Catalog: Digital Commons at Pace - New Repository Articles
"I Am Opposed to This Procedure": How Kafka's In the Penal Colony Illuminates the Current Debate About Solitary Confinement and Oversight of American Prisons
This is the 100th anniversary of Franz Kafka's In the Penal Colony. The story brilliantly imagines a gruesome killing machine at the epicenter of a mythical prison's operations. The torture caused by this apparatus comes to an end only after the “Traveler,” an outsider invited to the penal colony by the new leader of the prison, condemns it. In the unfolding of the tale, Kafka vividly portrays how, even with the best of intentions, the mental and physical well-being of inmates will be jeopardized when total control is given to people who run the prisons with no independent oversight.
At the core of America's vast prison system is the pervasive practice of solitary confinement, a practice that in many ways is analogous to the penal colony machine. Like the machine, it inflicts great psychological and often physical pain on people subjected to it. It, like the machine, is used to punish people for trivial offenses without due process. Like the machine, it is seen as essential to the operation of this closed prison system. Many of the new leaders of American prisons want to reform solitary confinement practices, but like the new Commandant in Kafka's tale, without oversight, these leaders operate in the dark, unable to effectuate meaningful change by themselves.
Kafka knew what he was talking about. The historic record, reviewed in this Article, demonstrates that Kafka had a notable legal career as an attorney at the Workers' Accident Insurance Institute for the Kingdom of Bohemia in Prague. In that job he worked on behalf of industrial workers to open closed worksites to oversight, thereby improving worker safety and preventing needless accidents. These experiences gave Kafka a realistic understanding of what can happen in closed, unregulated institutions such as prisons.
Despite the relevance of In the Penal Colony, Kafka's voice has not yet been heard in this debate. This Article is intended to fill that void and to reveal how Kafka's profound insights, so artfully crafted in the powerfully beautiful prose of In the Penal Colony, help us understand why we must open prison doors to outside scrutiny and put an end to the gruesome practice that is solitary confinement.
The New York Court of Appeals Visits (and Then Revisits) the Preclusive Impact of Administrative Findings of Fact in Subsequent State Court Actions
The Court of Appeals decision in Auqui v. Seven Thirty One Limited Partnership, 3 N.E.3d 682 (N.Y. 2013), recognizes that administrative proceedings which take the form of “quasi-judicial” determinations may sometimes be given preclusive impact in subsequent judicial proceedings provided that the identity of issue and full and fair opportunity requirements of collateral estoppel or issue preclusion are satisfied. The decision also recognizes that administrative determinations made without the benefit of rules of evidence, pre-trial disclosure and motion practice should be given very limited affect in subsequent judicial proceedings. The fact that the Empire State’s highest court unanimously reversed itself within one year is a reminder of how confusing the doctrines of res judicata and collateral estoppel are to the bench and bar of New York.
Correctional Education: Society Essential for Progressive Growth or a Detrimental Use of Taxpayers Money?
Nascent Spirit of New York or Ghost of Arms Control Past?: The Normative Implications of the Arms Trade Treaty for Global Policymaking
Does the 2013 United Nations (UN) Arms Trade Treaty (ATT) represent what Costa Rica's UN Ambassador called a nascent ‘Spirit of New York’ – a change in the rules of the arms control game in favor of humanitarianism and human rights? Or does it represent business as usual – the ghost of Arms Control past? We are convinced by neither the messianic claims of the ATT's most overheated boosters nor the doom-saying of its most ardent detractors. Rather we argue here that in both the ATT negotiation process and the treaty text, ‘norm entrepreneurs’ like NGOs, Middle Powers and small states have created space for global policy making based on humanitarian and human rights considerations. However, the negotiation and treaty also represent a melding of this ‘maximalist’ human security–civil society approach with UN General Assembly concerns about small arms proliferation and the ‘minimalist’ strategic and commercial interests of the major arms exporters. This hybrid pathway to the treaty's adoption offers possibilities for future global policy making on disarmament and arms control as well as other humanitarian issues.
Nonprofit organizations rely upon volunteers to facilitate their missions of meeting critical community needs. Since 2006, on average, 61.9 million Americans or 26.4 percent of the adult population volunteered every year through organizations delivering 8.1 billion hours of service worth approximately $162 billion to America’s communities (Bureau of Labor Statistics 2012; Corporation for National and Community Service 2010). Most recent data released by The Bureau of Labor in 2013 further suggest between September 2011 and September 2012 approximately 64.5 million people volunteered via an organization at least once. In light of high unemployment, donor fatigue, and slow economic growth, it is also anticipated that nonprofit reliance on volunteers will continue to increase (Salamon and Spence 2009). As cautioned by Doherty and Mayer (2003) when revenue sources are compromised as a result of an ailing economy, continued devolution, and severe budget cuts at all levels of government, nonprofits will increasingly be compelled to cope in new ways to achieve their missions. Therefore, as nonprofit organizations continue to face compromised revenue sources due to severe federal funding cuts and reduced donor support, managers will be compelled more than ever before to utilize their volunteers with fewer resources. However, the words of Lipsky and Smith (1989/90) and again by Brudney and Duncombe (1992) still ring true today: volunteers are not free, nor are nonprofit managers always equipped to make the most of their volunteers (Urban Institute 2004; Yanay and Yanay 2008). Furthering the findings of prior research (Levine and D’Agostino 2012), the purpose of this study is to identify the specific practices that emerge among volunteer managers in human service organizations during challenging economic times. Given that volunteer management encompasses a range of complex activities, such as recruiting, coordinating, leading, supporting, administering and organizing volunteers as well as strategic oversight and management of volunteer programs this study introduces complexity theory as a lens for understanding volunteer management capacity during challenging economic times. Although business (Curley 2012) and legal studies (Hornstein 2005) have utilized complexity as a guiding theory, the framework used in this study is a unique and important contribution to the nonprofit volunteer management literature. This study incorporates complexity theory as a means to frame a model of volunteer management that offers nonprofit chief executives, managers and funders a new perspective on how to successfully cope with volunteers and strengthen capacity during these challenging times. First, literature reviewing nonprofit and volunteer management capacity building is examined. The paper then introduces complexity theory as a basis for understanding volunteer management capacity. We then proceed with the methods section and discussion of key findings. We conclude with study limitations and areas for future research.
Parenting Stress in the Dyad: Associations Among Parenting Stress, Parent Role Perceptions, Infant Temperament, and Mother-Infant Emotional Availability
The current study investigated the relationships among parenting stress, quality of mother-infant interactions, infant temperament, and parent role perceptions. The study further examined the moderating role of parenting stress. A sample of 35 mother-infant dyads participated in the current study. Parenting stress was measured using the Parenting Stress Index (Abidin, 1995), infant temperament was assessed using the Infant Behavior Questionnaire, Revised (Gartstein & Rothbart, 2003), and parent role perceptions were measured using the Parent Behavior Importance Questionnaire (PBIQ-R) and the Frequency Questionnaire (PBFQ; Mowder, 2005). Quality of mother-infant interactions was assessed and coded utilizing the Emotional Availability Scales, 4th Edition (EAS; Biringen, 2008). Mother-infant pairs participated in a 20-minute free play session that was videotaped and coded using the EAS. Components of parenting stress were observed to be significantly correlated with EA Sensitivity, EA Non-hostility, and EA Child Responsiveness. Parenting stress was found to be significantly correlated with negative behaviors of infant temperament. Furthermore, overall and component parts of parenting stress demonstrated significant correlations with parent role perceptions. Results found a significant interaction effect between parenting stress and parent role perceptions in predicting EA Sensitivity; however, these findings were contrary to hypotheses. Higher levels of total parenting stress strengthened the observed significant relationship between positive parent role perceptions and EA Sensitivity. Implications of the current study and future areas of research are discussed. ^ Keywords: mother-infant interactions, parenting stress, emotional availability, infant temperament, maternal perceptions^
Responding to Challenge: Comparing Nonprofit Programmes and Pedagogy at Universities in the United Kingdom, Spain, and the United States
As the public sectors of many countries come to terms with the implications of major challenges, from reduced budgets and changes in the nature of public-sector employment, it is appropriate to reflect on the nature of nonprofit education and consider it in the context of management and business education in the public and private sectors. Until now, published research on nonprofit programmes in higher education has typically been focused on individual countries or types of programmes. This paper reviews the background of management education and compares university-level nonprofit education in the United Kingdom, Spain and the United States. We find that the number and types of academic programmes off ered are aligned with both the size of the sector and the sector function in each country
Prominent social entrepreneurship centers and programs in North America, Europe, and Asia are examined in terms of their position in the institutional structure, initial and additional funding, teaching initiatives, research achievements, and outreach activities. We computed performance by using a transparent coding scheme. Low correlations with institutional endowment and social entrepreneurship center/program performance offer evidence of discriminant validity of our ranking approach. Performance scores were used to rank-order social entrepreneurship centers/programs. Such an approach to examine social entrepreneurship center/program performance goes beyond the perception-based ranking instruments that popular magazines employ to evaluate subject-specific rankings. We examined data from 28 centers/programs and, in addition to an unweighted approach to ranking, we computed regression-weighted ranking of these centers/programs. The ranking instrument has strong discriminant validity and moderate inter-item reliability. With quickly growing numbers of centers/programs and associated faculty, additional attention and evaluation may be needed for related activities including role modeling, student mentoring by practitioners, and resultant social ventures. Implications for social entrepreneurship centers/programs, social entrepreneurs, social entrepreneurship scholars, and funders are discussed.
The ‘third sector’ in the United States is unique, including numerous types of organizations ranging from social enterprises, charities, and nonprofits. The history and evolution of the term social entrepreneurship has of course influence the types of enterprises included under this umbrella. In this chapter, we explore the role of social entrepreneurship in the U.S., its related impacts, both social and economic, and gauge its role in U.S. society and as a job creator. Finally, we examine the resiliency associated with the nonprofit sector and its hybrid organizations with close focus on their performance during the Great Recession, a period of time that saw growth in these organizations whilst the for-profit sector suffered.
What makes some entrepreneurs persist in their venture efforts while others quit? Self-efficacy has robustly been found to drive persistence, yet recent work suggests that affect, in particular entrepreneurial passion, may also enhance persistence. We empirically examine the possibility that the long-standing relationship between self-efficacy and persistence might be mediated by entrepreneurial passion. Using data from 129 entrepreneurs, we find that the self-efficacy to persistence relationship is mediated by passion for inventing and for founding but not by passion for developing firms. The passion of entrepreneurs appears to help explain the relationship between entrepreneurial self-efficacy and sustained entrepreneurial action.
Much attention has been paid to China’s determination to exert its influence over the East and South China seas using both political and military power. The final few weeks of 2013 saw a rapid deterioration of the diplomatic goodwill that China had built with its maritime neighbours over the past several decades, threatening regional stability and risking an arms race with the U.S., Japan, and Southeast Asia. This article draws on some snapshots of the latest sovereignty disputes in the East and South China seas and the bilateral ties across the Taiwan Strait to discuss the continuities and breakpoints in China’s strategic outreach in a multipolar world. It argues that the ability of China to pursue security interests in its maritime frontiers is largely contingent upon many circumstantial factors.
Along with other affective and emotional dimensions, passion is at the heart of entrepreneurship. Yet past research on entrepreneurial passion (EP) has been hindered by the lack of a sound measurement instrument. Through a series of empirical studies conducted with samples from relevant populations, we develop and validate an instrument to capture EP and its inherent dimensions. We show that the task-specific dimensions of EP (intense positive feelings toward the domains of inventing, founding and developing, and the centrality of these domains to entrepreneurs' self-identity) are conceptually and empirically distinct from one another, and from other emotions and cognitions known to play a role in entrepreneurship. Our theory and results indicate that proper measurement of entrepreneurial passion incorporates the interaction between entrepreneurs' feelings and identity centrality for each domain. We discuss the implications of our model, instrument and findings for future research on the affective components of innovation and entrepreneurship. We also develop specific guidelines for using our validated instrument in future research.
This study examines the role of passion among entrepreneurs. In particular, the authors integrate identity theory with the literature surrounding passion to investigate the possible pathways through which entrepreneurial identities might influence passion, as well as the relationship between entrepreneurs’ passion and behavior. Structural equation modeling of responses from 221 entrepreneurs suggests that passion rises and falls in connection with entrepreneurial identity centrality and, furthermore, that passion is associated with individual entrepreneurial behavior and entrepreneurial self-efficacy. This research provides a starting point for investigating the factors that may impact the development of entrepreneurs’ passion as well as the specific mechanisms through which passion energizes entrepreneurial action.
This paper develops and tests a theory of entrepreneurial passion. We draw from the literature on identity theory to investigate the influence of entrepreneurial identities on entrepreneurial passion, as well as the relationship of entrepreneurial passion to behavior. Empirical analyses of responses from 247 entrepreneurs confirm that entrepreneurial passion rises and falls in connection with entrepreneurial identity centrality. Moreover, entrepreneurial passion influences entrepreneurial behavior through multiple pathways involving intrinsic motivation, self-efficacy and positive affect. This research provides new insights into the factors that impact entrepreneurial passion as well as the mechanisms through which that passion stokes the fire of entrepreneurial action.