TQM in the courts: Maybe so,maybe not

Courts are prime candidates for the application of Total Quality Management (TQM) but also difficult settings in which to implement it. The leadership structure of courts discourages strong leadership but also requires negotiation and mediation to install new programs, so an effective chief judge can bring most of the governing body--the other judges--along when a decision is made to adopt TQM. As turnover on the bench is slow, the governing body remains throughout the period needed to institutionalize TQM. Courts already have a valuable and useful tool for thinking about “customers” and using data effectively in the Trial Court Performance Standards. Courts have been slow to adopt TQM to date, but there is growing interest and several leadership courts using TQM to improve various court functions. Courts' work mostly is processed in assembly-line fashion; using TQM's principles can help courts improve productivity, recognize and respond to customer needs more readily, and generally be better able to obtain taxpayer support. The courts are at once prime candidates for Total Quality Management (TQM) and a setting in which TQM is a hard sell. This article will explore why both elements of this statement are true. Acknowledging the difficulties, this article nonetheless concludes that TQM can and should be sold and that the courts will be better for the effort. Most Americans do not understand how courts work.(') Even less do they understand how courts are managed or why courts should involve any different management issues from other public agencies. To understand both the difficulties in having TQM accepted in courts and the fertile ground they offer, it may help to explore briefly the management context.     

Nationalists without a nation: South Moluccan terrorism in the Netherlands

Abstract

This article focuses on the phenomenon of South Moluccan terrorism in the Netherlands. Beginning with a historical examination of the colonial relationship between the Netherlands and Indonesia, attention is then given to the circumstances in which some 21,000 South Moluccans came to the Netherlands in the early 1950s, and the social, economic, and political conditions of the South Moluccan community in Holland since then. Then follows a detailed examination of the main incidents of South Moluccan terrorism in the Netherlands which climaxed in a series of violent incidents against Dutch and Indonesian targets in the mid‐1970s. Special attention is placed on the ways in which successive Dutch governments have responded to the various outbreaks of terrorism, as well as to the effects of this terrorism on public opinion. The article then shows what effects South Moluccan terrorism has had on the policies of Dutch and Indonesian governments; on national and international public opinion; on the South Moluccans in the Moluccas; and on the international terrorist community. The paper concludes that the focus of South Moluccan terrorism in the Netherlands is likely to shift from attempts to secure an independent homeland for their people to closer contacts with other terrorist groups espousing anti‐colonial, anti‐imperialist, and nationalist ideals.     

Sketching and validating the location-based services (LBS) regulatory framework in Australia

Location-based services (LBS) are defined as those applications that combine the location of a mobile device associated with a given entity (individual or object) together with contextual information to offer a value-added service. LBS solutions are being deployed globally, and in some markets like Australia, without appropriate regulatory provisions in place. Recent debates in Australia have addressed the need to bridge the gap between technological developments and legal/regulatory provisions. This requires an assessment of the regulatory environment within a given social context such as Australia. The core components of such an investigation include: (a) composing a conceptual framework for analysing regulation of technologies such as LBS, one that is sensitive to public policy themes and challenges, and (b) applying this conceptual framework to the Australian setting in order to sketch and define the components of the present framework, and identify areas for improvement through a process of validation. This paper addresses these aims, demonstrating how the current regulatory framework in Australia is bound by legislation with respect to privacy, telecommunications, surveillance, and national security (that is, anti-terrorism), in addition to a set of industry guidelines for location-service providers (LSPs). The existing Australian framework, however, is lacking in its coverage and treatment of LBS and location data, and does not adequately address the themes and challenges in the defined conceptual framework.     

Responsive and Responsible? The Role of Parties in Twenty-First Century Politics

This article focuses on a particular aspect dear to theories of democracy in general and theories of representation in particular: the tension between responsiveness and responsibility affecting political parties in modern, liberal democracies. In doing so, it engages with Peter Mair’s intellectual passion for this topic, which he developed over the years and intensively worked on until his premature death in 2011. He argued that this tension became ever more apparent, putting the very functioning and legitimacy of democratic government under great pressure. This contribution goes back in time, to the very beginning of the modern state, and argues that already the nascent parties and party systems were affected by the tension between responsiveness and responsibility. It then offers a synopsis, organised in a series of ‘pictures’ or ‘frames’ of the historical parcours along which this tension has impacted on the development of political parties. The article also presents and summarises the collective effort undertaken by a number of scholars, coming together to honour Peter Mair’s work, to shed further theoretical and empirical light on this fundamental tension.     

Russian Direct Investment Abroad: History, Motives, Finance, Control and Planning

On the basis of questioning 22 Russian MNCs, the author analyses motives of their FDI as well as the financial, control and planning aspects of their foreign affiliates' functioning. Analysis is supported by historical and statistical background of Russian outward investment.     

Books Received

Criminal Law Forum -