Sex Discrimination,Personal Denial,and Collateral Damage

Many social scientists, especially those interested in social justice, have bemoaned the election of Donald Trump as president of the USA and have decried similar right-wing victories around the globe. We wish our research would have more of an impact. I argue that if we want our conclusions to have more application outside academia, we must first put our own house in order. As illustrated by a personal narrative, we are guilty of the sexism that we decry in others, although we can see that with clarity only in hindsight. Connected to our sexism are some epistemological shortcomings: our false insistence on the primacy of basic research and our false claim to conduct “value-free” research.     

Church,State, Resistance1

This article problematizes a separation of Church and State that is nevertheless identified as constitutive of politics. Democracy has come to manifest a tension between the ‘autonomy’ of the political and a ‘heteronomy’ that, exceeding rationalist or social contractarian accounts of our co‐existence, is here presented as an irreducible affect of our being together. Autonomy, it is argued, resists heteronomy through all representations of democracy; yet, by contrast, heteronomy resists autonomy, and does so with the force of this affect. So if civil religion is impossible – and if we know only too well where its realizations lead: by default, to republican celebration, or by excess, to fascism – then we must take up again, and from scratch, the question of the affect according to which we co‐exist.     

Rorschach Tests,Pluralism, and Hopes for the Future: A Response to the Responses

In this essay, I address some of the concerns raised by contributors to the Symposium on Invitation to Law & Society: An Introduction to the Study of Real Law. I argue that law and society scholarship focusing on race increasingly offers some of our field's best empirical analyses of the interpenetration of law and society; I emphasize the importance of the methodological and theoretical diversity that characterizes our fragmented field, arguing that our pluralism is one of our greatest strengths; I clarify my intended meaning of the term “real law” as I use it in the book's subtitle, as a way to underscore the socially constituted quality of all law; I attempt to rescue the reputation of dialectics from charges of “relativism”; and I reiterate my appreciation for our field's engagement with questions of social justice that has characterized it since its inception. In the second half of the essay, I briefly describe my current prison research and offer some thoughts for the future of our field.     

Schauer on Coercion,Acceptance, and Schizophrenia

This article provides a comment on The Force of Law (Schauer 2015), which is Schauer's new and illuminating contribution to the place of law in our societies and in our lives. It constitutes a strong defence of the importance of coercion in law. First, I consider cases where the law is not able to motivate human behaviour adequately, in order to show that legal coercion is not always justified. Second, I examine the Rawlsian distinction between the ideal and the nonideal theory and its application to the theory of law. Third, I tentatively argue that coercion has no place in ideal theory, but a core place in nonideal theory. In this way, it may be plausible to reconstruct the motivation to accept the law, at least when the law is normatively justified.     

Markets,profits, labor and smack

Conclusion I began this paper by noting that the theoretical paradigms we usually invoke in an attempt to understand crime are often misleading and unfruitful. By seeking to understand crime through the vision implied by the normative paradigm we focus upon too narrow a set of phenomenon: namely the ideological structure of social systems or individual personalities. We would do well to shift our vision to include at the very least the political and economic history of that collection of activities which are generally defined by law as criminal. The historical development and political economy of opium and heroin from its introduction by European capitalists into China and Southeast Asia down to its current place in the political economy of the United States has been explored in an effort to demonstrate the utility of refocusing our energies towards a macro-sociological perspective.Copyright 1976 by William J. Chambliss     

Multiculturalism,Institutional Law,and Imaginary Justice

Following Le Pen's relative successin the French presidential vote and the BritishNational Party's historic return in our own2002 local elections, the article considers theprospects for the production of morecommunicative race relations in contemporaryBritain. To this end we reassess the media'streatment of the Stephen Lawrence case andexplore the political logic of the Macphersonreport, the policy document which followed theapparent miscarriage of justice that allowedLawrence's alleged killers to walk free. Interms of our analysis of the media we areconcerned to show how the real of Britain'sordinary racism was hidden behind an ideologyof multiculturalism that scapegoated singularindividuals to cover for the structuralinequalities of wider society. The article aimsto show how the media upheld the notion ofobjective justice that institutional law wasapparently unable to secure.But while the media supported the ideology ofthe law, its exposure of the failings ofinstitutional law also led to calls for legalreform to guarantee the realisation ofinstitutional justice. Although we accept thatthe attempt to achieve legal totality isimpossible, our argument is that the critiqueof legal objectivity, which takes in subjectiverights claims, may present the possibility forthe realisation of a novel, inclusive, model ofrace relations. That is to say that althoughthe media supports the ideology of the law, thefact that this support requires a critique ofpractical law forces the law to modernisearound the idealistic demands of its ownideological structure. Akin toDouzinas,¹ who has argued for theendless expansion of rights as post-modernutopianism, we believe that this process ofmodernisation, which is arranged to maintainthe status quo through minimal reform, is thecondition of possibility of a more inclusivesystem of race relations.     

Representation,Competing Principals,and Waffling on Bills in US Legislatures

Legislators are often placed in the position of representing the interests of their constituents against the preferences of their own party leaders. We develop a theoretical framework indicating that these cross‐pressured legislators are more likely to initially support legislation and subsequently change their minds than are legislators whose constituents and leaders share similar preferences. Moreover, we expect this pattern to be most pronounced among members of majority parties than minority‐party members. We test our expectations using data on bill cosponsorship and final passage votes from 46 lower state legislative chambers and the US House, finding considerable support for our theory.     

Preparing individuals for leadership in Australasia,the United States,and the UK

ABSTRACT

Much is said about the importance of leadership in policing. In policing leadership is a key variable in organisational effectiveness, public confidence and employee well-being. We demand that our police leaders are ethical, decisive, skilled, and have the internal and external legitimacy needed to exert influence inside and outside the workplace. There are many advantages to such a pipeline approach to organisational leadership, and it presents organisations with an unparalleled opportunity to develop leaders and leadership talent over an extended period. There are questions, of course, about how much advantage our police organisations really take of this opportunity; how coherently leader development is planned and organised; and how effective our development models are. In this paper, we explore leader development in Australia, the United States and the United Kingdom. Drawing on data collected through semi-structured interviews with established senior police leaders in each country we explore development journeys, opportunities for learning inside and outside of policing, the impact of leader development on leadership-style and decision-making, and how well-prepared leaders feel for their roles having transited their organisational pipelines. Drawing on these data we present a model for leadership development that calls for individual and organisational work. By seeing leadership in terms of organisation capacity, rather than individual capacity, the model encourages a comprehensive and more cohesive approach through police education and other initiatives to developing our organisational leaders, and recognises too that preparing individuals is only part of the story.     

An investigation into the empirical relationship between time with peers,friendship, and delinquency

Purpose

Much of the research on peer influence has examined the relationship between peer associations and delinquency. Relatively little empirical research has addressed the effects of delinquent behavior on peer intimacy and time spent with peers. Our research attempts to fill these gaps in the literature as we hypothesize that, net of peer delinquency, delinquents spend more time with their peers but are less closely attached to their peers.

Methods

Using data from two waves of the National Youth Survey (NYS), we present two sets of regression models to account for selection bias resulting from whether respondents reported having friends. To assess the stability of our findings, we supplement our presented findings with extensive use of alternate estimation strategies.

Results

Conclusions regarding our hypotheses do not vary by estimation strategy. Delinquents spend more time with their peers, but delinquents and non-delinquents do not report differences in closeness to their peers.

Conclusions

Given our control variables, our finding introduces complexity in the causal priority between time spent with peers and delinquency. Prior delinquency may be a predictor of more time with peers, but partly as an avenue for opportunities for crime, not for the sake of friendship.     

The incest offender,power, and victimization: Scales on the same dragon

It is contended that incest is a specific case of a larger problem, that being inappropriate use of power, resulting in victimization of a weaker person. The article is primarily an exploration of ideas regarding root causes of such victimization. It is proposed that implied ownership is present in certain traditional family constellations in our society. It is further proposed that many factors, including this implied ownership, contribute to a profound lack of empathy on the part of the offender. Numbered among these factors are our individualistic, compartmentalized culture, developmental deficits, and overt choices on the part of the offender. Concluding comments call for further reflection and attention to the issues raised, with suggestions regarding important areas for focus and investigation.     

The reformers’ dilemma: media,policy ownership,and reform

Current proposals for strengthening policy ownership in reforming economies are fundamentally flawed. Modeling the reform process as a prisoners’ dilemma demonstrates that political agents must overcome this conflict of interests before present proposals for bolstering ownership will work. A politically autonomous mass media is one important mechanism enabling political agents to do this. Reforming countries without free media face an uphill battle overcoming the problems associated with transition. We test our theory by investigating the relationship between media freedom, foreign aid, and economic development in 26 post-socialist transition countries. The results of this analysis support our theory.      

Integrating Organizational Justice and Affect: New Insights, Challenges, and Opportunities

Building on the foundation offered by Cropanzano et al. in their recent book titled Social Justice and the Experience of Emotion (Cropanzano et al. in Social justice and the experience of emotions, Routledge, New York, 2011), we argue that further integrating the literatures on organizational justice and affect has the potential to create important insights that can further our understanding of both literatures. In order to capitalize on these opportunities, however, we argue that justice scholars must increase the clarity of our constructs, address critical gaps in the literature, and question underlying assumptions in the field as well as within the paradigms that have traditionally been adopted to explore justice issues. We propose a number of research avenues that can not only facilitate our understanding of organizational justice by addressing challenges and gaps in the literature, but can also help further integrate the organizational justice and affect literatures. We conclude by discussing methodologies and approaches that can help organizational justice researchers to explore these new research opportunities.     

Federal Old-Age, Survivors, and Disability Insurance and Supplemental Security Income for the Aged, Blind and Disabled; representative payment--SSA. Final rule

These final regulations reorganize and restate in simpler language our regulations on representative payment under titles II, Old-Age, Survivors, and Disability Insurance (OASDI), and XVI, Supplemental Security Income for the Aged, Blind, and Disabled (SSI) of the Social Security Act. These regulations (1) explain representative payment; (2) state when title II and title XVI benefits will be paid to a representative payee rather than directly to the entitled person; (3) indicate the procedure we follow in selecting a representative payee; (4) specify the responsibilities of a representative payee; and (5) clarify our responsibilities to the beneficiary when we make payments to a representative payee on his or her behalf.     

Medicare, Medicaid, and Children's Health Insurance Programs; additional screening requirements, application fees, temporary enrollment moratoria, payment suspensions and compliance plans for providers and suppliers. Final rule with comment period

This final rule with comment period will implement provisions of the ACA that establish: Procedures under which screening is conducted for providers of medical or other services and suppliers in the Medicare program, providers in the Medicaid program, and providers in the Children's Health Insurance Program (CHIP); an application fee imposed on institutional providers and suppliers; temporary moratoria that may be imposed if necessary to prevent or combat fraud, waste, and abuse under the Medicare and Medicaid programs, and CHIP; guidance for States regarding termination of providers from Medicaid and CHIP if terminated by Medicare or another Medicaid State plan or CHIP; guidance regarding the termination of providers and suppliers from Medicare if terminated by a Medicaid State agency; and requirements for suspension of payments pending credible allegations of fraud in the Medicare and Medicaid programs. This final rule with comment period also discusses our earlier solicitation of comments regarding provisions of the ACA that require providers of medical or other items or services or suppliers within a particular industry sector or category to establish compliance programs. We have identified specific provisions surrounding our implementation of fingerprinting for certain providers and suppliers for which we may make changes if warranted by the public comments received. We expect to publish our response to those comments, including any possible changes to the rule made as a result of them, as soon as possible following the end of the comment period. Furthermore, we clarify that we are finalizing the adoption of fingerprinting pursuant to the terms and conditions set forth herein.     

Physicians, unions, and antitrust

The increasing consolidation of our healthcare delivery systems and the concomitant push for perceived efficiencies, speed, and profits has laid the foundation for a renewed interest in unionization by many physicians. This Article analyzes the barriers to such unionization that are posed by the antitrust laws, and provides an analysis of how to proceed with unionization without violating those laws. The Article also analyzes the current status of physician ability to unionize, and surveys the present status of physician unions.     

ON THE ASSOCIATION AMONG SELF-CONTROL, CRIME, AND ANALOGOUS BEHAVIORS

In a paper previously published in Criminology (Paternoster and Brame, 1998), we used data from the Cambridge Study in Delinquent Development to investigate the association between criminal activity and a set of so-called "analogous behaviors" (i.e., excessive drinking, smoking, gambling, involvement in accidents, etc.). Our reading of Gottfredson and Hirschi's (1990) self-control theory led us to hypothesize that both of these outcomes should depend on self-control. It seemed to us that the implication of this position is that self-control should explain any association that exists between involvement in criminal activity and involvement in analogous behaviors. Our analysis suggested that the association between criminal activity and analogous behaviors persisted even after conditioning on our measure of self-control. We drew the qualified conclusion that this result constitutes negative evidence for Gottfredson and Hirschi's self-control theory. In this paper, we reexamine the analytic framework on which we relied in our earlier work.     

Law,Love and Legality

The argument of this paper is that our lives have meaning because theyare structured by rules which are open to the outside, through which theoutside can reflexively fold back into the rules so that it canregenerate and transform them. It is this process that constitutes theunity and integrity of our lives and gives them coherence. Our lives donot have certainty in the sense that there is always a definite answeras to how we should live. It is in the reflexive unity of law and lovethat we have the confidence to respond to the outside and create andtransform our narratives, however dangerous that may seem. We might callthis ``legality' – the ability to go beyond the law at theappropriate time. In this sense then, it is a creative activity and isto be distinguished from legalism, which thinks that following the rulesis all that there is. But following the rules is important, for it isonly in following them and being faithful to them that we gain theunderstanding of when to break them. That creativity, which stems fromthe precarious linking of the arbitrary and the structured, might leadus to think of legality as a form of anarchy – not of thenihilistic variety but of the ability creatively to break the law andthus regenerate it.     

Mixed Motives: Economic,Social, and Normative Motivations in Business Compliance

This article develops theoretical understanding of the motives of business firms and their managers for compliance. First, we develop a typology to conceptualize and measure business motives relevant to compliance behavior. We distinguish between three categories of motives: economic, social, and normative. We hypothesize, however, that business firms and their managers do not divide into types motivated exclusively by singular priorities. We expect each firm to hold a constellation of plural motives. Moreover, we expect that economic and social motives are more alike between regulatees within the same regulatory regime than normative motives. Second, we conduct a preliminary test of the plausibility of our typology of motives and our theory of constellations of plural motives using data from a survey of the thousand biggest companies in Australia. Finally, we conclude that the path from fundamental interests or motives to behavior is filled with constraints and contingent factors at the individual, organizational, and structural levels.