State Constitutions, Freedom of Expression, and Search and Seizure: Prospects for State Court Reincarnation

This article examines the decisions of ten state high courtsin the areas of access to private property for expressive purposesand exclusion of the fruits of illegal searches and seizures.The analysis centers on two questions. First, are some statesrelying on their own constitutions to resolve individual rightsissues while other continue to follow the United States SupremeCourts interpretation of the federal Constitution? Second, havethe states that do rely on their own constitutions to resolveindividual rights issues developed an independently based stateconstitutional jurisprudence, or have they simply attemptedto circumvent decisions of the Burger Court? The authors findlittle evidence that the state high courts examined here havebegun, as yet, to develop an independent approach to state constitutionalanalysis.     

Criminal Justice System Involvement Among Homeless Adults

This study characterized the specific offenses for which homeless individuals are arrested and incarcerated. Data were gathered from 581 homeless adults across 6 Oklahoma City shelters. Participants were asked to self-report incarceration history, nights spent in jails and prisons, and the offenses for which they were arrested. Overall, 76% of the sample had ever been arrested. Fifty-seven percent of the sample had been to jail more than 3 times in their lifetime and 13% had ever intentionally been arrested. The most prevalent type of arrest was drug possession (35%), followed by driving under the influence (31%) and disorderly conduct or public drunkenness (28%). Violent arrests, such as assault, robbery, domestic violence, murder, and rape, were the least prevalent type of arrest. In summary, offenses were largely drug and status offenses. These offenses may be prevented through increased substance use treatment accessibility and availability of housing. Policies to increase employment and housing for homeless adults regardless of criminal history should be expanded to reduce the occurrence of justice involvement.     

Physiological Self-Regulation Buffers the Relationship between Impulsivity and Externalizing Behaviors among Nonclinical Adolescents

Trait impulsivity is a risk factor for rule breaking and aggressive (externalizing) behaviors among nonclinical youth. Buffers of trait-based risk are of practical interest to preventing externalizing behaviors. One such buffer may be the capacity and efforts of a child to self-regulate their physiology. Youth who possess baseline physiological self-regulatory capacities are more likely to maintain adaptive engagement with their environment and may be less prone to impulsively rule break or be aggressive. Similarly, youth who are able to use self-regulatory skills to calm their physiology in times of stress may be less likely to externalize distress. This study examined self-regulatory capacity and efforts as a moderator of the relationship between trait impulsivity and externalizing behaviors, cross-sectionally and prospectively. We hypothesized that the effect of trait impulsivity on externalizing behaviors would depend on the presence of baseline self-regulatory capacity and/or self-regulatory efforts during stress. Participants were 134 nonclinical adolescents (M_age?=?12.59, SD?=?1.20 51.9% female, 71% Caucasian). Trait impulsivity was measured using a parental report questionnaire. Physiological self-regulatory capacity and efforts were measured through collection of electrocardiogram data during a resting baseline and a stressful, unsolvable anagram task, respectively. Physiological self-regulation was quantified by calculating respiratory sinus arrhythmia scores across baseline and stress tasks. Respiratory sinus arrhythmia is the change in heart rate across the breathing cycle, and is hypothesized to index physiological self-regulation capacity and efforts under specific conditions. The results indicated that physiological self-regulation capacity, but not efforts, moderated the effect of trait impulsivity on externalizing behaviors prospectively. Stronger physiological self-regulatory capacity buffered the effect of greater trait impulsivity. Implications of these findings among typically developing youth are discussed.     

Reflections on a Funhouse Mirror—Racist Violence,the Protection of Privilege,and the Limits of Tolerance

Jeannine Bell's Hate Thy Neighbor: Move In Violence and the Persistence of Racial Segregation in American Housing provides an account of racist violence as a tool for maintaining housing segregation that challenges perceptions of rising tolerance and demonstrates the importance of understanding racism as a structural feature of social organization. Bell shows how some perpetrators of move in violence deploy claims about “property values” as a defense against charges of racism. The use of such claims starkly illustrates how colorblind racism allows assertions of racial privilege to resonate as neutral articulations of rational self‐interest. The desire to defend racial privileges persists as a significant practical barrier to racial equality even when tolerance increases.     

The effects of tougher enforcement on the job prospects of recent Latin American immigrants

Attempts to enforce immigration laws in the U.S. interior have proliferated in recent years, yet the effects of these laws on immigrants are largely unknown. This paper examines whether increases in immigration‐related law enforcement since 2001 have adversely affected the labor market outcomes of low‐education male immigrants from Latin America, a group that comprises the bulk of undocumented workers in the U.S. The crackdown on the use of fraudulent Social Security numbers, increased requirements for government‐issued identification, and other changes associated with greater focus on national security likely lowered the demand for undocumented foreign‐born workers in the years following the 9/11 terrorist attacks. Using Current Population Survey data and a difference‐in‐differences estimation technique, we find strong evidence of worse labor market outcomes among recent Latin American immigrants in the post‐9/11 period relative to natives and prior Latin American immigrants. The results indicate a decline in employment, hours worked, and earnings among recent male Latin American immigrants relative to similarly low‐skilled black and Hispanic natives and vis‐à‐vis Latin American immigrants who have been in the U.S. longer. Our findings are consistent with firms increasingly substituting legal workers for undocumented labor in the years following 9/11. © 2009 by the Association for Public Policy Analysis and Management.