MOTHERHOOD AND CRIMINAL DESISTANCE IN DISADVANTAGED NEIGHBORHOODS*

Evidence from several qualitative studies has suggested that the transition to motherhood has strong inhibitory effects on the delinquency and drug use trajectories of poor women. Quantitative studies, however, typically have failed to find significant parenthood or motherhood effects. We argue that the latter research typically has not examined motherhood in disadvantaged settings or applied the appropriate statistical method. Focusing on within-individual change, we test the motherhood hypothesis using data from a 10-year longitudinal study of more than 500 women living in disadvantaged Denver communities. We find that the transition to motherhood is associated significantly with reductions in delinquency, marijuana, and alcohol behaviors. Moreover, we find that the effect of motherhood is larger than that of marriage for all outcomes. These results support the qualitative findings and suggest that the transition to motherhood—and not marriage—is the primary turning point for disadvantaged women to exit delinquent and drug-using trajectories.     

Rethinking Regime Politics

Many recent studies of “regime politics” argue that judicial review is ultimately used to promote the interests of the dominant governing regime. I explore this claim by evaluating whether the invalidation of federal laws by the US Supreme Court fits the empirical expectations of the regime politics approach. I find that the Court frequently invalidates statutes when (1) the ideology of the Court diverges from that of the sitting elected branches (suggesting that the Court does not fear sanctions or nonimplementation), and (2) the ideology of the sitting elected branches converges with that of the elected branches that enacted the statute (suggesting that the Court is defying the sitting elected branches). My findings suggest that the Court does not primarily use judicial review to promote the interests of the dominant governing regime.     

Women in the Nigerian judiciary: considerable headway or organised progress?

ABSTRACT

Women have made considerable progress in terms of their entrance into the legal profession, such that they are advancing towards parity with men on the High Court benches in Nigeria. This study is a product of qualitative empirical data gathered from interviews with judges and information gleaned from government records and personal files of judges in the Archives of the judiciaries in Mid-Western Nigeria. It identifies reasons for the increase in the number of women on the High Court Bench in the area. Women entering the legal professions in Nigeria from the 1930s opted for a career in government legal service and the Magistracy with less financial remuneration but regular work hours, than in private legal practice that provides higher remunerations and irregular work hours. Findings reveal that the number of women judges increased when it became fairly established to tunnel 90% of appointments to the High Court from these channels. The preliminary conclusion therefore, is that, although women lawyers have made considerable headway as High Court judges, the increase in their numbers on the High Court bench was not as a result of any organised policy to increase the number of women judges in Nigeria.     

‘It’s Not OK’, but ‘It’ never happened: parental alienation accusations undermine children’s safety in the New Zealand Family Court

ABSTRACT

While the public campaign slogan in New Zealand when referring to family violence, is ‘It’s Not OK’, many women in New Zealand report that the Family Court prefers the catchphrase ‘It never happened’. When women and children escaping violence and abuse reach out to the New Zealand Family Court for protection believing the justice system will help them, they often enter an alternative reality where they are not believed and are subsequently made less safe. This is particularly so for those women whose well-founded fears for their children’s safety get reinterpreted as evidence of a deliberate attempt to alienate the children from their fathers. The Backbone Collective, an independent organisation, surveyed New Zealand women about their experiences in the Family Court, finding that many women reported being accused of parental alienation. This paper investigates the sources of these allegations of parental alienation and how they impact mothers and their children. We argue that the use of parental alienation in the New Zealand Family Court is undermining the international rights of children.     

Barriers to marriage and motherhood: the experiences of disabled women in Malaysia

ABSTRACT

The conceptualisation of disability is contested globally and issues in gender studies further complicate the movement towards the development of an inclusive and equal society. However, most disability and gender research studies are based on the data collected in the Global North, and little is known about disabled women in the Global South. The data presented here is from a bigger study focusing on the lived experiences of women with disabilities. This paper sets to explore how disabled women in Malaysia experience their lives in terms of marriage and motherhood prospects. The data of this qualitative study was collected from a set of in-depth interviews involving 32 women in Malaysia with physical (mobility) impairment. Over a period of 6 months, 16 Malays, 8 Chinese and 8 Indian women were interviewed twice. The analysis proposes both retrospective and introspective accounts on marriage and motherhood. The data gathered from the in-depth interviews was transcribed and analysed thematically with the help of NVivo software. The findings indicated that most participants have experienced significant barriers concerning individual constraints, familial control, and societal barriers. These were discussed with the intrinsic aspects and contextual factors of living in a patriarchal and traditional society that significantly undermined the wellbeing of disabled women in this study. Nevertheless, many of those interviewed refused to give up their hope of having a family life despite the constant struggles they encountered in their pursuit of happiness. However, their aspirations to experience family life were restricted and this caused them to experience significant psycho-emotional problems. They were constantly reminded that they were ‘disabled’ and not worthy of experiencing life like other women. The paper will discuss these challenges and negative societal attitudes towards the issue.     

Justices,Political Actors,or Both: An Exploration of the Brandenburg Line Through the Regime Theory Lens

Regime theory seeks to explain decisions by the Supreme Court of the United States by noting that justices tend to decide cases in ways that align with the prevailing political ideology. The theory emerged from political science literature and has not been explored regarding communication law. This article tests regime theory against the progression of seven Supreme Court precedents that led to the threatening speech test established in Brandenburg v. Ohio. The test is traditionally viewed as the fruit of about a half-century of deliberate judicial evolution. The analysis found regime theory helped explain the Court's progression and decisions in this line of cases, but contained some notable weaknesses.     

Expertise,Experience, and Ideology on Specialized Courts: The Case of the Court of Appeals for the Federal Circuit

What roles do prior expertise and accumulated experience play in shaping ideologically consistent voting on a specialized court? Using a dataset of obviousness patent cases from the Court of Appeals for the Federal Circuit spanning 1997–2007, we show that prior expertise enhances the influence of ideology on judicial decisionmaking, but that accumulated experience does not. In addition, we build on previous work and show that ideology is a factor in decisionmaking in technical areas of law, contrary to the received wisdom on patent cases.     

Women,the Home and Resistance in Northern Ireland

Abstract

This paper provides a perspective on women's resistance in Northern Ireland by focussing on their experiences of house raids. In light of a growing literature on women in conflict with the state, it argues that women have become increasingly politicised and organised in their resistance to repeated incursions into the home by the security forces which have ruptured traditional boundaries around relations of motherhood, home maker and sexual privacy. Based on a qualitative study of one hundred women in Northern Ireland, this paper suggests the coercive agents of the state have played a significant role in both the individual and collective resistance of women. Paradoxically, it seems, the security forces have become agents of change whereby the exposition and violation of the home has been one of the forces which has nurtured and defined women's political consciousness.     

WOMEN'S AND MEN'S VIEWS OF MEDIATION IN VOLUNTARY AND MANDATORY MEDIATION SETTINGS

This article reports findings regarding women in mediation from a combined group of 184 persons who received mediation services from the Alameda County Superior Court Family Court Services or the Northern California Mediation Center. This empirical study refutes many of the criticisms of mediation by some feminist critics of the process.     

Libertad de expresión y discurso homofóbico en méxico: ¿es correcta la teoría constitucional de la suprema corte?

The article discusses a recent decision by the Mexican Supreme Court whereby damage resulting from the use of discriminatory language may in certain cases appropriately counterweight freedom of speech. The ruling expresses thesis at three different levels, all of them relevant from the viewpoint of constitutional theory. First, it expresses a vision of the kind of exercise the Court should deploy when reviewing sentences in amparo: it is a maximizing vision that the author considers to be fundamentally correct. At a second and third level, with different degrees of specificity, it proposes a particular constitutional reading for the revision of the case at hand. On this count and given the relevant historic-constitutional context, the article celebrates the Court's willingness to counterweight free speech with antidiscrimination-based considerations, though in terms of the sub-rules of decision used to pin down the general reading it identifies both successes and failures.     

Family Leave and Law Enforcement: A Survey of Parents in U.S. Police Departments

The women of United States police departments challenge traditional gender role expectations by exhibiting equal competence in a job with a masculine identity. Women also modify police culture in a myriad of ways, one of which is through the special work-related needs that accompany motherhood. Results from a survey of police officers suggest that gendered perceptions regarding work and family persist indicating that a value shift within police departments has occurred. Findings derived from qualitative responses suggest that women’s entry in policing, along with shifting societal attitudes about work and family, could transform the institution’s “hegemonic masculinity,” an enduring characteristic of many police departments.     

The Complex Relationship Between Motherhood and Desistance

Using a sample of 118 drug-involved women originally released from prison in the 1990s and re-interviewed between 2010 and 2011, this paper examines the role motherhood played in the desistance process from crime and substance abuse. Interview narratives revealed that motherhood rarely functioned as a turning point per se that activated desistance, but caring for children did serve to solidify prosocial identities once offenders had transformed their addict/criminal identities. Despite their identity transformations, however, the journey of desistance for the majority of mothers was still a long and arduous path. The reality for these mothers most often resembled a hostile terrain marked by the competing demands of battling addiction, finding employment and suitable housing with a criminal record, establishing visitation and custody rights in family court, and regaining the trust of children and family members who had long ago lost faith in their commitment to their families. This research illuminates the complexities inherent in the desistance process for a contemporary sample of drug involved adult women entrenched within the criminal justice system.     

The Role of Domestic Courts in the Case Law of the International Court of Justice

Recent legal scholarship has argued that the traditional hierarchicalrelationship between international courts and domestic courtshas been replaced by a relationship characterized by such featuresas co-operation, communication and dialogue. This article examinesto what extent the practice of the International Court of Justicesupports that development. It concludes that the while the caselaw of the International Court of Justice remains largely rootedin the traditional perspective, in which decisions of domesticcourts are just facts, in recent cases we can see some evidencefor a more complementary relationship.     

‘Done to death by father or relatives’: Irish families and infanticide cases, 1922–1950

In February 1929 the Bishop of Ossory commented on the fact that in Ireland illegitimate infants were often ‘done to death by father or relatives’ (Irish Catholic, 16 February 1929). There were many instances where family members of unmarried women who gave birth were the sole defendants or co-defendants in infanticide cases in post-independent Ireland. Although illegitimate infants were ‘done to death’ by their fathers in a number of cases that were tried at the Central Criminal Court in Dublin between 1922 and 1950, this article will focus on cases where infants were murdered or suspected of having been murdered by relatives of the birth mother both in the Twenty-Six Counties and in Northern Ireland (Irish Catholic, 16 February 1929). For the purposes of this article I have referred to the murder of illegitimate infants as ‘infanticide’ even though there was no separate charge of infanticide in the Irish Free State until 1949. The English infanticide acts of 1922 and 1938 also applied to Northern Ireland. This article discusses the motives of the relatives of single mothers who played a part in the deaths of illegitimate infants. Unmarried motherhood was severely frowned upon in Ireland and the relatives of single pregnant women assisted their female kin in destroying the evidence of extra-marital conception in order to protect the family's honour and moral reputation in the wider community. The records of infanticide trials provide a great deal of insight into the ways in which mainly working-class families dealt with the strain of pregnancy outside wedlock in Ireland between 1922 and 1950.     

Immediate Effect of Community Law in the New Member States: Is there a Place for a Consistent Doctrine?

Abstract: Extension of the acquis to the new Member States raises a number of questions relating to the temporal reach of Community rules. This paper examines a general doctrine underlying the solutions. It presents a classic intertemporal doctrine, which has influenced early jurisprudence of the European Court of Justice. Then, it comments upon the cases brought before the Court in the context of the 1995 enlargement, the entry into force of the EEA Agreement and also the Europe Agreements. These cases evidence substantial differences in the attitudes taken by the national courts, the Advocates General and the Court. One reason for divergence is that the line of reasoning adopted by the Court carries several interpretative difficulties characteristic of the classic doctrine. Secondly, controversies arise in the instances where the Court takes a proactive attitude, which is difficult to reconcile with the traditional scheme. It is argued that greater attention to the structure underlying the reasoning would help to strengthen justification of the Court's solutions and enhance their predictability. This is the more important, as the forthcoming accessions are likely to bring new disputes relating to the effects of Community law in time.     

Shifting Conceptions of Sexual Discrimination at the Court of Justice: from P v S to Grant v SWT

Decisions of the Court of Justice have challenged traditional notions of sexual discrimination. In P v S and Cornwall County Council, the Court held that discrimination against transsexuals was contrary to the 1976 Equal Treatment Directive. However, in Grant v South‐West Trains, the Court rejected arguments that Article 119 on equal pay prohibited discrimination on the basis of sexual orientation. This article contrasts the two decisions, and in particular focuses on the inconsistencies in the Court's definition of what constitutes sexual discrimination. The article further considers the underlying factors which may have influenced the Court's judgment, including the moral dimension and the political context of the two decisions. Finally, there is a discussion of the merits of equality litigation strategies, in particular at the Court of Justice.     

A Refugee from Justice? Disparate Treatment in the Federal Court of Canada

This article paints a troubling picture of disparate treatment in the Federal Court of Canada. Examining more than 600 immigration and refugee claims, the results link judicial action to litigants' representation, their demographics and national region, and the background and ideology of the judges involved. When compared with prior research in Canada and similar studies from the United States, the findings suggest that an applicant in search of a just result would do as well to hire an experienced lawyer and hope for a sympathetic judge as to prepare an excellent appeal. Canada's immigration process requires greater attention so that the reality of its operation matches the promise of the nation's intentions.     

The Child in European Human Rights Law

This article examines the category of ‘the child’ in European human rights law, based on an analysis of the child‐related jurisprudence of the European Court of Human Rights. It argues that a full account of legal selfhood is constructed through the notion of ‘the child’ in this jurisprudence. The two notions – of ‘the child’ and ‘the self’ – are, from the outset, mutually dependent. The conceptualisation of ‘the child’ in human rights law is underpinned by an account of the self as originating in another and childhood is cast as enabling self‐understanding by making possible the formation of a narrative about the self. The vision of ‘the self’ that emerges is one of ‘the narrative self’, and I assess the implications of this both for the idea of childhood in which this narrative originates and for the vision of the human condition that is expressed in European human rights law more broadly.     

Progress, Unity, and Democracy: Dissolving Political Parties in Turkey

In this article, I analyze two cases where the Turkish Constitutional Court dissolved political parties during the 1990s. Specifically, I examine the cases against the Islamist Refah (Welfare/Well-Being) Party and the pro-Kurdish Halkin Emek Partisi (People's Labor Party). While the former was charged with threatening the secular basis of the national social order, the charges against the latter were around its allegedly separatist character. I engage in an in-depth analysis of the lines of argument in the indictments, arguments of defense deployed by the parties, and their ultimate contestations as they appeared in the final decisions by the Court. I see the Court as engaging with a medley of themes and tendencies, [trying to resolve them for the case at hand]. I argue that despite the differences in the construction of the alleged threats, in both cases the Court deployed a similar image of the ways in which social, political, and judicial terrains interact. A rather arbitrary boundary between the political and cultural domains informs these decisions. The Court operates with the understanding that once this boundary is transgressed, what may be harmless when an issue is cultural—such as the use of the headscarf or of the Kurdish language—may turn into a political symbol threatening the basis of the united, democratic, and progressive nation-state. In this vision, the concepts of democracy, progress, and unity are intimately tied together such that the threat to one of these concepts almost simultaneously constitutes a threat to the other two. The Court imagines itself as protecting the boundary between the political and cultural domains in an effort to uphold the right of a democracy to protect itself. This line of thought also enables the court's rather routine involvement in the political domain—which has brought about eighteen decisions for political party dissolution since 1980.     

DO LOWER COURTS ANTICIPATE CHANGES IN SUPREME COURT POLICIES?: A Few Empirical Notes

This paper takes advantage of the change from the Warren Supreme Court to the Burger Supreme Court to investigate a phenomenon not usually examined in judicial impact research—anticipatory reactions. The research question is whether and under what circumstances federal courts of appeals anticipate changes in policy by the Supreme Court. Changes in the citation of Warren Court civil liberties decisions from the Warren Court era to the early Burger Court era are used to evaluate this question. It is hypothesized that moves away from Warren Court decisions would be greatest for decisions which received minimal support on the Warren Court and for important or salient policies. Contrary to these expectations it was found that during the Burger Court era the number of citations of Warren Court decisions actually increased, the percentage of positive citations increased, and the increases were greatest for decisions receiving minimal voting support on the Warren Court and for decisions classified as important.