Of War and Law

Netherlands International Law Review -     

Negotiation, Power in Conciliation, and Review of Compensation Claims

Workers Compensation claims are not interpersonal disputes. Almost always they are disputes between individuals and corporations. Compensation insurers are "repeat players" in the system. Workers are often "one–shotters" who have little or infrequent contact with the system. Power inequality between the worker, employer, insurer, and those who are required to facilitate negotiations and resolve and settle disputes under compensation legislation are matters of considerable importance. This paper examines the effects of the implementation, in 1993, of informal dispute resolution processes in the Western Australian workers compensation system under the Workers Compensation and Rehabilitation Act 1981(WA), which excluded lawyers from the process. It argues that preexisting power imbalances have been aggravated by these procedural changes, and in particular, by the exclusion of legal practitioners from the dispute resolution process. The issues raised herein have general application to most workers compensation systems.     

Drug culture expertise and substance use

This study concerns the relationship between knowledge of drug culture and substance use. Results from a sample of 2,635 middle and high school students indicate that (1) knowledge of drug culture is positively correlated with substance use; (2) drug knowledge is more reliable and coherent in older youth; (3) drug knowledge is unrelated to other kinds of knowledge acquired in school; (4) youth exposed to peers' substance use in school have more drug knowledge; and (5) the earlier young people begin using drugs and alcohol, the more they know about the drug culture. Results suggest that knowledge of the drug culture may be an unobtrusive indicator of substance use problems.This project was made possible by a grant from the Tulsa Psychiatric Center, Tulsa, Oklahoma.Received Ph.D. from University of California at Berkeley in personality psychology. Research interests include school dropouts, substance use, delinquency, identity, narcissism, and health. To whom correspondence should be addressed.Received Ph.D. from University of California at Berkeley in personality psychology. Research interests include school dropouts, substance use, delinquency, personal commitments, identity, narcissism, and health.Received Ph.D. from University of California at Berkeley in personality psychology. Research interests include moral development and personality.     

Do legislators' votes reflect constituency preference? A simple way to evaluate the Senate

U.S. senators frequently vote against the preference of their constituency, assuming that such a preference exists. Both of a state's senators represent the same constituency. Whenever they split their votes, one or the other is necessarily going against the constituency preference. For the sample of defense-related votes analyzed above, misrepresentation — either observable vote splitting or unobservable vote matches that go against the constituency preference — occurred at least 37 percent of the time, at least 46 percent on one vote. Although party differences accounted for more than two-thirds of the vote splitting, a substantial number of splits remained. Besides, a party difference for a state's senatorial pair is itself problematical.The method employed here can be applied easily to any data whatever on senatorial voting. Its application will show that, quite often, many senators depart from constituency preference. This finding refutes the hypothesis, popular in certain circles, that ours is a more or less perfect political market with little or no scope for ideologically driven voting by legislators.