A Tale of Two Laws: The U.S. Congress Confronts Habeas Corpus Petitions and Section 1983 Lawsuits

Actions by state prisoners have comprised a large and growing body of litigation in the U.S. federal courts over the past thirty years. State prisoners can challenge the validity of their state trial court convictions (habeas corpus petitions) and the constitutionality of the conditions of their confinement to state prisons and jails (Section 1983 lawsuits). Currently, one out of every five civil cases filed in the federal system is brought by a jail or prison inmate. When in the past did these cases begin to arise? What is the present trend? What does the future hold concerning the number of cases likely to be filed? These questions are at the heart of the current research. Care is needed in addressing these queries because it is neither easy nor obvious to know what propels the volume of litigation. Moreover, the future is especially difficult to predict in light of recent legislation adopted by the United States Congress to limit the number of habeas corpus petitions and the number of Section 1983 lawsuits filed each year. The unique contribution of the current research is threefold. First, an improved methodology is used to describe past patterns and to forecast future trends. Simply stated, prisoner litigation is hypothesized to be related to the number of prisoners. As the number of prisoners increases, the volume of litigation increases proportionately. What is not obvious about this relationship is that it has persisted over the past decades despite substantial changes in legal doctrines designed to affect the filing of the litigation. Second, the effects of two major congressional actions passed in 1996 to limit prisoner litigation are examined and assessed for their success in achieving their intended objectives. The first of these, the Antiterrorism and Effective Death Penalty Act, which sought to restrict habeas corpus petitions, is judged to have virtually no impact. The second piece of legislation, the Prisoner Litigation Reform Act, which sought to curtail lawsuits against correctional officials, appears to have lowered the volume of litigation in the short‐term, but has not disrupted the underlying link between the number of prisoners and the number of lawsuits. Finally, estimates are made of the future volume of litigation and the corresponding number of federal judges needed to resolve prisoner litigation. These estimates have the advantage of being based on significant statistical relationships and accounting for the effects of recent congressional action.     

Violence and Sexual Coercion in High School Students' Dating Relationships

A review of the dating violence literature reveals a limited number of studies with high school students and few studies that investigate the contextual issues of violence, such as meaning, motivation, and consequences. The present study sought to investigate the extent of dating violence victimization in a New Zealand sample of senior high school students (aged 16 to 18 years) and the perceived reasons for the violence, emotional effects, disclosure of the violence, and relationship consequences. A questionnaire that contained both open-ended and forced-choice items pertaining to experiences of violence and its consequences was developed using material gathered from focus group discussions with high school students. Findings showed gender similarity in the extent of violence and a number of significant gender differences in the aftermath of violence, particularly in the area of sexual coercion. These findings are discussed in the context of future research and prevention of dating violence.     

The Myth of Female Credit Discrimination in African Manufacturing

Abstract

We examine credit constraint differentials between male and female manufacturing entrepreneurs using firm data from 16 sub-Saharan Africa countries. Small enterprises owned by female entrepreneurs are less likely to be credit constrained compared to their male counterparts, while this is reversed for medium-sized enterprises. A generalised Oaxaca–Blinder decomposition shows that the gap is predominantly a pure gender effect. We argue that this finding is mainly due to female favouritism in loans to micro and small firms because the gap is reversed for medium-sized enterprises and because we find no sign of superior female entrepreneurial performance in observable indicators.     

The Experience of Parents of Children in Care: The Human Rights Issue

There is a growing body of international literature about birth parents' negative experience of child protection services. This article reviews some of this literature and adds recent Australian materials to it. It is then argued that the over-reliance on “the best interest of the child” construct is the base from which these negative experiences emanate. The argument is that in adopting this construct parents' rights have been removed in favor of children's rights. This violates parents' human rights. Such an approach lacks balance, as human rights are inalienable and cannot be the exclusive property of only one party.     

Laos: “no place to hide”

Abstract

If the U.S. intervenes in the third world in the next decade it is likely to model its actions on experience in Laos rather than to duplicate the frustrations of Vietnam. While the two wars are similar in terms of destruction and dislocation of civilian populations (with Laos having sustained even greater devastation than Vietnam), the strategies directing them differ significantly. For in Laos, without introducing its own combat troops, the U.S. has secretly waged a more extensive war on foreign soil than any other nation in history. Incorporating the lessons of Vietnam, synthesizing previous Western experience in counter-insurgency, and operating almost exclusively through executive decrees, the American military in Laos has devised a pattern of warfare likely to become the quintessential model for future attempts to fight localized guerilla conflicts.     

Bringing the ‘economic’ back in;the case of nationalism

Marxism and Nationalism analyses the histroy of thinking on nationalism within classical historical materalism from Marx and engles themselves, through lenin and the Austro-Marxists to Gramsci. While it identifies variations in the degree of reductionism and economism involved, it finds a recurrent distorian due to the underlying errors of Marxist theory itself. The theorist who most escaped from these constraints was Otto Bauer. Nimni's analysis, while rich and suggestive, is however too indulgent towards nationalism itself, and fails to identify the enduring importance of economic factors in the rise of nationalist movements. Itis also mistakenly identifies as specific to marxism a belitting of nationalism that is common to much liberal and sociological thought.