Are Judicial Performance Evaluations Fair to Women and Minorities? A Cautionary Tale from Clark County,Nevada

Because voters rely on judicial performance evaluations when casting their ballots, policymakers should work diligently to compile valid, reliable, and unbiased information about our sitting judges. Although some claim that judicial performance evaluations are fair, the systematic research needed to establish such a proposition has not been done. By the use of attorney judicial performance survey data from Clark County, Nevada, this analysis shows that objective measures of judicial performance cannot explain away differences in scores based on race and sex. Minority judges and female judges score consistently and significantly lower than do their white and male counterparts, all other things being equal. These results are consistent with the hypothesis that judicial performance evaluation surveys may carry with them unexamined and unconscious gender/race biases. Future research must compare judicial performance evaluation structure, content, and execution across states in order to identify those evaluation mechanisms least susceptible to unconscious gender and race bias.     

Accounting for Future Generations: Intergenerational Equity in Australia1

Australian governments have published three intergenerational reports since 2002. In line with a general international trend these reports pointed to a problem said to arise from an ageing population which exposes Australia to the risk of a future major fiscal crisis. In this article we argue that by failing to use a generational accounting framework, the reports privilege the elderly at the expense of young people. Added to this, they fail to engage any discussion of intergenerational equity defined as distributive fairness and justice. In this article we explore the value of various approaches to intergenerational justice, focusing on the Principle of Intergenerational Neutrality derived from Rawls' theory of justice. We argue that this does not work as well from a policy point of view as Sen's freedom‐as‐capabilities approach. We conclude that linking Sen's approach to justice to a generational accounting will enable governments to address future issues of equity.     

International labour standards: Challenging globalization ideology?

The article centres on the role of differential labour standards in the restructuring of the global economy. The denial of labour rights in Asia is a significant factor in the Asian investment boom and in the employment crises in the OECD countries. The first section outlines the Clinton administration's intervention on labour standards in Asia, the strident reaction from Asian governments and from US business interests, and the administration's rapid retreat into ‘constructive engagement’. The second section considers neo‐liberal arguments advanced in favour of nonintervention in the labour sphere since the freeing up of trade and market forces generates economic growth, which in itself improves labour standards. The assumptions underlying this model are critiqued. Finally, alternatives that recognize the significant influence of labour standards on global investment flows are identified. Here it is argued that the emergence of independent unionism in Asia could have a significant effect on the structure of the the global economy in the longer term.     

New social movement politics in France: The rise of civic forms of Mobilisation

The term ‘new social movement’ (NSM) tends to be broadly used by scholars to denote all recently formed non‐traditional types of social movement. Yet, the forms of social movement which have emerged in France over the past decade (anti‐racist movement, solidarity movement, Aids advocacy groups) differ from earlier NSMs in important ways. The most salient feature of these movements is their strong civic dimension. Their principal role is to defend and advance the social and political rights of certain groups in society. This article examines key social movements in contemporary France and suggests that ‘new citizenship ‘ may be a more accurate concept for describing the role which these movements play within the French political system.     

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.     

Heterosexuality and Race in the Australian Same-Sex Marriage Postal Survey

ABSTRACT

This article argues that race and class are central aspects of sexual citizenship in a Australia. It does so by investigating representations of heterosexuality that were produced and circulated during the 2017 same-sex marriage postal survey. Engaging with feminist and critical race theorists, we position same-sex marriage as not exceptional but part of a wider distribution of sexual citizenship within Australia's ongoing settler colonial history. We do so by introducing a number of illustrative examples of representations of heterosexuality produced during the survey. These representations reveal how same-sex marriage perpetuated heterosexual authority by asserting claims to authenticity and the occupation of space. We observe how heterosexuality in the survey material reproduced fantasies linking these three themes, for example, in an authentic white heterosexual family who speaks from their suburban backyard. It reveals that ceding to a bifurcated view of either progressive or conservative voices forestalls rather than advances other visions which may exceed the limited imaginings of sexual citizenship offered by the white liberal settler colonial state.