Potential through paradox: indigenous rights as human rights

This paper takes the ratification of the U.N. Declaration on the Rights of Indigenous Peoples as its departure point. Reactions to the Declaration have thus far been mixed. According to advocates, these events signal ‘a new consensus’ that brings ‘to an end the nation states’ history of oppression of indigenous peoples’. According to critics, however, we have uncritically assumed an alliance between human rights and Aboriginal rights initiatives. This paper draws on these conflicting accounts, the theories of Rancière, and a discussion of a current Canadian court case to offer an assessment of the political possibilities of the UN declaration. Overall we argue that the value of the Declaration rests on our interpretation of the political process by which these rights are enacted. The possibilities of rights-based politics are always contextually dependent. In some instances a human rights frame can represent radical repositionings and rearticulations while at the same time always risking the possibility of co-optation. The acts of politics, in particular acts of dissensus, are the key factors that will impact whether the Rights of Indigenous Peoples lead to transformation or to the reinforcement of the status quo.     

Undermining Gender Equality: Female Attrition from Private Law Practice

The number of women in the legal profession has grown tremendously over the last 40 years, with women now representing about half of all law school graduates. Despite the decades‐long pipeline of women into the profession, women's representation among law firm partnerships remains dismally low. One key reason identified for women's minority presence among law firm partners is the high level of attrition of women associates from law firms. This high rate of female attrition undermines efforts to achieve gender equality in the legal profession. Using a survey of 1,270 law graduates, we employ piecewise constant exponential hazard regression models to explore gendered career paths from private law practice. Our analysis reveals that, for both men and women, the time leading up to partnership decisions sees many lawyers exit private practice, but women continue to leave private practice long after partnership decisions are made. Gender differences in leaving private practice also surface with reference to cohorts, areas of law, billable hours, firm sizes, and career gaps. Notably, working in criminal law augmented women's risk of leaving private practice, but not for men, while taking time away from practice for reasons other than parental leaves, hastens both men's and women's exits from private practice.     

The Impact of COVID-19 Restrictions on Victim Advocacy Agency Utilization Across Pennsylvania

This brief report highlights the impact of the COVID-19 restrictions on the utilization of Victim Advocacy Agencies’ (VAAs’) services across Pennsylvania, using VAA utilization data from 2019–2020. VAA utilization data in this report were collected from 2019–2020 by the Pennsylvania Coalition Against Rape (PCAR). VAA utilization data were anchored to COVID-19 restriction timelines, defined by the Pennsylvania Office of the Governor. For each month, a percent change in VAA utilization (e.g., Jan 2020 utilization compared to Jan 2019 utilization) was calculated. A one-way ANOVA was run to assess whether the association between restriction phase and percent change in overall VAA utilization from 2019 to 2020 was statistically significant. A substantial decrease in VAA utilization was observed once lockdown restrictions were enacted, as well as a sustained decrease in utilization between 2019 and 2020. When restrictions were eased, an increase in service utilization was noted. This pattern of findings held for the three variables assessed: hotline utilization, new client, and medical accompaniments for FREs per month. The one-way ANOVA confirmed a statistically significant decrease in overall VAA utilization when comparing the most severe COVID-19 related restrictions to both pre-COVID and less severe restrictions. A variety of barriers (e.g., financial instability, loss of childcare, technology access, chronic physical proximity to abuser, hospital visitation restrictions, fears of contracting the virus) may result in decreased utilization of VAA services. Future research should investigate the relevance of potential causal mechanisms behind VAA utilization to help inform intervention approaches.

     

False positive and false negative rates in self-reported intentions to offend: A replication and extension

Purpose

Studies of criminal decision making commonly rely on college students’ self-reported intentions to commit a hypothetical offense. The current study evaluates the predictive validity of these intentions to offend.

Methods

Undergraduate students (n = 726) read a fictitious but seemingly realistic newspaper article describing an illegal opportunity for acquiring digital music files, and then reported their intentions to act upon the opportunity. Afterward, participants’ real world attempts to follow-through on the opportunity were monitored covertly.

Results

Findings reveal that participants who reported weak intentions to offend typically refrained from the act, resulting in a low false negative rate. However, those who reported strong intentions to offend also typically refrained from the act, thereby resulting in a high false positive rate.

Conclusions

These findings suggest that while participants’ predictions of criminal abstention are generally accurate, their predictions of criminal involvement are more problematic. Such faulty intentions have important implications for research on criminal decision making.     

Prior problem behavior accounts for the racial gap in school suspensions

Purpose

A large body of empirical research finds a significant racial gap in the use of exclusionary school discipline with black students punished at rates disproportionate to whites. Furthermore, no variable or set of variables have yet to account for this discrepancy, inviting speculation that this association is caused by racial bias or racial antipathy. We investigate this link and the possibility that differential behavior may play a role.

Methods

Using data from the Early Childhood Longitudinal Study, Kindergarten Class (ECLS-K), the largest sample of school-aged children in the United States, we first replicate the results of prior studies. We then estimate a second model controlling for prior problem behavior.

Results

Replicating prior studies, we first show a clear racial gap between black and white students in suspensions. However, in subsequent analyses the racial gap in suspensions was completely accounted for by a measure of the prior problem behavior of the student – a finding never before reported in the literature.

Conclusions

These findings highlight the importance of early problem behaviors and suggest that the use of suspensions by teachers and administrators may not have been as racially biased as some scholars have argued.     

QUESTIONING SEQUENCES IN CANADIAN POLICE INTERVIEWS: CONSTRUCTING AND CONFIRMING THE COURSE OF EVENTS?

A content analysis of 19 Canadian police interviews with adult witnesses revealed that several of the interviewing strategies used by officers ran counter to the recommendations in the literature. Specifically, interviewers interrupted the witness more than was necessary, rarely employed any cognitive techniques to enhance memory recall and asked far more closed than open-ended questions. Further, in terms of the sequencing of questions, a pattern emerged across interviews that suggested that officers first “help” the witness construct the event and then, through a rapid sequence of “yes/no” questions, seek to confirm the account. We argue that this pattern of questioning may suggest that officers are pursuing an assumed version of events and that exploring interviews from a sequencing perspective may prove beneficial in identifying possible biased versions of events.     

Book notes

Jean‐Pierre Cabestan, Le système politique de la Chine Populaire (No. 2863 in the series Que sais‐je) Paris: Presses Universitaires de France, 1994. 127 pp. ISBN 2–13–046516–1.

Frederick C. Teiwes Politics and Purges in China: Rectification and the Decline of Party Norms 1950–1965 Armonk, NY and London: M.E. Sharpe, 1993. 593 pp. $70.00, ISBN 1–56324–226–5. Paperback $27.95, ISBN 1–56324–227–3.

Erroll Hodge Radio Wars: Truth, Propaganda and the Struggle for Radio Australia Cambridge: Cambridge University Press, 1995. 324 pp. £35.00. ISBN 0–521–47380 2.

Richard A. Baker (ed.) The Anzus States and Their Region: Regional Policies of Australia, New Zealand and the United States Westport CT and London: Praeger, 1994. 228 pp. £51.95. ISBN 0–275–94693–2.     

Populism and Downing Street E-petitions: Connective Action,Hybridity, and the Changing Nature of Organizing

This article explores ongoing debates about whether new media empowers individuals at the expense of formal organizations, and how the nature of organizations/organizing is changing. Focusing on Downing Street E-petitions, it presents a content analysis of over 33,000 accepted petitions, analyzing who or what ‘sponsored’ each petition alongside interviews with petition creators. The analysis finds a wide range of ‘affiliations’, from formal groups to personal information, though many formal groups chose not to use the platform. In apparent support of the populist position, and contradicting resource mobilization theories, individuals created 19 of the 20 most signed petitions. Bennett and Segerberg’s (2013) theory of connective action, and Chadwick’s theories of organizational hybridity (2007) and the hybrid media system (2013) inform a detailed qualitative analysis of how petitions were promoted, and the nature of organization that underpinned this. The analysis finds that organizational structure(s) underpinning successful individual petitions were complex, with extensive organizational hybridity and petitioners exploiting hybrid media logics. Connective action was also apparent, though this did not fit as easily with practice on Downing Street E-petitions.     

Deaths Involving Methylenedioxypyrovalerone (MDPV) in Upper East Tennessee

Two deaths involving 3, 4‐methylenedioxypyrovalerone (MDPV) are reported. MDPV is a synthetic cathinone stimulant found in “bath salts” with neurological and cardiovascular toxicity. Biological specimens were analyzed for MDPV by GC/MS and LC/MS. A White man was found dead with signs of nausea and vomiting after repeatedly abusing bath salts during a weekend binge. Femoral venous blood and urine had MDPV concentrations of 39 ng/mL and 760 ng/mL. The second fatality was a White man with a history of drug and bath salt abuse found dead at a scene in total disarray after exhibiting fits of anger and psychotic behavior. Femoral venous blood and urine had MDPV concentrations of 130 ng/mL and 3800 ng/mL. The blood and urine MDPV concentrations are within the reported recreational concentration ranges (blood 24–241 ng/mL and urine 34–3900 ng/mL). Both decedents’ deaths were attributed to relevant natural causes in a setting of MDPV abuse.