Guest workers or unauthorized immigrants? The case of forest workers in the United States

This study examines regional differences in the legal status of forest workers in the Pacific Northwest and Southeastern United States, using United States Department of Labor data and qualitative fieldwork in Alabama and Oregon. The authors find that there are significantly fewer H-2B guest workers on federal lands in Oregon than on privately owned forest plantations in Alabama, and the Southeast more generally. By contrast, numerous workers on federal lands in Oregon are undocumented. This difference may largely be explained by variations in the economies of scale in forest work in the Pacific Northwest (federal lands) and the Southeast (mainly private lands). The study also finds that there is no real difference in the working conditions of undocumented immigrants and guest workers—both groups face labor exploitation. Guest workers in the forest industry, many of whom have no previous work experience or access to social networks in the United States, face extreme isolation at worksites, are beholden to contractors, fear losing their jobs if they complain, and are generally unaware of their basic rights. By contrast, many undocumented forest workers in Oregon belong to established social networks through which they are recruited onto forest labor crews. However, unauthorized workers are also vulnerable to labor exploitation because they fear deportation and are obliged to their kin-employers. Policy recommendations to improve labor conditions and enforce existing labor laws for all forest workers include: better tracking of workers across states to monitor labor abuses, allocating more resources to state labor departments to facilitate worker outreach and worksite inspections, and better communication among land management officials and the Department of Labor.

New Public Management and Public Sector Reform in Victoria and New Zealand: Policy Transfer,Elite Networks and Legislative Copying*

In the early 1990s, Victoria reformed its state sector along New Public Management (NPM) lines. Drawing on interviews with key policy‐makers of the time, including chief executives, ministers and key officials from both jurisdictions, and using archival material and secondary sources, this article shows that New Zealand developments were a key source for Victoria's reforms — even down to seemingly copying passages of legislation. Policy transfer took place within a supporting framework of an Anglo‐American diffusion of NPM rhetoric and neoliberal ideas. But New Zealand's experiences gave content, form and legitimation to Victoria's reforms, while providing a platform and experience for learning and divergence, and a group of transferable experts. We underline the importance of the Australia‐New Zealand relationship and trans‐Tasman elite networks in understanding the governance of both countries.     

A Shift in Focus: Systematisation in European Private Law through EU Law

The discourse on the Europeanisation of private law appears gradually to be moving into new territory in which the central debate on convergence of private laws in Europe makes place for structural questions on private law development in a multi‐level European legal order. With the realisation that private law is and will remain complementary regulated at EU level and in national laws, a re‐orientation is called for that, in the words of Micklitz, ‘allows one to determine which norms shall be elaborated and enforced at what level and by whom’. This article accepts that such a re‐orientation is needed in relation to substance, process, instruments and enforcement; a more fundamental question needs to be addressed, however, in order to ensure coherence in the development of private law in Europe. As can be gleaned from existing practice in EU consumer law, competition law, and financial market regulation, a deeply engrained tension between market integration and protectionist policies in Community law has resulted in incoherent regulation at EU level, which filters through into national legal systems. This puts at risk fundamental values of private law, such as certainty and fairness. A solution for this is proposed by shifting the focus from national private laws to the political and doctrinal structure of EU private law, and the normative framework it provides. General principles of EU private law, it is argued, could and should provide a counterweight to the problem of conflicting policies and set out a guideline for the future development of European private law.     

The politics of emergency and the demise of the developing state: problems for humanitarian advocacy

This article discusses humanitarian advocacy in the contemporary world within the wider crisis of political vision. Humanitarian advocacy over the past 15 years, drawing attention to how crises have been precipitated by state policies, has sought international intervention to protect people. It has consequently become associated with challenging the national sovereignty of the developing state. The author contends that the weak state is the problem, and suggests that the existing paradigm of humanitarian advocacy helps to legitimise the erosion of equality among sovereign states and the reassertion of international inequalities.     

Variations in Behavior Problems of Preschoolers Exposed to Domestic Violence: The Role of Mothers’ Attunement to Children’s Emotional Experiences

The purpose of this study was to identify aspects of family relationships that may protect young children from the pathogenic effects of family violence. Using a sample of 30 preschool-age children whose mothers were physically abused by a partner, we investigated the associations between children’s externalizing and internalizing behavior problems and: (1) the quality of the mother–child relationship, and (2) mothers’ attunement to their child’s sad and angry emotions. Results indicated that clinician ratings of the mother–child relationship, and mothers’ attunement to their child’s experience of emotion each made a unique contribution to the prediction of children’s externalizing behavior. These relationships remained robust, even after taking the severity of domestic violence reported by mothers into consideration. Maternal attunement, however, did not mediate the relationship between marital conflict and children’s behavior problems. No significant link was found between children’s internalizing behavior and maternal attunement to their children’s sadness and anger. Additional findings suggested that mothers with a PTSD diagnosis tended to be less attuned to their child’s experience of sadness. This investigation was supported by grants from the Irving B. Harris Foundation, the Pinewood Foundation, the Miriam and Peter Haas Foundation, and a REAC Award from the University of California, San Francisco to the second author.     

The impact of state weakness on citizenship a case study of Kyrgyzstan

This article, using contemporary Kyrgyzstan as a case study, examines how state weakness is both reflected and reinforced at the citizens' level. Based upon field research conducted in April and May 2007, we discuss three hypotheses. First, the inability of the state to provide essential goods and services and has deterred citizens' willingness to fulfill their responsibilities such as paying taxes, respecting the laws, and serving in the army. Second, citizens have lost trust in their regime; some directly confront the state by joining demonstrations, strikes, and other protest activities. Finally, state weakness has negatively influenced the feeling of collective membership and reinforced sub-national identities. Declining loyalty is particularly evident among the citizens who have left the country in the prospect of better employment abroad.