ABORTION IN AUSTRALIAN ELECTIONS

This article focuses on the question of the salience of the issue of abortion in Australian elections; that is, whether it is an issue on which electors cast their vote, and whether it plays a role in changes in voting patterns. The issue of public attitudes to such primary women's rights and feminist issues as abortion has been important in Australia for many years, but there is no body of research literature here on the electoral salience of those attitudes to abortion. In contrast, a body of US literature indicates that attitudes to abortion there are of significance in predicting voters' choices at state and federal levels and that this significance has increased over time. My argument is that there are no significant patterns of voting or even of party identification that are dependent on parliamentary candidates' views on abortion in Australia, and that this has been the case for at least 30 years. My argument is made through exploring opinion polls and academic surveys; examining three anecdotal claims of electoral retribution; and looking in detail at the case of the defeat of Barry Simon in the 1980 federal election. My finding as to the non-salience of the issue of abortion among Australian voters has significance in terms of accurately identifying obstacles to feminist proposals for reform of abortion laws in Australia. One of the aims of the article is to dispel the myth that politicians who are pro-choice or who vote for abortion reform are likely to face electoral retribution on that score. That is, the feminist project of abortion reform is not a vote loser.     

Assessing Testimonial Evidence in Asylum Proceedings: Guiding Standards from the International Criminal Tribunals

Although credibility determinations rest at the core of refugeeprotection, international refugee law has failed to developa body of evidentiary principles that is tailored to the uniquedimensions of the testimony of those seeking asylum. This articleexamines recent developments in assessing oral testimony ininternational criminal law. International criminal law judges,like national asylum adjudicators, must transcend geographic,linguistic, cultural, educational and psychological barriersin order to assess the credibility of testimony. As a result,these new international courts have developed a body of principlesof international evidence law for assessing the testimony ofalleged victims of, and witnesses to, human rights abuses. Currentsocial science research on the asylum procedures in severaljurisdictions reveals that asylum decision makers often failto adapt the determination process to account for the realitiesof refugees presenting their cases in legal fora, directingproceedings with a ‘presumptive skepticism’ of claims.It is argued that the nuanced and rigourous model for the assessmentof the testimonial evidence of alleged victims and witnessesof human rights abuses in war crimes trials introduces effectiveinternational norms for the assessment of credibility in asylumproceedings.     

A Brief History of Doing Time: The California Institution for Women in the 1960s and the 1990s

Recent scholarship on penality describes profound changes in the ideology, discourses, and policies shaping criminal punishment in the late-twentieth-century United States. To assess the implications of these changes for those subject to criminal punishment, we examine the experiences of women in prison at two key points in the recent history of penality. We compare how imprisonment was practiced and responded to at the California Institution for Women in the early 1960s, when the rehabilitative model dominated official penal discourse, and in the mid-1990s, near the height of the "get tough" era. We find that the ways in which women related and responded to other prisoners, to staff, and to the prison regime, while in some ways specific to one or the other penal era, did not fundamentally change. Thus, penal regimes ostensibly informed by profoundly different rationalities nevertheless structured the daily lives of prisoners through a very similar set of deprivations, restrictions, and assumptions.     

Environmental administration,the courts and public policy, 1980-1989

Of the U.S. Environmental Protection Agency's seven major enabling statutes, six contain citizen suit provisions which reward anti-EPA plaintiffs. This fact, coupled with the agency's increasing use of the courts to bolster its enforcement efforts, yield a multitude of avenues through which courts have affected the policies and administration of the agency. This article discusses how the courts have affected the EPA in the 1980s and then briefly assesses the implications of such court-agency interaction for the successful operation of public agencies in the next decade. ^{? ?}This paper, particulary sections three and four, draws heavily upon a more detailed presentation examining the impact of federal court decisions on the policies and administration of the EPA from 1970 through 1988, published as O’Leary, R. Administrative Law Review, vol. 41. no. 4 (Fall, 1989).      

Forensic Assessment of Adults Reporting Childhood Sexualized Assault: a Lifespan Developmental Analysis

Many adults reporting childhood or adolescent sexualized assault (CSA) seek remedies through civil proceedings, thus necessitating a forensic assessment to determine the nature and extent of any psychological injuries related to such assault. Such assessments pose challenges, as CSA often occurred years earlier and may have affected not only immediate functioning but also later psychological maturation. The present paper explains how a lifespan developmental analysis can assist such assessments. The concepts of psychological development, attachment, developmental trajectory and risk and resilience can help in evaluating whether and how CSA affected normal psychological development, in determining the influence of risk factors other than CSA and in considering resiliency factors. Risk, resilience and psychological function must be examined in the domains of individual abilities and attributes, relationships and significant life activities both pre- and post-assault. Data on pre-assault risk, resilience and function can be used to estimate a “but for the assault” developmental trajectory that can then be compared to the individual’s actual developmental trajectory. This analysis, together with analysis of the severity of CSA, can assist in determining whether and how the CSA that is the basis for civil proceedings contributed to later life psychological injuries.     

Parent–Child Relations and Adolescent Self-Image Following Divorce: A 10 Year Study

This Australian study explored the links between self-image, family structure (divorced or intact), parent–child relations, and gender at 3 intervals over 10 years during adolescence (mean ages 14.7 at Time 1, 17.9 at Time 2) to early adulthood (mean age 24.9 at Time 3). The sample comprised 37 families at the point of divorce when interviewed in 1981–82, and 41 intact families of similar age, gender, and socioeconomic background. Initial measures of self-image (Offer Self-Image Questionnaire: OSIQ) and parent–child relations (Parent Bonding Inventory: PBI) were repeated in 1985 and 1990–91. ANOVAs showed that divorced fathers were perceived as significantly less caring than those from intact families at each interval. There were no family group differences on the control scale, nor on either scale for mothers. Correlations between PBI scales and OSIQ were significant for the sample as a whole, but were stronger for those from intact than divorced families. ANOVAs showed that when mothers' and fathers' parenting styles were seen as highly caring and also not over controlling (i.e., optimal), adolescent self-image was significantly better, irrespective of gender or family structure. Examination of the joint influence of both parents showed that at Times 1 and 2 adolescent self-image was significantly better when one or both parents, compared with neither, were optimal. At Time 3, this comparison was significant only when both parents were optimal. Self-image was related to whether or not a custodial parent was seen as optimal but not to the gender of the child or custodial parent.