Staging incapacitation: the corporeal politics of hunger striking

This essay examines the ongoing hunger strikes at Guantánamo Bay detention camp. Through an analysis of news media compiled by journalists reporting on the timelines of the strikes, and various prisoner testimonials, I contextualize how hunger striking has been historically understood to be grounds for emancipation from, and resistance to, state violence and carceral techniques. I further present an analysis of the 1981 Irish death fast to consider how prisoners’ resistance to corporeal wholeness comes to function as a viable form of political self-expression. Focusing on both the state’s suppression of embodied protest as well as the weaponization of the prisoner’s body, I argue that although geopolitically different, in both the Guantánamo and Irish strikes, forms of corporeal incapacitation function as the mechanisms through which protest and discipline register.     

Private health insurance in Uganda: bridging the gap in public health provision?

This article discusses two organisations currently providing voluntary private health insurance in Uganda and considers their contributions to bridging the gap in provision in the country's public health sector.     

Flexible enforcement and fine adjustment

This paper considers the level of, and changes in, optimal noncompliance penalties under the following conditions: (i) where the regulator responsible for setting policy parameters, such as a penalty, is different from (and thus may have a different objective from) the regulator responsible for enforcing existing regulations; and (ii) where enforcement behavior changes from one in which enforcers are unresponsive to overtures on the part of firms to increase compliance to one in which enforcers are responsive to such overtures. The model developed shows that when enforcers “switch” from unresponsive to responsive enforcement, the optimal penalties for noncompliance need to be reduced. The analysis also gives insights as to what variables dictate the degree of penalty reduction.     

The Paradox of Probation: Community Supervision in the Age of Mass Incarceration

After four decades of steady growth, U.S. states' prison populations finally appear to be declining, driven by a range of sentencing and policy reforms. One of the most popular reform suggestions is to expand probation supervision in lieu of incarceration. However, the classic socio‐legal literature suggests that expansions of probation instead widen the net of penal control and lead to higher incarceration rates. This article reconsiders probation in the era of mass incarceration, providing the first comprehensive evaluation of the role of probation in the build‐up of the criminal justice system. The results suggest that probation was not the primary driver of mass incarceration in most states, nor is it likely to be a simple panacea to mass incarceration. Rather, probation serves both capacities, acting as an alternative and as a net‐widener, to varying degrees across time and place. Moving beyond the question of diversion versus net widening, this article presents a new theoretical model of the probation‐prison link that examines the mechanisms underlying this dynamic. Using regression models and case studies, I analyze how states can modify the relationship between probation and imprisonment by changing sentencing outcomes and the practices of probation supervision. When combined with other key efforts, reforms to probation can be part of the movement to reverse mass incarceration.     

The Limitations of Disability Antidiscrimination Legislation: Policymaking and the Economic Well‐being of People with Disabilities

Although Congress passed the Americans with Disabilities Act (ADA) to address, in large part, the declining economic well‐being of people with disabilities—twenty years later—the trend has not reversed. To shed light on this puzzle, we use multilevel models to analyze Current Population Survey data from 1988 through 2012 matched with state‐level predictors. We take a more nuanced approach than previous research and consider institutional factors related to the creation, enforcement, and interpretation of legislation, as well as individual demographics and employment situations. Our results show continual gaps in employment and earnings by disability status connected to the enactment of state‐level antidiscrimination legislation, the number of ADA charges brought to the Equal Employment Opportunity Commission, and the results of ADA court settlements and decisions. Our findings suggest a complex relationship between legislative intent and policy outcomes, showcasing the multilayered institutional aspects behind the implementation of disability antidiscrimination legislation.