A NEW LOOK AT THE EMPLOYMENT AND RECIDIVISM RELATIONSHIP THROUGH THE LENS OF A CRIMINAL BACKGROUND CHECK*

Criminal background checks are increasingly being incorporated into hiring decisions by employers. Although originally uncompromising—almost anyone with a criminal record could be denied employment—court rulings and policy changes have forced criminal background checks to become more nuanced. One motivation for allowing more individuals with criminal records to work is to decrease recidivism and encourage desistance. In this article, we estimate the causal impact of receiving a clearance to work on subsequent arrests for individuals with criminal records who have been provisionally hired to work in certain nonlicensed health‐care jobs in New York State (N = 6,648). We employ an instrumental variable approach based on a substantive understanding of the state‐mandated criminal background check process. We examine age‐graded effects within this group of motivated individuals and differential effects by sex in the rapidly growing health‐care industry, which is typically dominated by women. Our estimated local average treatment effect indicates a 2.2‐percentage‐point decrease in the likelihood of a subsequent arrest in 1 year and a 4.2‐percentage‐point decrease over 3 years. We find meaningful variations by sex; men are 8.4 percentage points less likely to be arrested over the 3‐year period when cleared compared with a 2.4‐percentage‐point (and nonsignificant) effect for women. Older women in particular are driving the nonsignificant results for women.     

DIRECTION OR CONCILIATION

The divorce custody reform and alternative dispute resolution movements have gained popularity with, and become intertwined by, legislators and adjudicators on both sides of the Atlantic Ocean. In this article, the theoretical strands of comparative divorce reform law and the Children Act 1989 are disentangled, and the threads of different factual situations—developed during 27 Preliminary Directions Hearings conducted in Englanďs Croydon County Court—are woven in. Hearings were initially meant simply to determine whether residence and access petitions could be resolved informally, without judicial intervention. The study, conducted shortly after the effective date of the legislation (October 14, 1991) quickly revealed distinct patterns in the proceedings. Faulty administration by the court resulted in chaos, undermining the efficacy of the program. Gender issues and power imbalances were often unintentionally amplified, rather than mitigated. Finally, the proceedings changed substantially during the 12-week period of study, resembling Hearing Directed Conciliation by the end.     

HUMAN TISSUE LEGISLATION AND MEDICAL PRACTICE: A BENEFIT OR A BURDEN?

The scandals surrounding organ removal and retention throughout the United Kingdom provoked several Inquiries and ultimately led to law reform. Although the medical professions were well represented at the Inquiries, little was heard of the voices of those at the 'coal face'. In this scoping study, funded by the Wellcome Trust, we interviewed a number of doctors and others engaged in the uses of human tissue and organs to explore their hopes, concerns and fears about the role of the law in their practices. We found that those involved in transplantation were more aware of, and more actively involve with, the law, whereas others, such as pathologists, had less direct engagement with the law. Most of those we interviewed expressed the hope that law reform would provide much-needed clarity. Although some expressed concern that the law might be over-intrusive, most felt that the placing of authority firmly in the hands of the person him or her self to decide what should happen to their bodies was to be welcomed.     

DAMAGES FOR LOST AMENITIES: FOR A FOOT,A FEELING OR A FUNCTION?

“The rational principles upon which damages … are to be assessed … tend … to be obscured by familiar phrases which lawyers use but seldom pause to analyse.” (Diplock L.J. in Wise v. Kay).     

TRANSITION OR NOT?

The article focuses on a quantitative evaluation of Families In Transition (FIT), a court-mandated divorce education program. In this evaluation, the operationalization of the impact of FIT on its participants is guided by a social psychology theory. Findings indicate that parents view FIT as a valuable experience, and they gain in their attitude toward and likelihood to engage in child-centered divorce adjustment behaviors from pre- to post-FIT. Factors are highlighted, such as counseling and conflict status of the parents that affect the degree of influence of FIT. Implications for evaluations of these programs and for the structure of these programs are discussed.     

DEVELOPMENTAL TRAJECTORY GROUPS: FACT OR A USEFUL STATISTICAL FICTION?*

A rapidly growing literature in criminology and psychology uses a group‐based methodology to identify and analyze developmental trajectories. Some confusion has arisen about the interpretation of this novel statistical model and with it some degree of cautionary commentary. We begin with a discussion of the role of trajectory groups as a statistical device for approximating population differences in developmental trajectories. We then discuss three misconceptions about group‐based trajectory modeling that stem from misunderstandings about the approximating role of trajectory groups: (1) individuals actually belong to a trajectory group, (2) the number of trajectory groups is immutable, and (3) the trajectories of group members follow the group‐level trajectory in lock step. We also point out that groupbased statistical modeling is not bound at the hip to the testing of taxonomic theories, and can just as well be used to test nontaxonomic theories.     

代议机关至上,还是司法化?

公民社会是成员间的和平状态,因为它在立法机关内设置仲裁者,来解决可能发生于任何人之间的一切分歧,战争状态就被排除;正是通过立法机关,共和国的成员才团结并联合成为协调的活的实体。立法机关是赋予共和国以形式、生命和一致性的灵魂;藉此,分散的成员相互影响、同情和联系。——约翰·洛克