses against the case of the Farabundo Martí National Liberation Front (FMLN) in El Salvador using one-way ANOVA and multivariate regression analyses. In analyzing the FMLN’s performance in the 1994 “elections of the century,” I find that, as a political party, the FMLN benefited both from the state’s violently disproportionate response and its ability to hold territory during the war.     

Court Management of AIDS Disputes: A Sociolegal Analysis

Historically, disease scares reveal contradictions in the social order. We postulate that courts focus on depoliticizing social tensions revealed by AIDS, legitimating the routines of dominant parties in the AIDS sociolegal network. At the same time, courts deviate from their normal practices try upholding the claims of subordinate parties in this network, particularly people living with AIDS (PWAs) and their allies. Our analysis of 36 AlDS-related court rulings, published during the formative years of AIDS litigation in the United States, supports the notion that courts operate as "double-edged" institutions. To explain the duality of judicial decision making, we concentrate on the powers of social and cultural factors rather than on the doctrinal judgments of the courts. We trace how relational attributes, evident in contestants' characteristics (e.g., plaintiff/defendant, status differentials) and the nature of claims (i.e., restrictive/expansive), combine to account for wins for dominant parties and how other combinations of these attributes define wins for subordinate parties. We also show how judges combine specific interpretational attributes in the text of their rulings (e.g., use of divisive AIDS metaphors, deference to medical authority) to justify wins. We consolidate these findings to discuss how PWAs and their allies might use the courts to their advantage and point out the ways in which the changing epidemiology of AIDS in the United States limits the use of courts.     

The Employment Appeal Tribunal: October 2002-July 2005

The Employment Appeal Tribunal (EAT) has been governed by theEAT Rules¹ since 1993 (amended in 2001), and in 1996, Sir JohnMummery, the then president, issued a Practice Direction whichenshrined the practice that had been developed and honed overthe 20 years of the EAT existence. The changes over the past3 years have now been reflected in the 2004 amendments to theEAT Rules and by two further Practice Directions, first in December2002, to implement the effect of the changes introduced in practiceas from October 2002 and then in December 2004, once they hadbedded in, to adjust to the amended Rules, which had also reflectedthose changes. This article is written for the purpose of summarisingthose changes and reflecting upon their effect.