Human Rights in US Courts: Alien Tort Claims Act Litigation after Sosa v. Alvarez-Machain

In Filartiga v. Pena-Irala (1980), the Second Circuit Court of Appeals ruled that victims of human rights violations could sue their oppressors civilly in US courts under an eighteenth century law now called the Alien Tort Claims Act (ATCA). Controversy raged over the Filartiga decision and the proper interpretation of the ATCA for 24 years. Then in Sosa v. Alvarez-Machain (2004), the Supreme Court issued its first ATCA decision. This essay analyzes the effect of the Sosa decision on the development of human rights law in US courts. I find that while the federal judiciary is responding to some of the Supreme Court’s directives, lower courts still retain a great deal of discretion in handling ATCA cases.

---

Balancing constituency representation and party responsiveness in the US Senate: the conditioning effect of state ideological heterogeneity

Spatial proximity theories of representation focus on the importance of the average views of constituencies in guiding legislators’ decisions. However, legislative scholars also identify political parties as central in structuring behavior. We present and test a theory of how legislators might resolve this tension. We propose that heterogeneity in constituent preferences conditions how legislators balance the (sometimes) rival pressures of constituency and party. Specifically, greater preference heterogeneity weakens the impact of the average constituency views on roll-call behavior while strengthening the impact of party. We show support with data from the US Senate and discuss the implications for democratic representation.     

Government Has No “Religious Agency”: James Madison's Fundamental Principle of Religious Liberty

Religious liberty has reemerged as a problem in liberal democracy. For guidance we can turn to James Madison. Unfortunately, his fundamental principle of religious liberty has been misunderstood. Madison believed that power over religious conscience always remains with the individual, which means that government never has a power to attempt to cause or prohibit religious opinions or profession and only has the power to prohibit religious practices that are “adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Madison's fundamental principle of religious liberty is therefore that government has no “religious agency.” In matters of religious establishment, “no agency” means that government lacks even the power to cognize religious opinions or practices. But in matters of free exercise, “no agency” means that government can accommodate citizens’ religious consciences, even if that accommodation requires cognizing their religious opinions. An important but widely overlooked example of Madison's complex but principled approach to religious liberty is his 1790 proposal for a statutory exemption from federal militia service for religious objectors.     

The stability of risk-seeking from adolescence to emerging adulthood

Purpose

The current study examines the stability of the risk-seeking component of self-control using a second-order latent class growth model.

Methods

Longitudinal data from 962 respondents from the NLSY79-Child and Young Adult sample are used to examine the stability of the risk-seeking component of self-control from ages 14 to 23.

Results

Data reveal three trajectories of risk-seeking (low, moderate, and high) that maintain strong relative stability from adolescence through early adulthood. Further, two trajectories of risk-seeking (moderate and high) maintain absolute stability, whereas the low risk-seeking group exhibits statistically significant decreases in risk-seeking over time.

Conclusions

The SOLCGA may provide a stricter test of the stability hypothesis since it accounts for measurement error in the construct prior to estimating the developmental trajectories. The results from the SOLCGA support Gottfredson and Hirschi's hypotheses that self-control will remain stable from adolescence into emerging adulthood.     

The role of law in public health preparedness: opportunities and challenges

We report the results of a study designed to assess and evaluate how the law shapes the public health system's preparedness activities. Based on 144 qualitative interviews conducted in nine states, we used a model that compared the objective legal environment with how practitioners perceived the laws. Most local public health and emergency management professionals relied on what they perceived the legal environment to be rather than on an adequate understanding of the objective legal requirements. Major reasons for the gap include the lack of legal training for local practitioners and the difficulty of obtaining clarification and consistent legal advice regarding public health preparedness. Narrowing the gap would most likely improve preparedness outcomes. We conclude that there are serious deficiencies in legal preparedness that can undermine effective responses to public health emergencies. Correcting the lack of legal knowledge, coupled with eliminating delays in resolving legal issues and questions during public health emergencies, could have measurable consequences on reducing morbidity and mortality.     

Sex, race/ethnicity, and context in school-associated student homicides

This study assessed the importance of sex, race/ethnicity, and geographic context for incidents of school-associated student homicides between July 1, 1994 and June 30, 1999, covering 5 academic years. Using data from the Centers for Disease Control and Prevention School Associated Violent Deaths Study (n = 125 incidents), we compared percentages and medians of victim, offender, motive, and school characteristics for incidents by geographic context and race/ethnicity of the offenders. Most incidents involved urban areas (53.6%), Black and Latino offenders and victims, moderately high youth poverty, and male on male violence (77.6%) driven by disputes and gang-related motives. Suburban area incidents (31.2%) often involved offenders and victims of a different race/ethnicity (51.3%). Multiple victims and White offenders were more common in rural areas (15.2%). More than 50% of the rural incidents involved male offenders and female victims. White offender incidents more often included multiple victims and female victims while Black and Latino offenders more often included single victims of the same sex. These results emphasize the utility of an incident-based analysis of school-associated student homicides in highlighting important variations by intersections of sex, race/ethnicity, and geographic context.     

An Analysis of Systematic Elemental Changes in Decomposing Bone

The aim of this pilot study was to investigate compositional changes in bone during decomposition. Elemental concentrations of barium, calcium, iron, potassium, magnesium, zinc and phosphorus in porcine bone (as an experimental analog for human bone) were analyzed by inductively coupled plasma optical emission spectroscopy (ICP‐OES). The samples were taken from porcine bone subjected to shallow burial and surface depositions at 28‐day intervals for a period of 140 days. Results indicated that ICP‐OES elemental profiling has potential to be developed as a forensic test for determining whether a bone sample originates from the early stages of soft tissue putrefaction. Significant changes in iron, sodium and potassium concentrations were found over 140 days. These elements are known to be primarily associated with proteins and/or tissue fluids within the bone. Changes in their respective concentrations may therefore be linked to dehydration over time and in turn may be indicative of time since deposition.     

A Retrospective Study of the Investigation of Homicidal Childhood Asphyxial Deaths

As one of the leading causes of traumatic deaths in newborns, infants, and young children, there is no anatomic or microscopic feature that is pathognomonic for asphyxial deaths. Instead, pathologists rely on investigation information, including confessions and/or witness statements, and potential evidence at the scene. Twenty cases of homicidal newborn, infant, and young children asphyxial deaths were reviewed, which included death and police investigation reports and autopsy reports, as well as histology slides of lung sections. This series of homicidal asphyxial deaths highlight that, in a vast majority of such cases, the final cause and manner of death rulings are dependent on confession by the perpetrator. Furthermore, this series highlights the possible role of histology to help forensic pathologists better certify asphyxial deaths. Finally, this series emphasizes important investigation points and considerations at autopsy during the investigation of asphyxial deaths in newborns, infants, and young children.