“We Are the Visible Proof”: Legitimizing Abortion Regret Misinformation through Activists’ Experiential Knowledge

Since 2010, many abortion policies emerging at the state level have been designed around the idea of “abortion regret,” a scientifically discredited assertion that abortion causes long‐term health problems for women. Studies have examined the legal significance of regret claims in case law as well as the role scientific misinformation and uncertainty play in the policy process. However, scholars have given less attention to the intersection between abortion regret experiences and misinformation. We address this gap in the literature by examining how antiabortion activists' experiential knowledge continues to reinforce and legitimize misinformation contained in state policies. We explore the process of substantiating abortion regret misinformation by attaching it to activists' experiential expertise. Based on twenty‐three interviews with antiabortion activists, we argue that misinformation receives validation through the certainty of experiential knowledge, which activists mobilize around and use as a source of evidence in the policy process.     

Loan Sharks v. Short‐term Lenders: How Do the Law and Regulators Draw the Line?

With the Office of Fair Trading (OFT) having just published its ‘comprehensive review’ of some aspects of the business of short‐term lenders, this article examines the phenomenon of short‐term lenders. It draws on the legal and conceptual changes in the United Kingdom's consumer credit sector that have aided their proliferation. It argues that short‐term lenders in their current form are no different from loan sharks and that the current legal and regulatory framework has failed to provide the required protection for vulnerable credit consumers. It highlights how the United Kingdom's legal approach to consumer protection has been to the detriment of short‐term borrowers.     

Lawyers for God and Neighbor: The Emergence of “Law as a Calling” as a Mobilizing Frame for Christian Lawyers

Drawing on movement framing, collective identity, and mobilization scholarship, this article examines the emergence and potential effects of framing “law as a calling” for the Christian Lawyering community. The article finds that the term should have strong resonance and salience in the broader Christian community. It also finds that because of its interpretive malleability, “law as a calling” has been discussed and actualized in three related, but distinct, ways. That is, “law as a calling” has been conceptualized as requiring Christian Lawyers to turn inward, turn outward by pursuing social justice, and turn outward as a culture warrior. The article argues that while the different interpretations of “law as a calling” address a range of needs required to mobilize potential and existing Christian L/lawyers, the different ideological factions of self‐identifying Christian Lawyers emphasize different understandings of “law as a calling.”     

Measurement and Growth of R&D Within the Service Economy

Twenty-five years ago, industrial performance of research and development (R&D) was primarily an activity undertaken by large traditional manufacturing firms. Only about 3 percent of the R&D conducted in industrial labs was done by service sector firms. By the late 1990s, however, such firms accounted for approximately 30 percent of the Nation's total industrial R&D expenditures, with a fairly large amount of the effort being directed toward the development and use of information technologies. Industry's increasing reliance on research and technology outsourcing also apparently has contributed to the service sector's substantial R&D expansion. This paper documents recent trends in US non-manufacturing R&D expenditures, highlighting their growth and focus and the difficulties in measuring these trends, as available from national R&D statistics. Broad comparisons with trends and concerns identified through other countries' surveys of service sector R&D are presented.     

UNINTENDED CONSEQUENCES OF POLITICALLY POPULAR SENTENCING POLICY: THE HOMICIDE PROMOTING EFFECTS OF “THREE STRIKES” IN U.S. CITIES (1980–1999)*

Research Summary: Using panel data from 188 large cities during 1980–1999, we examined the possible homicide promoting effects of “three‐strikes” laws. Results indicated that cities in states with three‐strikes laws experienced short‐term increases in homicide rates of 13% to 14% and long‐term increases of 16% to 24% compared with cities in states without the laws. Policy Implications: Our results emphasize the fact that rarely are the possible unintended negative consequences of policy directives considered and point to the need for policy makers to consider both intended and unintended consequences of policy directives before the directives are codified.     

“What Rights?” The Construction of Political Claims to American Health Care Entitlements

Despite a growing health care crisis, Americans remain reluctant to treat “health security” as a right or entitlement of citizenship. This article examines the effects of unmet health care needs on the beliefs that individuals hold about family, market, and state responsibility for health security. Drawing on a study of individuals caring for family members with chronic diseases, I find that when imagining solutions to unmet long‐term care needs, individuals evaluate a range of alternative social arrangements, but they select the model that is most consistent with previously existing beliefs about family, market, and state responsibility for care provision. This process of discursive assimilation, of integrating new needs for public provision with more familiar ways of thinking about social welfare, produces claims for entitlements that challenge existing social arrangements but do so within a welfare state framework that conceives of only a minimal role for the state in safeguarding social welfare.     

Medical and Familial Claims to Long‐Term Care: Institutional Gaps and Shifting Jurisdictions

In light of the contemporary long‐term care crisis, Sandra Levitsky's book Caring for Our Own examines why there has been no movement to secure state support for caregivers. Speaking to sociolegal and social movement audiences, Levitsky reveals how lack of collective identity, the power of family‐based ideologies, and the separation of support organizations from political ones help to repress mobilization. In this essay I refract Levitsky's findings through the lens of organizational theory and medical sociology. I argue that the social problem of long‐term care is caught in an institutional gap since it does not readily fall under the purview of either medicine or family. I also discuss the implications of lay caregivers' provision of sophisticated medical care for theories of professional jurisdictions and gatekeeping.     

The “Bestie di Satana” Murders

In recent years, satanic groups have been responsible for various types and degrees of crimes. We report the case of a number of murders committed in Italy by a group of young people calling themselves the “Bestie di Satana”. Forensic psychiatric assessment of the members of a satanic sect charged with the crime revealed that all the young people had a fragile, immature personality, a very low level of education and were socially disadvantaged. The trial of the members of the “Bestie di Satana” sect was concluded with the verdict of deliberate murder, and all the members were given long jail sentences. This report should lead us to explore social and cultural responses to juvenile satanism, statistically shown to be a relatively rare phenomenon but with a high criminal potential.     

ANGRY AGGRESSION AMONG THE “TRULY DISADVANTAGED”*

Violent incidents arising out of trivial conflicts and insults have been explained by subcultural theories of violence, but empirical support for those theories has been lacking. Recent cognitively oriented research on anger and aggression is combined in this analysis with W. Wilson's (1987) arguments about the “truly disadvantaged” to revise those theories. An individual-level theory explains the violent incidents, and an aggregate level theory explains the distribution of those incidents among social groups. A subculture of angry aggression arises under conditions of social isolation, when multiple feedback loops result in concentration effects.     

One Myth of the Classical Natural Law Theory: Reflecting on the “Thin” View of Legal Positivism

Much controversy has emerged on the demarcation between legal positivism and non‐legal positivism with some authors calling for a ban on the ‐as they see it‐ nonsensical labelling of legal philosophical debates. We agree with these critics; simplistic labelling cannot replace the work of sophisticated and sound argumentation. In this paper we do not use the term ‘legal positivism’ as a simplistic label but identify a specific position which we consider to be the most appealing and plausible view on legal positivism. This is the view advocated by Gardner in his paper 'Legal Positivism: 5½ Myths’ (Gardner 2001 , 199), where he carefully scrutinises the most convincing and unifying postulates of legal positivism, which he calls “the thin view”. The study shows that this thin view presupposes an empirical conception of action that is untenable and implausible since it makes acts of engagement with the law unintelligible to an observer of such acts.     

The nexus between science and industry: evidence from faculty inventions

Knowledge transfer from science to industry has been shown to be beneficial for the corporate partner. In order to get a better understanding of the reasons behind these positive effects, this study focuses on the junction of science and industry by comparing characteristics of academic inventions that are transferred to industry and those staying in the public sector. Academic inventions are identified via patent applications of German academic scientists. We find that academic patents assigned to corporations are more likely to enable firms reaping short term rather than, possibly more uncertain, long-run returns, in contrast to patents that stay in the public sector. Firms also strive for academic inventions with a high blocking potential in technology markets. Academic patents issued to corporations appear to reflect less complex inventions as compared to inventions that are patented by the public science sector.     

Privatizing Environmental Resources: The Need for Supervision of Clean Development Mechanism Contracts?

This article argues that a current trend in global sustainable development governance is actively to engage the private sector in participating in the process of implementing global and national policy goals. This trend is based on the notion that the private sector has the ideas, technologies and resources at its disposal that can be channelled to addressing global environmental challenges. This new trend does not, however, take into account the past and present implications of private sector investment in fields such as mining and forestry. Nor does it closely examine how private sector rules will subsequently infiltrate and govern environmental management. On the basis of an examination of current policy developments and contracts in the area of environmental management and their implications for developing countries, this article argues in favour of establishing an authority that oversees the legitimacy and legality of these new contracts, especially in, but not limited to, the area of climate change.     

公安高校校局合作工作机制建设探讨

公安高校与公安机关的长期合作,取决于双方利益平衡点的寻找与把握,而能否使合作产生最大效益,则取决于长期合作中双方逐步探索建立的各种机制。因此,要推动和保障校局合作工作的有效开展,需要建立完善的互利共赢机制、激励机制、约束机制、沟通协调机制及保障机制等。     

Efficient,Fair, and Incomprehensible: How the State “Sells” Its Judiciary

Socio‐legal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply‐side,” perspective. Focusing on the state's efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that state actors often attempt to “sell” centralized courts to potential litigants by insisting that the state's services are more efficient and fair than local courts operating outside direct state control. Moreover, we argue that state actors also invest significant energy in claiming that the local courts are incomprehensible. Thus, in its efforts to introduce and advance centralized courts, the state argues not only that it offers the best version of what the citizenry wants, but also that it is impossible to conceive that people would want something other than what the state offers. We illustrate our argument and explain its significance by examining judicial reform in New York, where there has been a decades‐long effort to displace local justice systems.     

Practical guidelines on incorporating “partnering” within IT agreements for public sector bodies

“Partnership” and “partnering” are two of the most frequently used terms in public sector procurement. They may be used by both customers and suppliers to justify their respective negotiating positions. A supplier may argue that, since the agreement is a “partnership agreement”, there should be no service credits or liquidated damages payable. The customer on the other hand, may argue, on similar grounds, that it wants to benchmark the supplier and have a broad right to audit every aspect of the supplier’s business.But despite being well used phrases, most guidance relating to these concepts does not define how “partnerships” or “partnering” is to work in practice. While most talk of the supplier and the customer working together “in partnership” with common aims, there is little information available as to how this will be incorporated into agreements, particularly in the context of large scale IT procurements.¹ The purpose of this article is to review the available guidance and detail some of the ways in which this guidance can be incorporated into legal agreements.     

State‐Sponsored Homophobia and the Denial of the Right of Assembly in Central and Eastern Europe: The “Boomerang” and the “Ricochet” between European Organizations and Civil Society to Uphold Human Rights

State‐sponsored homophobia emerged in certain Central and Eastern European states in the past decade, with the denial of the right of assembly for gay pride marches. However, more recently there has been progress in the recognition of the fundamental democratic right of assembly. What accounts for this progress in fulfilling commitments enshrined in the European human rights treaties? This article proposes that the response of European organizations, in particular the Council of Europe and the European Union, as well as human rights nongovernmental organizations working in collaboration with local civil society organizations, have been critical to this progress. Previous literature has described a “boomerang” effect, in which aggrieved citizens use transnational activist networks to publicize human rights violations and put pressure on governments to fulfill their international legal commitments. To understand the functioning and effectiveness of the “boomerang” we introduce the concept of the “ricochet”—a process in which various institutions and civil society rapidly exchange information as well as political and legal argumentation. We posit that the ricochet is an integral process in the development of a European consensus on the human rights recognized by the European Court of Human Rights. Four cases have been selected for empirical analysis: Poland, Latvia, Serbia, and Russia. In analyzing the ricochet of information and argumentation between institutions and civil society, we find the consensus has been framed around the right of assembly, instead of the more contested area of human rights and sexual orientation.     

Civic Citizenship Reintroduced? The Long‐Term Residence Directive as a Post‐National Form of Membership

This paper presents how the Long‐Term Residence Directive has created a status that can be considered as a subsidiary form of EU citizenship. This key revolution has been operated by EU law since this status escapes direct control by Member States that are obliged to grant EU long‐term residence and the rights associated with it to third‐country nationals (TCNs) fulfilling the conditions in the Directive. This represents a fundamental development and may be distinguished from the acquisition by TCNs of national/EU citizenship, which constitutes a prerogative of State sovereignty. Indeed, the recent cases by the Court of Justice analysed below confirm this truly post‐national form of membership and have profound implications for the relationship between borders, territory and population in the EU.     

Clinical applications of hair testing for drugs of abuse--the Canadian experience

During the last 2 decades there has been a substantial increase in illicit drug consumption in North America. It has been repeatedly shown that the personal history of drug use is far from being accurate. Fearing legal consequences and embarrassment of admitted illicit substance use, most users tend to deny or, to under-report illicit drug consumption. These facts have stressed an urgent need for a biological marker which does not lose its sensitivity within a few days after the end of exposure and which may yield a cumulative reflection of long term exposure to illicit drugs. Hair analysis has emerged as such a marker. A variety of illicit and medicinal compounds have been shown to be incorporated into hair including trace metals, barbiturates, amphetamines, opiates, phencyclidine, cocaine, nicotine and cannabis. Hair analysis for drugs of abuse provides long-term information on an individual's drug use; its window of detection is limited only by the length of the hair and typically, ranges from a week to several months. After establishing and validating several hair tests during the last decade, we have analyzed over 1000 hair samples for different drugs of abuse. We used RIA for screening and GC-MS for confirmation of positive results. The aim of this report is to illustrate the diagnostic usefulness of hair testing in different age groups (newborns, children, adults) and circumstances: (criminal cases, athletes, child custody cases, etc.).     

The “Golden Age” Senate And Floor Debate in the Antebellum Congress

An image of an antebellum “golden age” of Senate debate and deliberation has passed virtually unblemished from one generation of historians and political analysts to the next. In what ways, if any, is the image of a more deliberative Senate evident in the realities of antebellum House and Senate debates? In this article, I present a series of case studies to examine elements of the quantity and quality of floor debate in each chamber. By providing comparative evidence about House and Senate debate during the antebellum period, I offer an assessment and critique of the bicameral implications of the largely untested “golden age” understanding of the Senate and join other recent efforts to reassess the nature of the early Senate and its relation to the House. My results show the conventional wisdom to be an oversimplification, at least in its implications about the scope and depth of House debates. The House debated as long, and arguably as well, as the Senate on the signal issues of the day.     

Vulnerability as a normative argument for accommodating “justice” within the AFSJ

Vulnerability is a concept that stems from ethics and legal theory. It has progressively gained momentum in international human rights law, in particular in the European contextof the European Court of Human Rights adjudications. Also, the European Union is sensitive to it.By the introduction of competences in the Area of Freedom, Security and Justice (AFSJ) we are witnessing a progressive “vulnerabilisation” of EU law. This article intends in the first place to outline such a problematic notion and then to highlight the normative effects of vulnerability. In particular, this article will put forward the argument that such notion could serve to revamp the profile of “justice” of the AFSJ, which has been neglected so far, calling for the development of a more sophisticated ethics of State duties.