Liberty, Protection, and Women's Work: Investigating the Boundaries between Public and Private

During the Progressive Era, the U. S. state and federal courts considered constitutional challenges to protective labor legislation. While courts often struck down generalized protective legislation, they frequently upheld such legislation for women. I explore the reasoning in the cases decided between 1897 and 1923, showing that the courts developed understandings of liberty for women that differed from those for men. In opposition to traditional separate spheres reasoning, I show that the courts viewed men's exercise of liberty as depending on their private capacities to be free, while women's labor was subject to public control due to state interest in their reproductive capacities. I suggest that constitutional theorists who are studying substantive due process should place more emphasis on courts'conceptions of the subjects of due process guarantees rather than considering solely the challenged statutes'restriction of liberty. I develop a dynamic and complex understanding of liberty to capture this aspect of the relationship between constitutional theory and gender.     

Importance of radiological diagnosis applied to necroscopy

The authors evaluate the consequences of incomplete necroscopic examinations wherein it was impossible to apply radiological resources to locate firearm projectiles. The study includes 8185 reports from the Instituto Médico-Legal Afranio Peixoto in Rio de Janeiro, Brazil, representing the totality of corpses processed from January to December 2001; of these, 3122 were gunshot victims, 309 of which were buried with unremoved projectiles, being liable to future judicial reappraisal. During the same period, there were 23 exhumation requests by police authorities, 12 of them querying the existence of projectiles. The authors looked into the formal reasons assumed by the medico legal experts to conclude their reports from incomplete examinations, and suggest that gunshot necroscopic examinations should follow specific protocols, as incomplete autopsies will require further exhumations, at unnecessary additional costs.     

Prior Experiences as Temporal Frames of Reference in Social Justice: The Influence of Previous Fairness Experiences on Reactions to New and Old Supervisors

This paper focuses on the psychology of social change and social justice. Specifically, we focus on subordinates’ reactions to new and old supervisors, and we argue that in evaluating these different types of supervisors, subordinates may rely on prior fair or unfair experiences as temporal frames of reference. We further propose that a result of these frames of reference may be that previous fairness experiences have a bigger impact on subordinates’ reactions to subsequent neutral communications when an old rather than when a new supervisor is the source of that communication. Findings of two empirical studies indeed show that subordinates who had had fair experiences with a particular supervisor reacted more positively toward subsequent neutral messages when the communication was coming from the old supervisor rather than from the new supervisor. Subordinates who had had unfair experiences, however, reacted more negatively toward the communication when the source was the old rather than the new supervisor. Some evidence was also found for contrast effects such that people who react to a new supervisor may react more positively with the neutral demand from this authority figure when they have earlier experienced unfair as opposed to fair treatment by a different supervisory agent. These findings were obtained on subordinates’ satisfaction with the supervisors’ communication and their acceptance of the supervisor. Finally, we discuss the implications for the psychology of social change and social justice.     

A Purposive Approach to Employment Protection or a Missed Opportunity?

This note discusses how far the Supreme Court judgment in Autoclenz Ltd v Belcher and others provides grounds for a purposive interpretation of the contract of employment for employment protection purposes, or whether its scope is limited to the specific issue of considering the validity of boilerplate contractual terms. The author reflects on the approach taken by the Supreme Court and how far issues of inequality and substantive fairness within employment relationships have been addressed. The note concludes that whilst the judgment has extended the context of facts to be considered to include a consideration of relative bargaining power, this in itself does not extend to a consideration of substantive fairness nor does it clarify the standards that should apply to a fair employment relationship.     

行政法官在发展社会政策中的作用

<正>行政法官有一种严重的、在一定意义上属于低人一等的情结。①相比于"真正的"法官,他们对自身的地位过度敏感。然而他们在社会中的作用却使其他法官黯然失色。尽管他们的价值常常受到成本—效益(cost effectiveness)的衡量,但最重要贡献却在于社会政策的发展方面。②鉴于行政国家的发展,他们已成为政策发展的关键角色。正如伟大智者詹姆斯·兰迪斯(James Landis)所言:"对行