Lawyer Advertising and the First Amendment

A current Supreme Court case concerning lawyer advertising, In re R.M.J., is analyzed in the context of a discussion of the diverse state regulations governing lawyer advertising and solicitation. The article considers the regulations in terms of their constitutionality, their tendency to impede effective advertising, and the effect they have on the legal profession's provision of information to potential clients about the nature, availability, and cost of legal services. Analysis of the major commercial speech cases, from Virginia State Board of Pharmacy to Central Hudson, indicates that many state rules infringe on attorneys' First Amendment rights.     

Community Development Block Grant: The Role of Federal Requirements

The CDBG program provides an excellent opportunity to studywhat local governments do to carry out national policy whenit is stated in general terms and they are left to their owndevices, and what they do differently when policy is interpretedin explicit regulations which are enforced. This article reviewswhat happened with two major legislative guidelines (low incometargeting and community participation) during the first sixyears of the CDBG program, including a period during which HUDinterpretations and enforcement varied greatly. It appears thatstrong federal enforcement caused a small increment in low incometargeting overall; but rigorous HUD direction and enforcement,combined with strong citizen participation, was necessary forsome jurisdictions to emphasize targeting. The research is pertinentin the present era of attempts toward major relaxation of federalgrant conditions and enforcement programs.     

Anti-SLAPP Legislation and Environmental Protection in the USA: An Overview of Direct and Indirect Effects

Anti-SLAPP (Strategic Lawsuits Against Public Participation) protections lead to changes in the dynamic and complex interactions between private citizens, environmental regulators and polluting entities. Direct impacts are legally significant, but if our interest is in environmental and enforcement outcomes, indirect effects are likely to be more important. Changes in perceived legal and regulatory threats impact the choices of many parties who are never involved in an actual SLAPP suit. This paper describes the expected direction and type of interactions when anti-SLAPP protections are enacted and discuss the conclusions that follow from research to date.     

A prospective analysis of the relationship between childhood sexual victimization and perpetration of dating violence and sexual assault in adulthood

The majority of studies evaluating the relationship between childhood sexual assault and subsequent sexual assault perpetration by men have been conducted retrospectively and with incarcerated populations. The present study seeks to improve on previous research by prospectively investigating the relationship between childhood sexual assault and subsequent perpetration of dating violence in adulthood in men. Although there is a significant relationship between childhood sexual abuse and history of sexual assault perpetration at baseline, prospective analyses indicate that childhood sexual assault is not predictive of perpetration during the follow-up period. The role of family factors, including parental conflict resolution, is implicated in subsequent sexual aggression. These results are supportive of the idea that the effects of childhood sexual abuse may be mediated by a variety of factors.     

Violent Sex Offenses: How are They Best Measured from Official Records?

In the United States, sexually violent predator (SVP) commitment statutes generally require assessment of an offender's risk of subsequent sexual violence. Current actuarial methods for predicting sexual reoffending were actually designed to predict something else—charges or convictions for offenses deemed sexual based on information obtained from police “rapsheets” alone. This study examined the referral and past offenses of 177 sex offenders. Results showed that police rapsheets (and data based on them) underestimated the number and severity of sexually motivated violent offenses for which sex offenders were actually apprehended. Rapsheet violent offenses seemed a more accurate index of the conduct addressed by SVP legislation than were rapsheet sex offenses. We suggest that, when evaluating sex offenders for SVP status, actuarial instruments designed to predict violent recidivism (as measured by rapsheet violent reoffenses) might be preferable to those designed to predict sexual recidivism (as measured by rapsheet sexual reoffenses).