Cutting Global Justice Down to Size? Rights,Vulnerabilities, Immunities,Communities

This article attempts to expand the scope of the project of global justice on one parameter but to circumscribe that project on three other parameters. It is argued that the difference of level of application as between individuals and collectives should be transcended in a ‘collective turn’. But this inclusiveness must be accompanied by an insistence on the distinction between a generic or intrinsic understanding of vulnerability on the one hand, and a contingent understanding of vulnerability on the other. Another distinction that must be observed is that between private and public entities. On both dimensions the latter option is to be preferred. Only the contingent vulnerabilities of public entities are of relevance to a practical program of global justice. It is also suggested that formal distinctions in entitlements should be observed. Hohfeld’s scheme is called upon in order to distinguish between claim-rights and immunities and to advocate for the latter as better reflecting the desiderata of global justice. Frequently presupposed connections between vulnerability and rights are thus brought into question. Finally, the proposed framework for global justice enables a novel articulation with, and an illumination of, the demands of equality. For that which is private in a legal sense is constituted by the clash of wills of individual legal persons. Public interests are always shared, thus connoting spheres of equality; understood in this way equality is the stuff of global justice.

     

From Apalachin to the Buffalo Project: Obstacles on the path to effective federal responses to organized crime, 1957–1967

The Apalachin meeting of recognized underworld leaders from cities across the USA was held in upstate New York on November 14, 1957. The event, well known to historians and justice system officials, has become a textbook case rarely examined for its larger context of how American government officials learned to confront the organization and strength of the American Mafia, later called La Cosa Nostra (LCN). From 1957 to 1967, three presidents, four attorneys general, and hundreds of federal agents and prosecutors traveled an obstacle-filled path toward investigating, indicting, prosecuting, and convicting Apalachin attendees and their successors. Steps were taken to challenge the power of the mob during the Eisenhower and Kennedy administrations, but they were consistently plagued by false starts, frustrations, and side steps. Each obstacle further instructed policy makers, however, on the need for an intensive and coordinated effort grounded in common goals and interagency cooperation. This article considers six key obstacles to the decade-long quest for a concerted federal initiative against organized crime. It examines how the characteristics and the impact of each obstacle contributed to a meandering and slothful federal response to the Mafia’s power. Lessons learned about how to effectively attack the mob were finally implemented in May 1966 when President Johnson institutionalized Executive agency cooperation, making the Attorney General (AG) the focal point in the war on organized crime. One element in this new initiative was known as the ‘Buffalo Project,’ an experiment commencing officially in January 1967 in Buffalo, New York to concentrate intelligence, investigations, and prosecutive resources working across bureaucratic lines to pursue guilty pleas or convictions. The Project, a closely supervised operation directed by the Justice Department’s Organized Crime and Racketeering Section (OCRS), was conceptualized as a small team of supervisory federal investigators and experienced prosecutors who built cases against local Mafia associates and leaders to withstand the scrutiny of the federal justice system. Assistance was also rendered by state, local, and international organizations. The Project formed a template for the DoJ Criminal Division’s Strike Force program.

“Guide to developing a culture of lawfulness,”

This paper has argued that regulatory and law enforcement measures cannot, on their own, deal with the scope of global crime and corruption. Rather, they need to be complemented and supported by a society that embraces a culture of lawfulness. This is difficult to establish. Yet, there are examples, in diverse circumstances, of major changes in values and attitudes towards the rule of law within a relatively short time frame. While there is no “one size fits all” approach, certain key principles can provide a useful guide for societies seeking to foster a culture of lawfulness. These have been found in the most successful and enduring programs.     

Who Cares? Welfare and Consent to Child Emigration from England to Canada, 1870–1918

Liverpool Law Review - From the 1870’s, children in the care of charities or state provided institutions, including workhouses and industrial schools, were subject to the practice of...     

Back to the future? Health benefits, organized labor, and universal health care

The umbrella of employment-based health benefits is growing increasingly threadbare. As a result, health benefits are once again a major arena of labor-management strife, and once again calls for universal health care by many labor leaders mask important differences between them over health care reform. Some labor leaders advocate a bottom-up mobilization in support of a single-payer solution that would dismantle the system of job-based benefits rooted in private insurance. Others stake their health care strategy on wooing key business leaders to be constructive partners in some kind of unspecified comprehensive reform of the health system. Organized labor faces enormous obstacles, both institutional and ideological, to forging an effective united front to fight for comprehensive, high-quality, affordable health care for all. Two entrenched features of the shadow welfare state of job-based benefits, notably the Employee Retirement Income Security Act (ERISA) of 1974 and the union-run health and welfare funds created under the Taft-Hartley Act, remain daunting barriers on the road to reform, exacerbating tensions and differences within organized labor. Moreover, a dramatic ideological schism in the labor movement about its future direction vexes its stance on health care reform. These ideological differences fuel vastly different views within organized labor about how best to confront the unraveling of job-based health benefits and the growing popularity among business leaders, insurers, and public officials of the "individual-mandate" solution, which would penalize people who do not have adequate health insurance.     

Back to the future? Diabetes, HIV, and the boundaries of public health

The control of infectious diseases has traditionally fallen to public health and the clinical care of chronic diseases to private medicine. In New York City, however, the Department of Health and Mental Hygiene (DOHMH) has recently sought to expand its responsibilities in the oversight and management of chronic-disease care. In December 2005, in an effort to control epidemic rates of diabetes, the DOHMH began implementing a bold new plan for increased disease surveillance through electronic, laboratory-based reporting of A1C test results (a robust measure of blood-sugar levels). The controversy A1C reporting produced was relatively contained, but when Dr. Thomas Frieden, New York City health commissioner, called for the state to begin tracking viral loads and drug resistance among patients with HIV, both the medical community and a wider public took notice and have started to grapple with the meaning of expanded surveillance. In the context of the past century of medical surveillance in America, we analyze the current debates, focusing first on diabetes and then HIV. We identify the points of contention that arise from the city's proposed blend of public health surveillance, disease management, and quality improvement and suggest an approach to balancing the measures' perils and promises.     

Urban adolescent mothers exposed to community, family, and partner violence: is cumulative violence exposure a barrier to school performance and participation?

Using a risk and resilience perspective, the authors assessed urban adolescent mothers' exposure to community, family, and partner violence and analyzed the relationships between cumulative violence exposure and multiple school outcomes, within the context of welfare reforms. Positive attitude toward school and social support were examined as moderators of violence exposure on school outcomes. The authors pilot tested the questionnaire with 10 participants, then surveyed 120 adolescent mothers regarding their violence exposure, school performance and participation, positive attitude toward school, and social support. Results indicate very high rates of lifetime exposure to violence; intercorrelations and regression analyses indicate that as violence exposure increases, school outcomes tend to worsen, with positive attitude toward school found to be a significant moderator of the effects of exposure to community violence on behavior problems in school. Implications for researchers, practitioners, school policies and programs, and welfare policies and programs conclude the article.     

Students’ Feelings of Safety,Exposure to Violence and Victimization,and Authoritative School Climate

Although many students feel unsafe at school, few malleable factors have been identified to increase students’ feelings of safety. Drawing on criminological behavior control theories, this study posits authoritative school climate as one such factor. With data from two nationally representative datasets, this study uses path analysis to examine the relationship between authoritative school climate and feelings of safety, as well as the extent to which this relation is explained by exposure to violence and victimization. Across both datasets, a more authoritative school climate was associated with increased feelings of safety at school. Both models also indicated that this relationship was explained in part by reduced exposure to violence and victimization, although the strength of this indirect effect varied across models. These findings suggest that strengthening students’ relationships with adults and increasing the fairness and consistency of rules in the school may both reduce exposure to violence and victimization and help students feel safer at school.     

Childhood Sexual Abuse,Other Childhood Factors,and Pathways to Survivors’ Adult Relationship Quality

We were interested in understanding how the effects of childhood sexual abuse, in concert with other negative childhood experiences, were carried forward into adult romantic relationships. Data from 15,831 married or cohabitating individuals were gathered via the RELATE Questionnaire. Empirical research, attachment theory, and a general model of adult relationship quality suggested that the path from negative childhood events to adult relationship quality was mediated by a number of individual and relational affect-laden variables. Results showed that childhood abuse and other family-of-origin variables work primarily through the adult survivor’s perceptions of the events of his or her childhood. This “current impact” variable, along with the current level of depression, work through an emotion-laden relationship variable—level of emotional flooding during couple conflict—to influence the relationship quality outcome variable. Treatment implications are discussed.     

Whose deaths matter? Mortality, advocacy, and attention to disease in the mass media

Diseases capture public attention in varied ways and to varying degrees. In this essay, we use a unique data set that we have collected about print and broadcast media attention to seven diseases across nineteen years in order to address two questions. First, how (if at all) is mortality related to attention? Second, how (if at all) is advocacy, in the form of organized interest group activity, related to media attention? Our analysis of the cross-disease and cross-temporal variation in media attention suggests that who suffers from a disease as well as how many suffer are critical factors in explaining why some diseases get more attention than others. In particular, our data reveal that both the print and the broadcast media tend to be much less attentive to diseases that disproportionately burden blacks relative to whites. We also find a positive link between the size of organizational communities that take an interest in disease and media attention, though this finding depends on the characteristics of those communities. Finally, this study also reveals the limitations of relying on single-disease case studies-and particularly HIV/AIDS-to understand how and why disease captures public attention. Many previous inferences about media attention that have been drawn from the case of AIDS are not reflective of the attention allocated to other diseases.