Chile's Criminal Law Reform: Enhancing Defendants' Rights and Citizen Security

Many democratic governments in Latin America have implemented broad judicial reforms, some of which are aimed at making criminal law and legal institutions more transparent and modern. Although such reforms are important for democratic development, scholars debate whether the reforms result in more rights for defendants and whether they jeopardize citizens' perceptions about security. Using two original datasets and a fixed‐effects model, this study shows that groundbreaking criminal law reforms in Chile have improved certain aspects of defendants' rights by decreasing the number of individuals in pretrial detention. Chileans' perceptions about crime and violence in regions where the reforms were implemented also have improved. Chile's success appears to be due to the government's commitment to the reforms, as well as to concerted and consistent efforts by the police to fight crime. These results have implications for other countries implementing similar significant reforms.     

Challenging normative constructions of parentage in Ireland

Legal conceptions of the family have evolved considerably in recent years. Many legal systems now offer recognition to what are commonly termed ‘non-traditional’ families, namely those that fall outside of the ‘sexual family’ ideal. Such reforms are certainly encouraging but they may nonetheless be criticised on the basis that they promote a heteronormative construction of the family rather than providing an innovative new perspective on modern family relationships. Using recent Irish reforms as the basis for the discussion, this article will examine the normative approach to family recognition which has been adopted in both Ireland and England and Wales and it will question whether those legal systems adequately accommodate families which fall outside the normative ideal. Where failings are identified, suggestions are presented as to how the law could be modified so as to fully accommodate ‘non-traditional’ families, in particular gay and lesbian families.     

Approaches to Reduce Conflict when Insuring the Environmental Cleanup of Closed Military Bases Intended for Redevelopment

Base Realignment and Closure (“BRAC”) of military bases has occurred in waves over the last few decades. Many of these properties were operational through World War I, World War II, the Korean War, the Vietnam conflict, and into the modern Cold War. As part of the United States military's transfer of these properties to the local municipalities, which includes significant funds to cleanup remaining chemicals of concern, contract terms of the transfer typically require insurance policies that have the intention of mitigating the risk of additional future cleanup costs. As a result, numerous BRAC sites have established contracts with environmental consultants who have provided guaranteed fixed price contracts for cleanup of the site. To mitigate additional future cleanup costs, the environmental contractor is required to purchase a stop loss or cost cap insurance policy for their guaranteed fixed price contract to share the risk that there will be cost overruns in the cleanup of the known pollution. The redeveloper is required to purchase Premises Pollution or Environmental Liability insurance to share the risk that any newly discovered contamination will not result in additional cleanup costs for the redeveloper. This paper will discuss some of the recent lessons learned regarding (1) the terms of the initial cleanup transfer agreement, (2) efforts for project scoping/set-up, and (3) subsequent implementation dynamics of the relationships between the US Military, local municipality, redeveloper, and environmental contractor.     

Cracking Pandora’s box: The Soviet breakup and the onset of Buccaneer Capitalism

With the breakup of the Soviet Union and the advent of globalization, an international buccaneer capitalism has developed. Criminal enterprises that were previously intra-border have expanded across borders and provided for the willing buyers services and products not legally obtainable. This paper explains how buccaneer capitalism (the development of criminal enterprises conducted in emerging markets into legitimate businesses) has evolved. Examples of American buccaneer capitalism are presented as is a chart showing the Historiography of Russian/Soviet Crime.     

Forging a Key,Turning a Lock: Counterinsurgency Theory in Iraq 2006–2008

Counterinsurgency (COIN) doctrine is designed to combat a defined insurgency. In the present situation in Iraq, COIN's definition has been radically extended to include nation-building as well. This additional function has expanded the scope of the role of the Coalition Forces in Iraq. Yet COIN in its present incarnation may not be enough to finalize the implementation of the strategy of nation-building. This article finds three main criticisms/limitations of contemporary COIN strategy: (1) It is predicated on a classic notion of insurgency that looks very different from present conflicts. (2) Although COIN advocates a political solution to a political problem, it uses (by default) mainly military mechanisms to carry it out. (3) Completion of the intricate and ambitious tasks necessary to defeat insurgencies in foreign lands may lie outside the direct control of the United States.     

Poorhouse to Warehouse: Institutional Long-Term Care in the United States

Nursing homes in the United States are a product of Americanfederalism and reflect the complexities and variabilities ofthat system. Over time, institutional long-term care for frailelders has shifted from local government funding and administrationto state-level oversight and support to a shared federal-stateconcern. The unsystematic American approach produces haphazardresults in terms of quality, equity, and efficiency. The grayingof the American population will increase the demand for long-termcare, resulting in pressure for a more coherent policy response.     

Scaling Up or Scaling Back? The Pitfalls and Possibilities of Leveraging Federal Interventions for Abolition

Antiprison activists have often turned the federal court system to reduce the violence of the carceral state. However, such reform attempts have too often had the unintended consequence of fortifying the penal system. In this article, I interrogate one such intervention—a federal court order that encompassed the Louisiana Department of Corrections from 1975 to 1998. I argue that while the lawsuit was declared a success in reforming Angola, the federal court’s intervention buttressed and legitimated the growth of the Louisiana penal system. This paradox was produced through the limits of liberal reform ideology that failed to recognize the structural violence of incarceration. Rather, the federal courts located violence with prisoners instead of the punitive power of the state and racial capitalism. This framework not only led to an increase in punitive practices within Angola, it came to underpin penal expansion as the primary solution to cyclical overcrowding.