Treatment of International Human Rights Violations in the United States

In our day and age, the violation of human rights has become a matter of international concern. This article is focused on the sharing of those concerns by the United States, in particular as manifested by the treatment of human rights violations in the United States. Following introductory observations in Part I highlighting the special commitment of the United States to the protection of international human rights, the article will show, in Part II thereof, that in virtue of Article 6, Clause [2] of the American Constitution (the Supremacy Clause), human rights conventions are in principle self-executing in the United States.1 However, the United States invariably adds a reservation to its instruments of ratification of such conventions proclaiming that they will not be self-executing in the United States. Incorporating the provisions of human rights conventions ratified by the United States into the country’s municipal legal system therefore requires Congressional implementation legislation, which will be exemplified in Part III with reference to the Torture Convention Implementation Act of 1994. Part IV of the article is devoted to the exercise of universal jurisdiction by federal courts, in virtue of Article 1, Section (8), Clause [10] of the Constitution, to bring to justice those responsible for piracies and felonies on the High Seas and offences against the law of nations.2 In the United States, universal jurisdiction of federal courts is not confined to criminal prosecutions but has also been extended by the Alien Tort Statute to civil actions by foreign victims of a tort that constitutes a violation of the law of nations or of a treaty entered into by the United States.3 The treatment of human rights violations under the Alien Tort Statute and similar legislation is the subject-matter of Part V of this article. Some concluding observations to evaluate the above manifestations of the American commitment to human rights, notably in view of considerations based on the national interests of the United States and a perception of American exceptionalism, will bring the article to a close in Part VI thereof.http://dflsc.law.duke.edu/am201

Partnership quality in IT outsourcing: a mixed methods review of its measurement

[Abstract]: There is little doubt that how an IT outsourcing relationship is managed has a significant bearing on the overall success of an outsourcing venture. However, there has been a lack of empirical research with the view to developing a better understanding of the partnership type relationship between the client organisation and outsourcing vendor. This paper reports on the measurement and applicability of partnership quality using a mixed methods approach. The findings confirmed six dimensions of partnership quality which are important in evaluating the quality of a partnership type relationship in IT outsourcing. But findings also show that a partnership type relationship is more likely to exist for small to medium sized organisations

Higher education course content: paper-based, online or hybrid course delivery?

[Abstract]: The emergence of the Internet has made many institutions involved in the delivery of distance education programs re-evaluate the course delivery framework. A variety of models and techniques co-exist in an often uneasy alliance at many such institutions. These range from the traditional distance learning model, which remains paper-based, to the purely online model. Recently, hybrid models have emerged which apparently attempt to forge elements taken from several models into a unified whole. Many of these hybrid models seek to eliminate paper-based materials from the tuition process. While many arguments are put forward about the efficacy of purely electronic delivery mechanisms, cost containment is often the driving motivation. This study explores student perceptions of the various delivery mechanisms for distance learning materials. In particular, it seeks to determine what value students place on paper-based delivery mechanisms. The study surveys a group of undergraduate students and a group of graduate students enrolled in the Faculty of Business at a large regional Australian university

Factors influencing the decision to choose information technology preparatory studies in secondary schools: an exploratory study in regional/rural Australia

[Abstract]: The career paths of students are influenced and shaped by the subject choices that are made in the final years of secondary schooling. This paper presents the findings of an empirical study that identified the key factors influencing the decision of rural / regional Australian students to choose or not choose to study Information Processing and Technology. The findings revealed that career oriented, extrinsic factors play an important role in motivating the selection of I.P.T. at school and, by implication, information technology at university. There are few apparent gender differences but there is limited evidence to suggest that males may be more influenced by extrinsic motivators and females by intrinsic motivators. Although the factors used in the study were initially identified largely via informal processes, they all appear to influence the decision to take I.P.T. The focus on career-related factors and the instrumentality of taking I.P.T. could explain the drop-off in students taking the subject. This has potentially significant implications as regards the future supply of good information technology professional