Trauma‐Informed Approaches to Juvenile Justice: A Critical Race Perspective

Youth of color experience disproportionate juvenile justice contact and recidivism. Trauma‐informed approaches may provide important support to these youth and improve their future outcomes. This paper describes dynamics of the various levels of the juvenile justice system (i.e., police contact, courts, correctional placement, aftercare) that perpetuate psychological trauma among adjudicated youth of color. This paper explores trauma‐informed approaches from a critical race theory perspective to address issues of systemic racial injustice in the juvenile justice system. Current and emerging models for trauma‐informed juvenile justice and implications for practice, policy, and research are discussed.     

Capitalist Punishment: Ethics and Private Prisons

One of the results of Western capitalism has been the increasing pressure for the privatization of the criminal justice system. Although there has long been private or nonprofit involvement in corrections, a newer response has been to turn entire prisons over to private enterprise, or to pay private prisons to house state or federal inmates. Progressively, then, inmates once completely devalued as social junk are being valued as commodities to be sought after. This paper attempts to discuss a series of issues around private prisons. As we can only look at several issues in one paper, we shall concentrate our attention on construction, operating costs, accountability and broader ethical questions. This revised version was published online in July 2006 with corrections to the Cover Date.     

社会主义和谐社会：认识监狱价值的新视域——论当下监狱的多重价值

认识监狱的多重价值对科学、准确的定位监狱、发挥监狱的职能具有重要的意义。在构建社会主义和谐社会的进程中,我们应该摆脱传统的对监狱仅仅定位于专政职能、国家暴力的层面,进而从刑罚学、社会学、人学、心理学以及法制现代化的多重视角来认识监狱、矫正罪犯。社会主义和谐社会开辟了我们认识监狱价值的新视域。     

Integrating Critical Race Theory and Postmodernism Implications of Race, Class, and Gender

This paper begins with an overview of criticalrace theory tenets, which in turn will befollowed by an overview of postmodernism. These bodies of knowledge consist of an arrayof ideologies; but for the purpose of thisarticle only the fundamentals of each will bediscussed. Thereafter, an integration ofthese two contemporary areas of thought willdemonstrate the constructive linkage ofcritical race theory and postmodern theory. Theintegrations that follow will emphasize how acollaboration of critical race theory tenetsand postmodern thought can contribute to asuccessful, and more importantly improved,analysis of the social constructions of race,class, and gender. In addition, theintersectional analysis presented willdemonstrate a more informative and betterunderstanding of the subtleties of blatant andmore hidden forms of race, class, and gender.     

Consequences Matter More: In Defense of Instrumentalism on Private Versus Public Prisons

Alon Harel wants to show that punishment is a kind of symbolic expression that, as a matter of metaphysical necessity, can only be performed by governmental agents. Contrary to Harel, I argue private agents can in fact realize those features he argues only public agents can realize. I also argue that, even if he were right that only public guards and wardens can punish, it’s unclear why we would have an all-things-considered rather than merely a pro tanto/prima facie duty to punish. An instrumentalist can grant Harel that only state employees can punish, but still decide, on instrumental grounds, to reject public punishment in favor of private “schpunishment.”     

Race,Care Work,and the Private Law of Inheritance

Hartog, Hendrik. 2012 . Someday All This Will Be Yours: A History of Inheritance and Old Age . Cambridge MA: Harvard University Press. Pp. 353. $29.95 cloth. In Someday All This Will Be Yours, Hendrik Hartog (2012) examines how private inheritance law structured the strategies people used at the turn of the twentieth century to induce relatives to care for them as they aged. Reading it as a book about social inequality and the family reveals how wealth, gender, and race not only worked to deny claims of marginalized caregivers but also to hide the way these social hierarchies affect family life. Although race does not figure in Hartog's analysis, highlighting its latent presence illustrates the often unspoken yet fundamental role race plays in legal regulation of families.     

"大国际私法观"辩正

大国际私法观缺乏学科学理论的支持,对其所负任务的认识也不够清晰科学.国际私法的范围应当根据实际的需要来加以确定.当前,国际私法的主要目的是解决在涉外民商事交往中或在处理涉外民商事争议时所出现的法律问题,因此,它的范围应当从处理涉外民商事案件的过程加以判断和确定.我国传统大国际私法观所包含的内容也应据此作出相应的修正.     

主权的比较视野:宪政在英国和美国

在此次纪念詹姆斯·麦迪逊演讲中,上议院议长,欧文·莱尔格勋爵评述了美国宪法至上和司法审查体制与英国不成文宪法强调无司法审查的议会主权具有许多共同之处。尽管这两个体系经常被认为是极端对立的,欧文勋爵指出其实二者都是在民主政治的背景下运作,且殊途同归,区分并联系着     

A Recent Look at U.S. Prisoners in Mexican Border Prisons

There is little analysis of the impact of the United States on Mexican prisons. This research examines the presence of United States citizens and the “War on Drugs” in Tamaulipas, Mexico, prisons. There has been a marked increase in the number of U.S. citizens, and prisoners, in general, in Tamaulipas prisons in the last three years (90% of these are incarcerated for drug trafficking). This increase is attributed to Mexican President Salinas' active support for the “War on Drugs” and success in capturing narcotics traffickers. This has led to overcrowding in Tamaulipas border prisons, in comparison with Victoria located in the interior. We also interviewed U.S. prisoners located in Reynosa State prison. The majority indicated abuse at the hands of Federal Judicial Police while arrested, and were planning to transfer out of Mexico through the Mexican-U.S. treaty exchange.     

国际私法上公共秩序保留制度之比较研究

本文在比较各国有关公共秩序保留制度的学说及立法与司法实践的基础上,对这一制度从其产生之基础、功能与缺陷、"公共秩序"的含义、公序保留所排除的对象、公序保留之后的法律适用及其与其他相关制度,如识别、直接适用法和单边冲突规范的关系等多个角度进行解析,进而对我国国际私法中公序保留制度的设计提出一些建议.