Detailing Judicial Difference

In January 2004 Baroness Brenda Hale became the first woman to sit on the Appellate Committee of the House of Lords. Five years on, she has brought to her judicial role a lightness of touch that belies her increasingly significant impact on the court’s jurisprudence. Early forecasts that she would be “just a bit different” from her male companions have proved prophetic. However such assessments have stemmed primarily from a focus on her decision-making on a case-by-case basis. But what of her jurisprudence as a whole? This paper considers arguments for a more sustained and coherent methodological approach to analyses of Baroness Hale’s (and other judges’) jurisprudence as a framework through which to better understand and explore the potential of judicial difference and to better inform current debates about increasing judicial diversity in England and Wales.     

Physiological and Behavioral Engagement in Social Contexts as Predictors of Adolescent Depressive Symptoms

Depressive symptoms are considered to have evolutionary social functions to reduce social risks with peers and family members. However, social processes and their relationship to depressive symptoms have been understudied in adolescent boys. Low engagement in social contexts may predict depressive symptoms in adolescent boys, as it may signify efforts to reduce social risks. To address these issues, this study focused on 160 boys at risk for affective problems based on low socioeconomic status. We evaluated how behavioral and physiological engagement in peer and family contexts, respectively, in late childhood predicted depressive symptoms at age 12 and age 15. Social withdrawal was measured across late childhood (ages 9–12) in a camp setting using a latent variable of teacher ratings of withdrawn behavior, peer nominations of withdrawn behavior, and camp counselor ratings of withdrawn behavior. Physiological reactivity was measured during a provocative parent–child conversation using respiratory sinus arrhythmia (RSA) at age 12. Social withdrawal in late childhood predicted depressive symptoms at age 12. The combination of high levels of social withdrawal with peers from ages 9–12 and low RSA reactivity with a parent at age 12 predicted higher depressive symptoms at age 15. Withdrawal in multiple social contexts may place boys at risk for depressive symptoms during the vulnerable period of adolescence.     

What a difference difference makes: gendered harms and judicial diversity

Taking the UK Ministry of Justice's ongoing quest to ensure a more diverse judiciary as its starting point and backdrop, this paper establishes the House of Lords' decision in Secretary of State for the Home Department v. K (FC); Fornah (FC) v. Secretary of State for the Home Department [2006] as a lens through which to explore the ‘difference’ of the woman judge and, in particular, the developing jurisprudence of Baroness Hale—the first (and only) female law lord in the UK. It argues that Baroness Hale's candid recognition and articulation of the gendered nature of the experiences and violence in Fornah's story reveals not only the difference difference (in whatever form) might make to understandings of the judge, judging and justice but also the importance of recognising the transformative potential of judicial diversity to create a space in which difference is celebrated and valued on its own terms, a place where difference can truly make a difference.     

Institutional Vulnerablity and Opportunity: Immigration and America's "War on Terror"

New legal realism focuses on the complexity of individual action and the view of law from the "bottom-up." Neoinstitutionalism also suggests that rational-actor models are too simplistic, but spotlights enduring historical effects on individual action and thus tends to view the world from the "top-down." In this article, we seek to marry the two disparate approaches by centering on moments of institutional vulnerability and opportunity when a system can change or be redefined. The terrorist attacks on September 11 provided a unique opportunity for institutional change. Policymakers seized this opportunity to introduce reforms into American immigration law that fundamentally altered how that law is administered. The implications of these legal reforms were to group many migrants into the category of potential "terrorist" and to make it increasingly difficult for any migrant to claim "victim" status. Immigrants responded to these reforms by refraining from public criticism of the United States and by becoming American citizens. We discuss the potential implications of those actions on the institution of citizenship .     

Re-centralizing subsidiarity: Interpretations by the Italian Constitutional Court

Subsidiarity has become one of the key principles of European Union law since its introduction in the Treaty of Maastricht, but in recent years other federal or decentralized systems have cemented this principle into their constitutions: one example is Italy, where subsidiarity was encapsulated in art. 118 of the constitution as amended in 2001. This article surveys some of the contributions coming from Italian constitutionalism and adds to the debate on subsidiarity, especially with regards to the stimulating, yet controversial, interpretation of the principle offered by the Italian constitutional court, which permeated it with a “centralist” essence. The article explores how subsidiarity is construed beyond EU law and argues that, while revealing all the elasticity of this principle, the interpretation offered by the Italian constitutional judges presents some risky consequences.     

Umweltschutz in den Verfassungen der EU-Mitgliedstaaten

Angesichts der jüngst zu beobachtenden Dynamik im mitgliedstaatlichen Umweltverfassungsrecht enth?lt der folgende Beitrag in Anknüpfung an die Untersuchung von Thym (NuR 2000, 557 ff.) sowohl eine erforderliche Aktualisierung – insbesondere im Hinblick auf die umfassende Inkorporierung des Umweltschutzes in die franz?sische Verfassung im Jahre 2005 sowie die Erweiterung der EU im Jahre 2004 – als auch eine zukunftsorientierte Analyse des Verfassungsvergleichs mit Blick auf die Normierung des Umweltschutzes in der „Charta der Grundrechte der Europ?ischen Union (GRC)“