Monitoring high-risk sex offenders with GPS

In response to media attention and public demand, legislation increasingly mandates more stringent surveillance for sex offenders. This trend towards greater supervision resulted in the lifetime GPS monitoring of high-risk sex offenders (HRSO) in California. This study assesses the impact of the California Department of Corrections and Rehabilitation’s GPS program for HRSOs by employing a quasi-experimental design. The treatment group was drawn from all HRSO who were released from prison and placed on GPS monitoring in California. To identify comparison individuals likely to have pretreatment risk characteristics similar to those in the treatment group, a propensity score matching procedure was performed. The final sample included 516 subjects equally divided between the treatment and control groups. Data was assessed using Cox proportional hazards survival analysis clustering participants by parole district. Results showed the GPS condition was associated with significantly fewer parole registration and arrest violations, arrests, and convictions. These results are discussed in relation to other electronic monitoring research, the policy implications for the increasing use of this technology, and its effectiveness in reducing crime, prison populations, and ensuring public safety.     

Employer remedies for work stoppages that violate no-strike provisions

An employer faced with a work stoppage that violates a contractual no-strike provision has several alternatives: the employer can seek an injunction against the strike, discipline employees involved in the strike, or attempt to recover damages for violations of the collective bargaining agreement. Each of these remedies, however, presents practical problems in terms of employer-employee relations as well as legal questions regarding the extent of relief available. In the following article, the author examines the remedies available to an employer when employees engage in activity that violates a no-strike provision. He also examines the impact of recent cases on an employer's ability to enforce a no-strike pledge.     

Up,Close and Personal: The Discursive Transformation of Judicial Politics in Post-Dutroux Belgium

Ending the influence which politicalparties exercised over judicial appointmentswas a prominent aim of the project of reformingthe Belgian criminal justice system in the1990s. However, focusing on various highprofile scandals affecting public confidence inthe judiciary, this paper questions whether thepolitical nature of the judiciary is capable ofbeing eradicated. Drawing on the work ofChantal Mouffe, this analysis starts with aconsideration of the discursive element inpolitical identity, which is furthercorroborated by the semiotics of Saussure andGreimas. Applying this perspective to theBelgian situation in the 1990s, it is arguedthat a redefinition of politics in terms of an``us/them' divide between citizens andinstitutions took place. In this process,judges were targeted as part of theestablishment and cast as the constitutiveoutside buttressing the collectiveidentification between the media, victims ofcrime and the general public. In explaining theinstitutional gap, individual traits of judgesconstituted a significant focus, as can beshown through the extraordinary visibility ofone judge who courted media attention when hewas tried for sadomasochistic activities in1997.     

The Empire Strikes Back: Press Judges and Communication Advisers in Dutch Courts

Judges in many jurisdictions are today prepared to utilize the media to promote a better public understanding of their role. Understandably, they wish not to be perceived as 'spin doctors' intent on a cynical manipulation of public opinion. Judges' professional reputation, their public image, and public confidence in their role hinge on a belief in their neutrality and impartiality. Court communicators are also aware that their success in the media arena depends on a degree of skill and strategizing to ensure that the integrity and complexity of their message are preserved in media reports. This paper discusses how press judges (judges who also act as media spokesperson) and communication advisers in Dutch courts address this. It is argued that the media liaison function embraced by Dutch courts may be an expansion of law's empire or, at least, a possible attempt by law's empire to strike back against the pressures of an increasingly inquisitive media.     

What Not To Wear: Islamic Dress And School Uniforms

In this appeal the House of Lords held that a school’s refusal to change its school uniform rules to accommodate the religious beliefs of one of its pupils did not constitute an interference with freedom of religion and the right to an education. This note asks whether the House of Lords by framing the issue as a matter of individual choice and informed consent may have underestimated the potential for social harm inflicted by a school’s unwillingness to accommodate certain types of religious beliefs where it has already adapted its school uniform rules for others. R (on the application of SB) v. Governors of Denbigh High School [2006] UKHL 15; [2006] 2 W.L.R. 719; [2006] 1 F.C.R. 613