WHEN DOES A REGULATION BECOME A TAKING? THE UNITED STATES SUPREME COURT'S MOST RECENT PRONOUNCEMENTS

Keystone Bituminous Coal, Irving, and Nollan are thus each consistent with paths taken in relevant precedents–the former two with “multifactor balancing” cases such as Penn Central and the latter with “enduring invasion equals taking” decisions such as Loretto v. TeleprompterM. However, can these twosets of precedents themselves be reconciled? I believe that the correct answer is “yes,” and that we therefore have another reason for asserting that Keystone Bituminous Coal and Nollan are consistent with each other. The tests are compatible in that the Court will first ask itself whether the regulation results in a longstanding occupation of property. If the answer is “yes,” it will declare a seizure then and there. Only if the answer if “no” will it proceed to balance.     

Tolerance and Liberal Justice

Tolerance, the mere “putting up” with disapproved behaviour and practices, is often considered a too negative and passive engagement with difference in the liberal constitutional state. In response, liberal thinkers have either discarded tolerance, or assimilated it to the moral and legal precepts of liberal justice. In contradistinction to these approaches I argue that there is something distinctive and valuable about tolerance that should not be undermined by more ambitious, rights‐based models of social cooperation. I develop a conception of tolerance as a complementary principle and an interim value that is neither incompatible with, nor reducible to, rights‐based liberalism. Tolerance represents a particular, non‐communitarian expression of the general dictum that the liberal state, having released its citizens into liberty, rests on social presuppositions it cannot itself guarantee.     

Re‐articulating Identity: The Shifting Landscape of Indigenous Politics and Power on the Ecuadorian Coast

The Levantamiento Indígena of 1990 was a defining moment in the advancement of indigenous politics in Ecuador. Following the uprising of 1990, scholars have paid close attention to the politics of identity and indigenous representation in Ecuador with the main focus being placed on the highland and Amazonian regions of the country. Based on fieldwork conducted in Ecuador's Manabí province, this article provides preliminary insight into the growth of an indigenous discourse on the Ecuadorian coast. I focus on the process of re‐indigenisation in the coastal community of Macaboa. This research is significant because while a great deal of scholarly attention has been paid to indigenous movements in Ecuador's highland and Amazonian regions, indigenous politics on the coast have gone largely unnoticed. The case outlined in this article is emblematic of the shifting nature of identity and the way in which ethnic discourses are increasingly being adopted by marginalised groups in their attempts to negotiate with the state.     

The RWJF Reclaiming Futures Initiative: Improving Substance Abuse Interventions for Justice‐Involved Youths

Juvenile justice systems in the United States do not always respond effectively to substance abuse problems among young offenders. In 2002, the Robert Wood Johnson Foundation launched a 10‐community demonstration project to address this problem. Reclaiming Futures (RF) relies on community partnerships to improve treatment quality, strengthen local leadership, expand inter‐organizational collaboration, and create systems of shared performance management. The initial findings of a cross‐site evaluation suggest that Reclaiming Futures is yielding important and positive change. Bi‐annual surveys of key informants measure the quality and integration of juvenile justice and substance abuse treatment systems in each community. Of 13 indices measured by the surveys, 11 showed significant improvements between 2003 and 2005.     

SUPERMAX INCARCERATION AND RECIDIVISM*

Since the early 1980s, supermax incarceration has emerged as a common feature of the American corrections landscape. This special type of high‐cost housing, which involves extended isolation with little programming or contact with others, remains largely unevaluated and is of interest for three reasons. First, the study of supermax housing offers a unique opportunity to understand the factors related to the successful reentry of offenders back into society. Second, it affords an opportunity to test the claims, many of which are grounded in mainstream criminological theory, that have been made about the putative effects of supermax confinement. Third, it provides an empirical touchstone that can help inform policy debates about the merits of such confinement. Examining data from the Florida Department of Corrections, we test competing hypotheses about the effects of supermax housing on 3‐year recidivism outcomes. We find evidence that supermax incarceration may increase violent recidivism but find no evidence of an effect of the duration of supermax incarceration or the recency of such incarceration to the time of release into society. We discuss the findings and their implications for theory, research, and policy.     

AN EXPERIMENTAL INVESTIGATION OF DETERRENCE: CHEATING,SELF‐SERVING BIAS,AND IMPULSIVITY*

This paper reports results from a randomized experiment in which 256 participants recruited to complete a survey could earn extra payment by cheating on a quiz. We report the first deterrence experiment that incorporates significant elements of situational and individual difference theories of crime into a single analytic framework. Consistent with extant deterrence research, the prevalence of cheating was lower when detection was more certain but not when the penalty was more severe. Further, cheating was more likely among participants with stronger present‐orientation, or who were prone to self‐serving bias.     

AGE,CRIMINAL CAREERS,AND POPULATION HETEROGENEITY: SPECIFICATION AND ESTIMATION OF A NONPARAMETRIC,MIXED POISSON MODEL*

This article addresses three issues that are central to the criminal career debate. First, is the life course of individual offending patterns marked by distinctive periods of quiescence? Second, at the level of the individual, do offending rates vary systematically with age? In particular, is the age-crime curve single peaked or flat? Third, are chronic offenders different from less active offenders? Do offenders themselves differ in systematic ways? Using a new approach to the analysis of individual criminal careers—based on nested, mixed Poisson models in which the mixing distribution is estimated nonparametrically—we analyze a panel data set that tracks a sample of males for more than 20 years. Our results provide empirical evidence in support of some features of criminal propensity theory and some in support of conventional criminal careers theory. In support of latent-trait criminal propensity theory, the individual-level average offense rate (per unit of time) varies as a function of observable individual-level characteristics and unobservable heterogeneity among individuals, and the age trajectory of the offense rate is generally single peaked rather than flat. On the other hand, in support of conventional criminal careers theory, models that incorporate a parameter that permits periods of active as well as inactive offending across age have greater explanatory power than those that do not. In addition, the nonparametric, discrete approximation to the population distribution of unobservable heterogeneity in the individual-level mean offense rate facilitates identification of four classes of offenders—nonoffenders as well as individual-level characteristics that are unique to each group. Problems of theoretical explanation and empirical generalizability of these results are described.