The Structure of American Legal Institutions and the Diffusion of Wrongful‐Discharge Laws, 1978–1999

This article evaluates how the social structure of American legal institutions influenced the diffusion of wrongful‐discharge laws over the period 1978–1999, and it assesses whether economic or political variables influenced the diffusion process. The results are surprising and quite striking. Precedents by other courts within the same federal circuit region were generally more influential in the diffusion process than precedents by courts in neighboring states or by courts within the same census or West legal reporting region, even though the precedents were on matters of state law rather than federal law and the decisions were usually made by state courts rather than federal courts. There is some limited evidence that political variables may also have been a factor, but economic variables were not statistically significant, even though the new employment laws may have had important economic consequences.     

Paradoxes of Family Immigration Policy: Separation,Reorganization, and Reunification of Families under Current Immigration Laws

It is increasingly recognized that immigration laws affect immigrants' integration. Most recently there has been growing attention to how immigration enforcement affects families through forced separations caused by deportations and long‐term family separations across national borders stemming from unauthorized entry to the United States. However, beyond enforcement, there has been little systematic account of how other provisions of immigration law contribute to family separations. In this article we examine how four key provisions in immigration law, far from creating conditions for immigrant families to reunite, contribute to keeping families apart. As such, these provisions shape, in fundamental ways, the structure and composition of immigrant families. Relying on data from the American Community Survey and ethnographic interviews in Phoenix, Arizona, we find evidence consistent with the premise that immigration laws affect the formation, composition, and structure of immigrant families with potential long‐term consequences.     

A Better “Best Interests”: Immigration Policy in a Comparative Context

This conceptual article examines the role and limitations of the best interests standard in international and domestic policy, with a particular focus on how the standard is implicated in the treatment of unaccompanied minors in the United States. Motivated by emergent interdisciplinary scholarship on global youth and informed by a comparative consideration of best interests across other professions, we propose a new model of best interests. This model calls for a multidimensional recognition of youths’ family‐, community‐ and decision‐making contexts; acknowledgment of youths’ rights; and a commitment to speaking with, rather than for, young people. What results is a novel and dynamic understanding of best interests with relevance to scholars, practitioners, and policymakers.     

Laws and Roll Calls in the U.S. Congress, 1891–1994

Recent empirical studies of lawmaking activity by legislatures rely heavily on roll call based measures and assume that roll call activity reflects lawmaking activity. We question this assumption for the case of the U.S. Congress. We examine several plausible sources of dissonance between the set of enacted public statutes and the universe of recorded votes in the U.S. Congress, using a comprehensive dataset of public enactments and roll call activity between 1891 and 1994. Because only 11.9% of the bills signed into law receive a recorded vote in the House, only 7.9% receive a recorded vote in the Senate, and only 5.5% receive a recorded vote in both the House and Senate, we provide guidance as to when studying voting behavior is likely a reasonable proxy for lawmaking behavior. There are sometimes important differences between the laws that do and do not receive a roll call that researchers should account for when using roll calls to study lawmaking in the U.S. Congress.     

Childhood Fatalities in New Mexico: Medical Examiner‐Investigated Cases, 2000–2010

To better understand risk factors and populations at risk of childhood fatalities, a review of all records of childhood deaths (≤19 years) between 2000 and 2010 from New Mexico's statewide medical examiner was conducted. Annually, 313–383 childhood deaths were investigated (3820 total). Males and American Indians were overrepresented (62% and 20.4% of deaths, respectively). The most common manner of death was natural (44.8%), followed by accidental (31.4%), homicide (8.8%), suicide (8.8%), and undetermined (4.1%). Infants under 1 year of age accounted for 41.4% of deaths. Motor vehicle crashes were responsible for the majority of accidental deaths (69%), followed by unintentional overdoses (6.9%), and drowning (5.3%). Gunshot wounds, either intentional or unintentional, caused 10.7% of childhood deaths. Complete medico‐legal investigation of childhood fatalities is needed to provide public health agencies with adequate data to evaluate and prevent childhood deaths.     

Prison Suicides in South Australia: 1996–2010

Forty‐eight deaths occurring in prisons in South Australia were identified between January 1996 and December 2010, including 25 cases of suicide (mean age = 37 years; median age = 34 years; age range = 24–70 years). Most suicides were due to hanging (23/25; 92.0%) with victims using bedding, belts, or shoelaces attached to cell shelves, air vents, doors, or other accessible projections. There were no suicides attributed to drug overdose or sharp force injury. Over a third of all suicides (39.1%) occurred during the first month of confinement, with 26.1% of cases occurring within the first week. There was one suicide reported after 2 years of imprisonment. Given that suicide in state prisons currently occurs at a rate approximately eight times that of the general South Australian community, it appears that the subset of incarcerated individuals represents a group in need of effective preventive strategies to enable more appropriate provisions of existing prisoner resources.     

“Who Is a Homosexual?”: The Consolidation of Sexual Identities in Mid‐Twentieth‐Century American Immigration Law

This essay uses court records to trace the federal government's attempts to regulate homosexuality among immigrants in the mid-twentieth century, asserting that such attempts illustrate the state's struggle to make homosexuality visible, to produce a homosexuality that could be both detected and managed. I focus on the process by which two competing paradigms for understanding homosexuality (status and conduct) were consolidated into a single model in which homosexual identity could be deduced from homosexual acts. Federal officials and the courts initially treated homosexuality as a form of conduct, most commonly deporting homosexual aliens for having committed crimes of moral turpitude. Later, these same government entities relied on status provisions, deporting immigrants charged with homosexuality as aliens "afflicted with psychopathic personality." While the "psychopathic personality" terminology supported the notion that the homosexual was a kind of person rather than a set of behaviors, it also depended upon psychiatrists to support the claim that homosexuals were by definition psychopathic. When many psychiatrists distanced themselves from that idea, the government refused psychiatric opinion that differentiated psychopaths from homosexuals by arguing that these terms connoted legal-political rather than medicalized identity categories. While this conception arose out of a conservative impulse by immigration officials and the courts to fix homosexuality as identity so that it could be regulated (by bureaucrats rather than psychiatrists), I argue that the emphasis on legal-political identity categories licensed a conception of the homosexual as a kind of citizen that had some emancipatory as well as repressive effects.     

Methadone‐Related Deaths – Epidemiological,Pathohistological, and Toxicological Traits in 10‐year Retrospective Study in Vojvodina,Serbia

The number of methadone‐related deaths (MRDs) during a 10‐year period (2002–2011) in the region of Vojvodina, Serbia, was increased. The cases were evaluated according to epidemiological parameters, pathohistological findings, and toxicological screening. The majority of victims were men, aged from 20 to 38. Pathohistologically, the signs of acute focal myocardial damage were present in the heart of victims with drug abuse history shorter than 2 years, while both signs of recent and chronic focal myocardial damage were developed among victims with longer drug abuse history (2–5 years). In postmortem blood samples of 54.84% of victims, methadone was detected in combination with diazepam, both in therapeutic range. Alcohol was absent in most cases. Other detected drugs were antipsychotics and antidepressants in therapeutic concentrations. These findings raise the attention to the concomitant use of methadone and benzodiazepines with the need for further studies to clarify the mechanism of death in such cases.     

Expanding Geographies of Deportability: How Immigration Enforcement at the Local Level Affects Undocumented and Mixed‐Status Families

This article examines the impact of policies and programs that have expanded immigration enforcement from the federal to the local level. Drawing from in‐depth interviews with over sixty individuals who are members of undocumented or mixed‐status families, I discuss how these initiatives have extended the geography of deportability from traditional sites that focus explicitly on immigration enforcement (e.g., the US–Mexico border) to more nontraditional sites in the public sphere (e.g., driving under the influence checkpoints or grocery stores). I demonstrate how this intensification of enforcement strains undocumented immigrants’ resources as well as their participation in school, work, and their communities.     

Negotiating Citizenship on the Frontlines: How the Devolution of Canadian Immigration Policy Shapes Service Delivery to Women Fleeing Abuse

This article examines how nongovernmental service providers navigate devolutionary trends in Canada, in both immigration control and integration policy, when responding to migrants who come to them for help and support. Drawing upon conceptualizations of citizenship as a “negotiated relationship” ( Stasiulis and Bakan 2003 ), I explore how social service providers, who work amidst a complex interplay of federal, provincial, and local policies, can influence both who is deemed worthy of social membership and what rights an individual can successfully claim from the state. Empirically, this article focuses on observation of community meetings and conversational interviews with service providers in violence against women shelters in Toronto, Ontario, Canada's most populous and diverse city. While service providers navigate different levels of government to advocate for women's rights to seek safety from abuse, I argue that both individual service providers and the organizations in which they work monitor and constrain the degree to which they openly challenge state authority to restrict immigrants' “right to have rights” ( Arendt 1951 [1979] , 296).     

Social Network Analysis and the Diffusion of the Strict Liability Rule for Manufacturing Defects, 1963–87

This article reports the results of a study that uses social network analysis to compare the persuasiveness of legal precedents in the diffusion of the strict liability rule for manufacturing defects. This new study tests which legal precedents were most influential and also whether certain state judicial variables influenced the diffusion process. The results are striking. The federal circuit regions appear to define an important reference group in the diffusion process, and social network effects dominate economic and political variables. In addition, the de facto separation of powers in the enactment of new state legislation appears to influence courts' propensities to adopt the strict liability rule. When the executive and legislative branches were controlled by the same political party, regardless of whether it was Republican or Democratic, state courts were more inclined to adopt the strict liability rule.     

The Increasing Effectiveness of National Gender Quotas, 1990–2010

National gender quotas—policies that require a certain percentage of women candidates or legislators—are becoming more effective over time. Using data on 145 countries from 1990 to 2010, we document this trend with latent growth‐curve models. Part of the explanation for increasing effectiveness is that countries have ratcheted up targets for women's inclusion and that quotas are increasingly written in ways that make them more effective at achieving stated goals. Activists, political elites, and policy makers have learned over time which quota policies are most effective, resulting in quotas with provisions that more often lead to success. But, changes in rules alone do not account for the increasing effectiveness of quotas over time. It appears that changing norms about women's incorporation in politics are also increasing quota effectiveness regardless of policy design.     

Cattle‐Caused Fatalities in a Province of Western Turkey: 1996–2010 Autopsy Results

Cattle‐caused injuries and deaths are much more than predicted. The aim of this research is to determine the prevalence of cattle‐caused fatalities and the factors affecting it in a province of western Turkey. The court files on cattle‐caused fatalities during a 15‐year period between 1996 and 2010 were explored. The proportion of forensic‐qualified deaths from the total of 3753 was 0.9% (35/3753). Most of the cases were between the ages of 18 and 65 (60%). Most deaths occurred in the spring and summer months compared with autumn and winter months (9 and 22 vs. 3 and 1, respectively). The mortality rate was much higher in men compared with women (94.3% and 5.7%, respectively). The majority of deaths were caused by injuries on the chest (71.4%). The reason for most deaths was due to hemopneumothorax and lung injury (71.4%). Predicting the behavior of cattle may not always be possible, as such, it is advisable that one wears protective equipment when dealing with cattle.     

Uncertainty and Roll‐Call Voting in Lame‐Duck Sessions of the U.S. House, 1969–2010

Lame‐duck sessions of Congress have become increasingly common of late. Such sessions are marked by higher levels of ideological and participatory shirking among departing members, creating a more uncertain legislative environment. I investigate the consequences of such shirking on coalition formation and roll‐call behavior. I analyze House roll‐call votes held in the 12 congresses that convened lame‐duck sessions from 1969 to 2010 (91st to 111th Congresses) to assess how roll‐call behavior changes across sessions. I find subtle but statistically significant changes across sessions consistent with claims regarding greater uncertainty in roll‐call voting in lame‐duck sessions.     

Evaluation of Non‐Natural Deaths among Veterans: New Mexico Medical Examiner‐Investigated Deaths, 2002–2011

While it is recognized that veterans have increased rates of depression, post‐traumatic stress disorder (PTSD), suicide, and substance use disorders, rates of homicide and unintentional injury deaths in veterans have been minimally investigated. We evaluated all non‐natural deaths in New Mexico veterans between 2002 and 2011 in comparison with non‐natural deaths among non‐veterans. We reviewed all decedents in New Mexico with a history of military service and investigated by the medical examiner, excluding natural deaths and deaths due to fall from standing height. The most common manner of death was unintentional injury (62%), most of these deaths due to motor vehicle accidents (29%) followed by unintentional overdose (26%). Suicide rates among veterans were consistently higher than the general population. The most common mechanism of suicide in men was gunshot wound (72%), and intentional overdose in women (49%). Services are needed for veterans that are tailored to all ages and both sexes.