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31. Traditional Dispute Resolution and Afghanistan's Women

Author:
Sylvana Q. Sinha
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
At least 80% of all disputes in Afghanistan are resolved through traditional dispute resolution (TDR) mechanisms, principally community councils called shuras or jirgas. TDR is therefore impossible to ignore as the primary justice institution in the country. Still, most women's groups in Afghanistan tend to oppose international donor or Afghan government support for TDR because they generally exclude women from participation and are known to issue decisions that violate women's rights. In the spring of 2011, the U.S. Institute of Peace in Kabul hosted meetings to examine the broader question of how women can gain greater access to justice. The outcome of the conversations was a more nuanced view of TDR and women in Afghanistan and a recognition that creative engagement rather than condemnation is a more productive approach to resolving deficiencies in women's rights in TDR venues.
Topic:
Conflict Resolution, Gender Issues, Human Rights, Foreign Aid, and Law
Political Geography:
Afghanistan, United States, and Asia

32. Habeas Works: Federal Courts' Proven Capacity to Handle Guantánamo Cases

Publication Date:
06-2010
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
Habeas is working. The judges of the U.S. District Court for the District of Columbia have ably responded to the Supreme Court's call to review the detention of individuals at Guantánamo Bay, Cuba. As former federal judges, many of us expressed our confidence as amici in Boumediene v. Bush that courts are competent to resolve these cases. We write now to affirm that our confidence has been vindicated. While we take no position on particular cases, a review of the District Court's treatment of the Guantánamo litigation convinces us that the court has effectively developed a consistent, coherent, and stable jurisprudence.
Topic:
Human Rights, Terrorism, War, and Law
Political Geography:
United States and Cuba

33. Turkey, Israel and the US in the Wake of the Gaza Flotilla Crisis

Author:
Taha Özhan
Publication Date:
07-2010
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
Palestinians in Gaza have suffered under an illegal siege—first imposed by Israel in 2005 and strictly enforced since early 2009—which Amnesty International has called “a flagrant violation of international law.” Hundreds of civilians, the representatives from dozens of countries, attempted to deliver much-needed material to the Gazan people by the Gaza flotilla. The passengers on board—including elected officials, diplomats, media professionals, and other human rights workers—joined the flotilla as an act of civil disobedience and because they believe there is no decent justification for preventing shipments of humanitarian aid from reaching people in crisis. Israeli military launched a nighttime assault with heavily armed soldiers who shot and killed nine civilians and seriously injured dozens more. What happened to the flotilla is happening to the people of Gaza on a daily basis. It will not stop until international law is applied to all countries, Israel included.
Topic:
Humanitarian Aid and Law
Political Geography:
United States, Turkey, Israel, Palestine, and Gaza

34. Whistleblowing: an effective tool in the fight against corruption

Publication Date:
01-2010
Content Type:
Policy Brief
Institution:
Transparency International
Abstract:
Whistleblowing is increasingly recognised as an important tool in the prevention and detection of corruption and other malpractice. By disclosing wrongdoing in an organisation, whistleblowers can avert harm, protect human rights, help to save lives and safeguard the rule of law. The clandestine nature of corrupt behaviour means that it may never come to light unless cases are reported by people who discover them in the course of their work. But reporting can come at a high price: whistleblowers often expose themselves to great personal risks in order to protect the public interest. As a result of speaking out, they may lose their jobs, dampen their career prospects, and even put their own lives at risk. To provide a safe alternative to silence, TI recommends policy and legal measures to provide: Effective legal protection of whistleblowers against retaliation with full compensation in case of reprisals; Adequate mechanisms in public, private and not-for-profit organisations to ensure that disclosures are properly handled and thoroughly investigated; Public research, data collection, information and training to inform about the public benefit of whistleblowing.
Topic:
Civil Society, Corruption, Crime, Human Rights, and Law
Political Geography:
United States

35. The Role of Penal Reform in Security Sector Reform

Author:
Megan Bastick
Publication Date:
01-2010
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Penal reform activities have been carried on in Europe and the United States since at least the late eighteenth century. Security sector reform (SSR), a much newer concept, is a governance-driven approach that looks to strengthen the roles of both state and non-state actors to deliver security to individuals and communities. As such, attention to the penal system is important in any comprehensive SSR process. However, much SSR programming overlooks penal elements, and lessons learnt through long experience in penal reform have not been applied to other SSR activities. There is limited discourse between the penal reform community of practice and the wider SSR community.
Topic:
Security, Governance, Law, and Prisons/Penal Systems
Political Geography:
United States and Europe

36. Obama Appointees with Strong Union Ties Could Push National Labor Relations Board in Wrong Direction

Author:
Thomas P. Gies
Publication Date:
04-2010
Content Type:
Policy Brief
Institution:
American Enterprise Institute for Public Policy Research
Abstract:
How might recess appointments to the National Labor Relations Board (NLRB) affect federal labor law? Controversial appointee Craig Becker is known for advocating policies that fall outside the mainstream view of labor laws. Although the views of one member of the NLRB will not automatically translate into dramatic policy changes, concerns that members of the NLRB may rewrite important principles of federal labor laws through litigation are not unfounded. Whether President Barack Obama's NLRB would be able to enact key provisions of the Employee Free Choice Act through litigation rather than congressional action remains to be seen.
Topic:
Labor Issues and Law
Political Geography:
United States

37. Prospects for Implementing the Korea-US Free Trade Agreement

Author:
Jeffrey J. Schott
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
The Korea-US Free Trade Agreement (KORUS FTA) was signed on June 30, 2007. Since then, the Korean National Assembly has vetted the agreement and the pact cleared a major legislative hurdle when the Foreign Affairs and Trade Committee approved it in April 2009; the full assembly has deferred final passage pending comparable action by the US Congress. In the United States, the ratification process has not yet begun; neither President George W. Bush nor President Barack Obama has submitted implementing legislation to Congress.
Topic:
Diplomacy, International Trade and Finance, Bilateral Relations, and Law
Political Geography:
United States, Israel, Asia, and Korea

38. Does Profit-Seeking Rule Out Love? Evidence (or Not) from Economics and Law

Author:
Julie A. Nelson
Publication Date:
09-2010
Content Type:
Working Paper
Institution:
Global Development and Environment Institute at Tufts University
Abstract:
Many believe that firms are driven to maximize profits, and therefore are not allowed to take actions that would benefit their workers, communities, or the environment if these actions would reduce profits even slightly. This essay shows that this belief is supported neither by sound economic evidence and arguments, nor by United States statutory and case law. The roots of this belief are, instead, to be found in a centuries-old desire of economists to make our discipline look like Newtonian physics. Among scholars of law, both misinformation and the use of University of Chicago-style economics have contributed to the belief's popularity. Among scholars and the public alike, the dualistic "love or money" view is appealing because of its simplicity and congruence with cultural gender norms. Reexamining the evidence, rather than adhering to common ideologies, this essay offers an unconventional analysis of corporate behavior and commodification.
Topic:
Economics, Environment, International Trade and Finance, Markets, and Law
Political Geography:
United States and Chicago

39. Reforming Medical Malpractice Liability through Contract

Author:
Michael F. Cannon
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
This paper discusses the medical malpractice "crisis" and the potential of contract liability to reduce overall malpractice costs as well as improve the quality of and access to care. First, the paper describes the current medical malpractice liability "system" and some of the more common reforms offered. It then discusses the economic rationale of allowing patients and providers to agree in advance of treatment on how the patient will be compensated in the event of simple negligence on the part of providers, explaining how contract liability may offer improvements in the areas of costs, patient preferences, the pursuit of more efficient liability rules, and quality of care. The paper then critiques select objections to contract liability – those based on the superior bargaining power of providers, the lack of information available to patients, and possible reductions in quality – and forwards possible limitations on the right to contract that may allay such concerns.
Topic:
Health, Law, and Health Care Policy
Political Geography:
United States

40. The Constitutional History of U.S. Foreign Policy: 222 Years of Tension in the Twilight Zone

Author:
Walter A. McDougall
Publication Date:
09-2010
Content Type:
Book
Institution:
Foreign Policy Research Institute
Abstract:
In 1973, Congress passed the infamous War Powers Resolution (WPR), over Richard Nixon’s veto. It was perhaps the most ambitious Congressional effort to bridle the President since the battle with Andrew Johnson over Reconstruction. The WPR is worth reading—once—then forgetting, because its convoluted, contradictory, and doubtless unconstitutional mix of instructions, restrictions, and ticking clocks has never been honored by any administration or upheld by any court. Presidents Gerald Ford, Jimmy Carter, Ronald Reagan, George H.W. Bush, Bill Clinton, George W. Bush all dispatched U.S. forces into combat situations without paying more than lip service to the WPR. In 1990, following Saddam Hussein’s invasion of Kuwait, President Bush stationed 100,000 personnel in Saudi Arabia. He sought no authorization and, in fact, informed just one member of Congress: Senator Sam Nunn (D., Ga.). When he then prepared Operation Desert Storm to liberate Kuwait, 54 Congressmen led by the chairman of House Armed Services Committee, Berkeley radical Ron Dellums (D., Calif.), filed for an injunction to stop the war. U.S. District Judge Harold H. Greene ran for cover. Noting that 54 fell far short of a majority, he judged the case “not ripe for judicial determination.”
Topic:
Foreign Policy, War, Governance, Law, and Constitution
Political Geography:
United States