The impact of after‐school programs on the routine activities of middle‐school students: Results from a randomized,controlled trial*

Research Summary Unsupervised after‐school time for adolescents is a concern for parents and policymakers alike. Evidence linking unsupervised adolescent socializing to problem behavior outcomes heightens this concern among criminologists. Routine activities theory suggests that, when youth peer groups congregate away from adult authority, both opportunity for and motivation to engage in deviant acts increase. After‐school programs are a possible solution to unsupervised teen socializing during afternoon hours and are much in demand. However, empirical research has yet to test the relationship between the availability of after‐school programs and youth routine activities. This study presents evidence from a multisite, randomized, controlled trial of an after‐school program for middle‐school students in an urban school district. Policy Implications Youth in the treatment group engaged in less unsupervised socializing after school than youth in the control group but not as much less as would be expected if the after‐school program was providing consistent supervision to youth who would otherwise be unsupervised. Additional analyses examined why the influence of the after‐school program was not more pronounced. We found that, although program attendance was related to decreases in unsupervised socializing, the program did not attract many delinquency‐prone youths who were unsupervised, which suggests that the students most in need of the program did not benefit. Furthermore, data obtained from a mid‐year activity survey revealed that youth in the study were highly engaged in a variety of after‐school activities. The addition of the after‐school program into the mixture of available activities had little effect on the frequency with which students participated in organized activities after school.     

National Judges,Community Judges: Invitation to a Journey through the Looking‐glass—On the Need for Jurisdictions to Rethink the Inter‐systemic Relations beyond the Hierarchical Principle

The historical conflict between the European Court of Justice (ECJ) and the national constitutional courts regarding primacy is a misunderstanding. In going through the looking‐glass, we can understand that, on the contrary, the ECJ and the national constitutional courts adopt comparable solutions in their treatment of legal pluralism, and that they see the negation of pluralism as essential for the survival of their own legal orders. Therefore, these judges must be offered a new theoretical context to help them reconcile their role as supreme guardian with the taking into account of the pluralist context. Finally, practical proposals must be made to give judges the instruments and techniques that are capable of reflecting this plural structure.     

以社会主义法治理念推进法治城市建设

今年是全面贯彻实施中共中央、国务院批转的“五五”规划和全国人大常委会《关于加强法制宣传教育的决议》的头一年,同时,也是政法队伍广泛开展社会主义法治理念教育活动的一年。辽宁省依法治省领导小组办公室决定,在制定好“五五”法制宣传教育规划工作的基础上,以社会主义法治理念来指导和规范各地的法治城市建设活动,并以此作为全省“五五”法制宣传教育启动工作的突破点。一、建设社会主义法治城市理念的提出在“二五”普法初期,辽宁省委、省政府、省人大在总结了全省各行各业“学法用法”工作经验之后,作出了依法治省的决定。随之而来,…     

Concealed information under stress: A test of the orienting theory in real‐life police interrogations

Purpose. The concealed information test (CIT) is a polygraph test that assesses recognition of critical (e.g., crime) information. Laboratory studies showing stronger heart rate deceleration to concealed compared to control information indicate that the orienting response (OR) accounts for responding in the CIT. An important restriction to these findings is that laboratory circumstances impose little or no stress on the examinees, and that under real‐life stress defensive responding may occur. Method. To examine the validity of the CIT under realistic stress, we analysed the data from 65 card tests conducted during real‐life police polygraph interrogations. Results. Baseline heart rate was higher than that observed in the laboratory, confirming that the situation was stress inducing. As in the laboratory, the concealed cards elicited greater heart rate deceleration compared to the control cards. Conclusions. The data support the OR theory of the CIT under real‐life stress.     

Rights as a Divide‐and‐Rule Mechanism: Lessons from the Case of Palestinians in Israeli Custody

Critics have highlighted the complicity of human rights law in mass disempowerment and domination—a criticism equally applicable to child law. This article investigates this issue, as evidenced by three recent developments that Israel has justified by invoking these legal frameworks: an increased separation of Palestinian adults and children in Israeli custody; the Israeli legal system's growing preoccupation with “rehabilitating” the now‐segregated Palestinian children; and the Israeli authorities' ever‐diminishing interest in such rehabilitation for adult Palestinian prisoners. By canvassing the legal architecture, judicial rationalizations, adverse effects, and sociopolitical context of these developments, this article foregrounds their divide‐and‐rule logic and structure of driving a generational wedge between Palestinians and potentially weakening their political ties, solidarity, and resistance.     

Perceptions of fairness: industry action on the use of material non-public information

Key points

• Fair dealing is critical to trading relationshipsin the financial markets, and the perception of fairness isjust as important as any legal restrictions on the use of materialnon-public information, perhaps more so.
• Major participantsin the global credit markets and the associations that representthem have, in recent years, published a set of principles regardingthe use of material non-public information and the safeguardsthat an active market participant should have in place to protectagainst misuse.
• Ensuring this perception of fairness promotesconfidence in markets and enhances their liquidity and transparency.

  In their article, (see pp 245–259 of this issue of CMLJ)Dr Sharon Brown-Hruska and Robert Zwirb present a persuasiveargument for distinguishing between securities and derivatives,particularly when it comes to the issue of     

The case against the use of polygraph examinations to monitor post‐conviction sex offenders

In this article I caution against the use of polygraph testing in convicted sex‐offenders programs. First, I explain that the prevalent method of polygraph testing, the CQT, suffers from several major flaws and has no scientific basis. These flaws, which characterize all usages of the CQT, including its use with sex offenders, create a considerable risk for false positive as well as false‐negative errors. Second, no methodologically sound research examining the validity of the CQT, neither in its forensic application, nor in its use with sex offenders has been conducted. Finally, I explain why the use of CQT polygraphy with sex offenders is even more problematic than its common use as an aid in criminal investigations. Clearly, rehabilitation programs of convicted sex offenders are highly important, but the use of polygraph testing in this context is misguided and instead of reducing recidivism in sex offenders is likely to achieve just the opposite.     

用“三调联动”化解矛盾推进和谐社会建设

近年来,我们针对社会呈现出的人民内部矛盾凸显、刑事犯罪高发等新特点,充分发挥人民调解在维护社会稳定、构建“和谐湖南”中的职能作用,积极探索以人民调解为基础和依托,人民调解、司法调解、行政调解衔接联动(以下简称“三调联动”)的工作机制,走出了一条“党委政府统一领导、司法行政主办实施、相关部门协作联动”的调解工作新路子,把社会矛盾纠纷特别是大量的跨地区、跨行业、跨单位、多主体的矛盾纠纷化解在基层,有效地促进了社会和谐,受到了各级党委、政府的充分肯定。一、统一思想,加强领导,强力推进“三调联动”对于建立以司法行政…     

Hard Times for Hard Bans: Fixed‐Term Work and So‐Called Non‐Regression Clauses in the Era of Flexicurity

This paper deals with the issue of non‐regression clauses, which, despite a twenty‐year history, has been addressed by domestic and European case law only recently, and only with regard to the field of flexible employment. This essay argues that the Court of Justice case law on non‐regression clauses (the Mangold and Angelidaki rulings) leads to a weakening of these instruments, rendering them ineffective. This ineffectiveness is due to the controversial idea of Fixed‐Term Work in the era of flexicurity, and to the difficult justiciability of the particular clause in itself, as demonstrated by the most recent Court of Justice's ruling, Sorge. In addition, this essay provides an explanation of the difficult enforcement of non‐regression clauses, in light of the new course of European employment policies.     

Orchestrating Party Talk: A Party‐Based View of One‐Minute Speeches in the House of Representatives

Previous studies of House members' speech‐giving behavior treat the behavior as a product of members' individual goals. By uncovering leadership memoranda soliciting member participation in one‐minute speech giving, I find, first, that parties significantly structure one‐minute speech giving, with party‐orchestrated message campaigns accounting for about one‐third of the speeches given. Second, I find that a party‐based explanation illuminates individual members' speech‐giving behavior. Ideological proximity to the party leadership and party organizational factors strongly influence a member's willingness to be “on message.” These findings have important implications for studies of both party message politics and members' speech‐giving behavior.     

Evaluation of the ADViSOR project: Cross‐situational behaviour monitoring of high‐risk offenders in prison and the community

Purpose. The release on licence of prisoners who have committed serious violent and/or sexual offences requires rigorous risk assessment and risk management. This study evaluates the ADViSOR project, designed to examine the contribution of prison behaviour monitoring to community supervision of a sample of the highest risk offenders released in England and Wales under Multi‐Agency Public Protection Arrangements (MAPPA). Method. The offence‐related behaviour of a total group (n= 25) of MAPPA prisoners in one prison, due for release in the following year to two adjacent probation trust areas, was monitored. Their behaviours in the community were followed up for 1 year. A comparison group (n= 36) was formed of the total number of MAPPA prisoners released from prisons nationally to the same two probation trusts. Results. The frequencies of ADViSOR negative behaviours in prison and the community were strongly correlated, r_s (25) = .55, p= .004, as were positive behaviours, r_s (25) = .56, p= .004. No statistically significant correlations were found either under usual MAPPA processes in the ADViSOR prison or comparison group prisons. The frequency of ADViSOR negative behaviours statistically significantly predicted, with 92% accuracy, the offenders who would reoffend or be recalled to prison (n= 8). Statistically significant similarities in types of behaviour were also identified. Conclusion. Results are discussed in terms of the contribution of behavioural monitoring to risk prediction with high‐risk offenders, consistency of cross‐situational behaviours, and implications for policy and practice.     

The Anti‐Collusion Toolkit: Limits of a Policy that Combats the Facilitation of Collusion

This paper identifies key obstacles of law enforcement that may frustrate a policy that fights the facilitation of collusion. It outlines remedial actions against features that facilitate collusion and examines to what extent authorities––such as Directorate General (DG) for Competition, National Competition Authorities and regulators––have the powers and ability to take these actions. The analysis covers a number of legal tools including the theory of harm of coordinated effects in European merger control, Articles 101 and 102 Treaty for the Functioning of the European Union, stricter national laws and regulation. I conclude that DG Competition has little powers to act, except for merger control. Although NCAs and regulators may enjoy broader powers, tough challenges lie ahead in terms of the exercise of discretion, error and effectiveness of remedial actions.     

Psychopathy,expert testimony,and indeterminate sentences: Exploring the relationship between Psychopathy Checklist‐Revised testimony and trial outcome in Canada

Purpose. Psychopathy, as measured by the Hare Psychopathy Checklist‐Revised (PCL‐R), has the potential to inform judges attempting to preventatively detain Canada's highest risk offenders. However, studies examining the stigma of the psychopathy label give reason to exercise caution when expert witnesses introduce PCL‐R scores into their testimony. Methods. Judges' written or oral judgments were gathered from a publically available database in Canada. Dangerous offender hearings (N = 136) were examined to determine how factors within expert witness testimony were related to sentences of indeterminate or determinate length. Results. Results show a trend for PCL‐R scores to be related to trial outcome. Specifically, psychopathy diagnoses were correlated to experts' ratings of treatment amenability which were in turn related to trial outcome. In addition, experts tended to show partisan allegiance in the way they scored offenders on the PCL‐R. Conclusion. Discussion advocates a measure of caution when using PCL‐R testimony in an adversarial court context. Further research clarifying the role psychopathy plays in court decisions is also encouraged.     

Rule‐Making by the European Financial Supervisory Authorities: Walking a Tight Rope

The new European Financial Supervisory Authorities have received much attention in the literature, particularly due to their exceptional emergency decision‐making powers. By contrast, this article explicitly chooses to focus on these agencies' less explored yet equally crucial role: their (quasi‐)rule‐making responsibilities. While being less striking at first sight than their emergency counterparts, these rule‐making powers are considerable, carry significant consequences, and raise some interesting dilemmas and concerns. This article complements the previous contribution by going at a lower level of specification and zooming in on a crucial case for studying rule‐making by agencies as the Authorities constitute a culmination of agency rule‐making powers, as well as agency powers, more broadly. The article will analyse the Authorities' main (quasi‐)rule‐making powers and the relevant procedures. It will specifically investigate their role with respect to the adoption of regulatory and implementing technical standards, as well as guidelines and recommendations. The article also identifies and highlights a set of problematic issues that arise, threatening to jeopardise the legitimacy and credibility of their rule‐making.     

“Who Is a Homosexual?”: The Consolidation of Sexual Identities in Mid‐Twentieth‐Century American Immigration Law

This essay uses court records to trace the federal government's attempts to regulate homosexuality among immigrants in the mid-twentieth century, asserting that such attempts illustrate the state's struggle to make homosexuality visible, to produce a homosexuality that could be both detected and managed. I focus on the process by which two competing paradigms for understanding homosexuality (status and conduct) were consolidated into a single model in which homosexual identity could be deduced from homosexual acts. Federal officials and the courts initially treated homosexuality as a form of conduct, most commonly deporting homosexual aliens for having committed crimes of moral turpitude. Later, these same government entities relied on status provisions, deporting immigrants charged with homosexuality as aliens "afflicted with psychopathic personality." While the "psychopathic personality" terminology supported the notion that the homosexual was a kind of person rather than a set of behaviors, it also depended upon psychiatrists to support the claim that homosexuals were by definition psychopathic. When many psychiatrists distanced themselves from that idea, the government refused psychiatric opinion that differentiated psychopaths from homosexuals by arguing that these terms connoted legal-political rather than medicalized identity categories. While this conception arose out of a conservative impulse by immigration officials and the courts to fix homosexuality as identity so that it could be regulated (by bureaucrats rather than psychiatrists), I argue that the emphasis on legal-political identity categories licensed a conception of the homosexual as a kind of citizen that had some emancipatory as well as repressive effects.