From Helping Court to Community‐Based Services: The 30‐Year Evolution of Australia's Family Relationship Centres

As a centrepiece of Australia's 2006 family law reforms, the community‐based Family Relationship Centres (FRCs) represented a major development in the Government's commitment to incorporate family relationship services into its family law system. This paper sees FRCs as a logical development of the original conceptualising the Family Court of Australia as a “helping court”. The paper suggests that the aspiration to create a helping court was partially achieved in 1976 via the creation of an in‐house family court counselling service, which was primarily focused not on law and legal principles, but on supporting the ways in which family members were managing the task of redefining relationships. While generally valued by judges and others, this service nonetheless found itself in tension with the Family Court's continued primary commitment to legally informed and adversarially driven negotiation and decision‐making processes. Since 2006, the creation of FRCs has spearheaded a family law system that provides relationship‐focused interventions away from the courts as the default option for most parenting disputes. Consistent with this aim, there is evidence of a diminished percentage of cases now requiring judicial intervention. The 2006 legislation also provides for courts to conduct “less adversarial trials.” Paradoxically, this has occurred alongside unequivocal evidence from the Australian Institute of Family Studies’ evaluation data that judicial officers are dealing mainly with families displaying seriously dysfunctional attitudes and behaviours. The legal challenge in dealing with these cases is for courts to provide child focused, fair and non‐destructive internal processes. In addition, however, it is increasingly clear that to support and help facilitate their decisions, courts also need good working relationships with FRCs and other community based services. FRCs and the 2006 reforms offer the possibility of moving beyond the ideal of a “helping court” to the broader concept of helping family law system.     

What a difference difference makes: gendered harms and judicial diversity

Taking the UK Ministry of Justice's ongoing quest to ensure a more diverse judiciary as its starting point and backdrop, this paper establishes the House of Lords' decision in Secretary of State for the Home Department v. K (FC); Fornah (FC) v. Secretary of State for the Home Department [2006] as a lens through which to explore the ‘difference’ of the woman judge and, in particular, the developing jurisprudence of Baroness Hale—the first (and only) female law lord in the UK. It argues that Baroness Hale's candid recognition and articulation of the gendered nature of the experiences and violence in Fornah's story reveals not only the difference difference (in whatever form) might make to understandings of the judge, judging and justice but also the importance of recognising the transformative potential of judicial diversity to create a space in which difference is celebrated and valued on its own terms, a place where difference can truly make a difference.     

Reversing the ‘Tragedy’ of the Commons? Sustainable Management and the Commons Act 2006

The Commons Act 2006 is the first statute since the Commons Registration Act 1965 to address the problems associated with the management of common land in England and Wales. A key focus for the 2006 Act is the introduction of mechanisms for the sustainable management of common land, including self‐regulatory commons councils. This article examines the ‘sustainable’ management of common land in historical and contemporary perspective. It sets the 2006 Act, and the sustainable management of common land, in the wider context of the ongoing debate triggered by Hardin's ‘Tragedy of the Commons’ and subsequent institutional and post‐institutional scholarship on common pool resource management. It uses historical and qualitative research data drawn from three case studies to demonstrate the irrelevance of Hardin's thesis in an English context, and identifies the Commons Registration Act of 1965 as the true ‘tragedy’ of the English and Welsh commons. The case studies also illustrate the challenges posed by the introduction of legal mechanisms to promote the ecologically sustainable management of the modern commons, and inform the critique of the Commons Act 2006 developed in the article.     

The 2006 Usama Bin Laden Tape: Interpreting an Adversary

Editor's Note: This essay is an excellent example of why we should be reading and analyzing the public messages of our opponents. Too often we dismiss the statements of Bin Laden and other criminal-soldiers as pure rhetoric and propaganda. In our struggle against Al-Qaeda and other criminal-state entities it is imperative that we know and understand the leadership of ‘thine enemy’ in order to disrupt, dismantle, and ultimately defeat them.

This essay discusses the rationale behind Usama Bin Laden's January 2006 tape, released by the Al-Qaeda leader after a 13 month hiatus. The essay puts forward theories behind the timing of the release of the tape and highlights Bin Laden's changes in strategic thought in response to changes in the political landscape of the Middle East. Bin Laden has also been carefully monitoring the anti-war movement and, for the first time, urges Americans to read an American author as a means of understanding his geo-political desires for the Muslim world. Readers will also be able to place Bin Laden's January 2006 tape in the context of recent statements by Ayman Al-Zawhairi and Abu Musab Al-Zarqawi.     

Reluctant Radicals: How Moderates Shape Movements for Social Change

This essay reviews three books within the southern history literature on the white moderate's response to the civil rights movement; Kevin Kruse's White Flight: Atlanta and the Making of Modern Conservatism (2005), Matthew Lassiter's The Silent Majority: Suburban Politics in the Sunbelt South (2006), and Jason Sokol's There Goes My Everything: White Southerners in the Age of Civil Rights, 1945–1975 (2006). I examine how white moderates impacted the struggle for African American civil rights, and explore how this dynamic can help us understand the trajectory of the current debate over gay rights in the United States. I argue that while the US public ultimately came to support equal rights for African Americans, and has grown more tolerant of gay rights recently, they have been willing to do so only when these rights claims are framed as benefiting “deserving” segments of these populations. This shows that rights are, to some extent, contingent resources, available primarily to those citizens who fit certain ideal types, and suggests that those individuals who are unwilling (or unable) to live up to this ideal may ultimately fail to benefit from these movements.     

List of Contributors

In this paper we extend earlier work on the effects of disparate retirement rates on the partisan composition of the contemporary House of Representatives (1954–2006). Gilmour and Rothstein had posited that the Grand Old Party's (GOP) ‘permanent minority’ status in the House between 1954 and 1994 was the principal cause of this differential. Contrary to expectations, we find that even after their takeover of the House in 1995, Republican Members of Congress (MCs) continued to leave the chamber voluntarily at higher rates than their Democratic colleagues, both to retire completely from public life and to seek higher office. Ceteris paribus, even as the GOP made considerable offsetting gains in its ability to re-elect incumbents and to retain open seats, this continued disparity significantly attenuated the size of their legislative majority and contributed to their ousting as the majority party in the elections of 2006. We conclude the paper with some speculations regarding the reasons for the persistence of relatively high rates of Republican retirements.     

To object or not to object: The question of women judges in Egypt

Developing countries where women have not been permitted into the judiciary are excluded from feminist scholarship on women and the law. Such exclusion limits comparative views to a specific cultural‐historical domain. This paper explores the case of Egypt, where women have not entered the judiciary, in an attempt to extend the cross‐cultural discussion. A premise of the paper is that a theological vision of women's gender roles, which is qualitatively different from the prevailing one in the West, is a strong influencing factor on women's access to the judiciary in Egypt. After presenting a brief overview of women's status in Islam, this paper explores perspectives on women's role as judges within Islamic Shari'a. Building on the brief exploration of Islam's views regarding women's access to the judiciary, this paper then presents contemporary debates regarding women as judges in the Egyptian case. A recommendation for a more careful examination of the theological influences on the Egyptian debate regarding women's access to the judiciary concludes the paper.     

Sentimental Frauds

The 2006 class action against James Frey, concerning his fabrications in A Million Little Pieces, was the first suit of its kind in the United States. There is nothing new about false memoirs, so what can explain the lawsuit? When the book was promoted on “Oprah's Book Club,” viewers were invited to respond emotionally, and saw their responses as a form of testimony. Those responses produced a sense of betrayal and inauthenticity when Frey's falsehoods were revealed. This view finds support in the eighteenth‐century sentimental novel, which similarly linked readers' reactions to the author's emotional authenticity. Fraud was an ongoing concern for sentimental novelists, some of whom used elaborate editorial to ploys to disavow responsibility for the text, while others populated their novels with fraudulent characters, intended as foils for the protagonist. An investigation of these novels helps to reveal the implications of the Frey case for future claims of literary fraud.     

Form and Formalism: The View from Legal Theory

Abstract. The article considers Robert Summers' new book ( Summers 2006 ), in the context of Summers' earlier work and the role of form and formalism in other jurisprudential discussions. While accepting the value of a form‐centered approach to studying law, the article questions Summers' claim that his approach is clearly superior to (and not merely complementary with) traditional analytic theories, like those of Hart and Kelsen. The article also suggests that the book's discussion of form in contract and commercial law is somewhat disappointing, given Summers' expertise in this area, and the many difficult form‐related questions that area raises.     

Iraq Casualties and the 2006 Senate Elections

Prior scholarship on the effects of war casualties on U.S. elections has focused on large‐scale conflicts. For this article, we examined whether or not the much‐smaller casualty totals incurred in Iraq had a similar influence on the 2006 Senate contests. We found that the change in vote share from 2000 to 2006 for Republican Senate candidates at both the state and county level was significantly and negatively related to local casualty tallies and rates. These results provide compelling evidence for the existence of a democratic brake on military adventurism, even in small‐scale wars, but one that is strongest in communities that have disproportionately shouldered a war's costs.     

Explaining China's approach to investor-state dispute settlement reform: A contextual perspective

China's approach to ISDS reform is widely perceived as undecided and ambiguous. This paper provides the first detailed analysis of China's submission to the UNITRAL Working Group III and situates China's approach in the context of global dialogue of ISDS reform and competing reform proposals. The paper shows that China's open, flexible, and evolving approach to ISDS reform could be better understood by a contextual evaluation of the pertinent factors which have contributed to its formation. Moreover, this paper explains why China did not sign up to the EU's investment court system (ICS) proposal in the EU-China Comprehensive Agreement on Investment (CAI). Lastly, the paper argues that China should reconsider its attitude towards the ICS in the CAI context and that the EU's recent suggestion that the envisaged multilateral investment court may adopt an ‘open architecture’ is likely to enhance its appeal to China.     

DNA identification of skeletal remains by investigator’s intuition

In June 2006 a decapitated woman was found in a parking area of the motorway in the area of Prato (Florence). Since the body was beheaded and no victim’s documents or objects were present at the crime scene, identification at that time was impossible. However, DNA profile from woman’s bones were collected. In the same year (2003), a mother had reported her daughter's disappearance but the two events were not related at that time. About ten years later the mother’s DNA profile was finally acquired for a genetic identification of another girl’s body found in the Ferrara area. These genetic profiles were completely discordant. All these genetic comparisons were carried out on behalf of the prosecutors of the cities involved in the findings of the bodies and in the disappearance complaints, but due to the lack of a database the events remained disconnected. In January 2017, the head of the scientific police of Prato who had followed the investigation and questioned the mother of the missing girl found about ten years later, suggested to the magistrate to order the comparison of the mother's DNA with the genetic profile of the bones found in 2006. This comparison finally allowed the identification of the missing daughter.This story highlights the importance of having forensic DNA database to search for missing persons and how the investigator's intuition can play a key role in resolving criminal cases. In fact, databases of unknown bodies and relatives of missing persons were created in Italy as a part of national DNA database just at the beginning of 2018.     

Evaluating the work of Australia's Family Relationship Centres: Evidence from the first 5 years

Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts.     

Using social norms to reduce men's rape proclivity: Perceived rape myth acceptance of out-groups may be more influential than that of in-groups

Abstract

Feedback about a reference group's rape myth acceptance (RMA) has been shown to affect men's rape proclivity (Bohner, Siebler, & Schmelcher, Personality and Social Psychology Bulletin, 32, 286–297, 2006). In two experiments with male university students (total N=294), this research was extended by varying the in-group vs out-group status of the reference group. Results showed that feedback about other men's RMA influenced self-reported RMA (Experiment 1) and rape proclivity (Experiments 1 and 2). Overall, participants' rape proclivity was affected by feedback about both in-groups' RMA and out-groups' RMA. The strongest reduction of rape proclivity was produced by low-RMA feedback about an out-group that participants expected to be high in RMA (Experiment 2). Implications for theory and intervention are discussed.     

Punishment or therapy? The ethics of sexual offending treatment

Abstract

The claim that sex offender treatment is a form of punishment and as such cannot be covered by traditional ethical codes is a controversial one. It challenges the ethical basis of current practice and compels clinicians to rethink the work they do with sex offenders. In this paper I comment on Bill Glaser's defence of that idea in a challenging and timely paper and David Prescott and Jill Leveson's rejection of his claims. First, I consider briefly the nature of both punishment and treatment and outline Glaser's argument and Prescott and Levenson's rejoinder. I then investigate what a comprehensive argument for either position should look like and finish with a few comments on each paper.     

Digital identity – The legal person?

This paper examines the concept of digital identity which the author asserts is now evident in the United Kingdom as a consequence of the Identity Cards Act (UK) 2006 and the National Identity Scheme it establishes. The nature and functions of the concept, particularly the set of information which constitutes an individual's transactional identity, are examined. The paper then considers the central question of who, or what, is the legal person in a transaction i.e. who or what enters into legal relations. The analysis presents some intriguing results which were almost certainly not envisaged by the legislature. The implications extend beyond the United Kingdom to similar schemes in other jurisdictions, and to countries, like Australia, which may implement such a scheme.     

WILLIAM H. REHNQUIST AWARD FOR JUDICIAL EXCELLENCE ADDRESS

The William H. Rehnquist Award is one of the most celebrated judicial honors in the country. It is given each year to a state court judge who demonstrates the “highest level of judicial excellence, integrity, fairness, and professional ethics.” The 2008 recipient, Jonathan Lippman, was recently appointed and confirmed as Chief Judge of the State of New York. Chief Judge Lippman was previously the Presiding Justice of the Appellate Division of the First Judicial Department of the New York State Supreme Court. He was appointed New York's Chief Administrative Judge by Chief Judge Judith S. Kaye and served from January 1996 to May 2007 and was responsible for the operation of a court system with a $2.4 billion budget, 1300 state‐paid judges, 2300 town and village judges, and 16,000 nonjudicial personnel. Among his numerous professional activities, Chief Judge Lippman served as president of the Conference of State Court Administrators from 2005 to 2006 and was the vice‐chair of the National Center for State Courts from 2005 to 2006, where he was a member of the Board of Directors from 2003 to 2007. During his tenure, Chief Judge Lippman has been the recipient of numerous awards and recognitions, including the 2006 Fund For Modern Courts Cyrus R. Vance Tribute for Vision, Integrity and Dedication to the Fair Administration of Justice Personified by Cyrus R. Vance (November 27, 2006); the New York County Lawyers’ Association Conspicuous Service Award in Recognition of Many Years of Outstanding Public Service (September 28, 2006); and the Award for Excellence in Public Service of the New York State Bar Association's Committee on Attorneys in Public Service (January 24, 2006). Chief Judge Lippman received a Bachelor of Arts in Government and International Relations from New York University, Washington Square College, where he graduated cum laude in 1965. He also received his J.D. from New York University in 1968. Below is the speech he delivered after accepting the William H. Rehnquist Award from U.S. Supreme Court Chief Justice John G. Roberts.     

A Bilingual Legislature? Question Period in Canada's House of Commons

One of the goals of Canada's official bilingualism policies is to promote the equality of French and English in Canada's federal institutions. The most visible federal institution is the House of Commons, and the activity that attracts the most consistent media coverage is Question Period. This article examines the evolution of the use of French and English during Question Period in the House of Commons over time by examining a random sample of debates from the 24th (1958–62) to the 39th (2006–8) parliaments. This article finds that the use of French in the House of Commons has increased over time and discusses several possible explanations. In addition, this article tests the hypothesis that there exists an informal norm in the House of Commons which holds that responses to questions should be in the same language in which the question was asked.     

Self-Mediated Risk in Criminal Law

The paper addresses the question whether ‘self-mediated risk’ – risk whose coming-to-fruition depends on future volitional conduct by the actor himself – bears on the wrongfulness of an actor's present conduct. Moral philosophers have long been divided on this question. ‘Actualists’ take the view that an actor's present moral obligations do, in fact, depend on what he or she actually is likely to do in the future. In contrast, ‘possibilists’ take the view that an actor's present obligations depend only on what he or she will have the capacity to do in the future. This paper argues that actualism better captures the morality that underlies the criminal law. The paper also explores actualism's implications for criminal law. Among these is the implication that the locus of moral fault in criminal cases sometimes is temporally removed from the conduct that triggers the assignment of blame.     

Forensic Archaeological Recovery of a Large‐Scale Mass Disaster Scene: Lessons Learned from Two Complex Recovery Operations at the World Trade Center Site

In 2006, unexpected discoveries of buried World Trade Center (WTC) debris and human remains were made at the World Trade Center mass disaster site. New York City's Office of Chief Medical Examiner (OCME) was given the task of systematically searching the site for any remaining victims' remains. The subsequent OCME assessment and archaeological excavation conducted from 2006 until 2013, resulted in the recovery of over 1,900 victims' remains. In addition, this operation demonstrated the essential skills archaeologists can provide in a mass disaster recovery operation. The OCME excavation data illustrates some of the challenges encountered during the original recovery effort of 2001/2002. It suggests that when understood within the larger site recovery context, certain fundamental components of the original recovery effort, such as operational priorities and activities in effect during the original recovery, directly or indirectly resulted in unsearched deposits that contained human remains.