Reactive Responses: The Complementary Role of Federal and State Courts

The recent revival of state constitutional law has contributedsignificantly to the development of a dynamic judicial federalism.While interaction between federal and state courts is hardlynovel, acknowledgments of reciprocity have occurred more frequentlythan in the past. The Burger Courts receptivity to state judicialactivism inaugurated an era marked by creativity as well ascooperation. Thus far, major departures from established practiceshave been limited to a readily identifiable and recurring numberof state courts. All the same, the case studies included inthis article range across a variety of factual contexts andexplore an impressive array of links, both explicit and implied,between the federal and state courts. A disquieting new requirement,introduced as the result of a 1983 Supreme Court decision, exactsof state judges an unambiguous declaration of reliance on independentstate grounds as the price of ensuring federal nonintervention.Whether judicial federalism will continue to flourish withinso confining a framework remains problematic.     

The Southern Presidential Primary: Regional Intentions With National Implications

Fifteen southern and border states have decided to hold presidentialprimaries around the second Tuesday in March 1988. Democraticparty reformers have backed this regional primary in hopes thatit will advantage politically moderate candidates for the presidency.This article discusses how enactment of the southern primarycame about and why this reform seems unlikely to achieve theintentions of the reformers. Four major criticisms of the reformsare discussed: 1) Republicans, not Democrats, could benefit;2) the importance of earlier primaries and caucuses—Iowaand New Hampshire in particular—could grow dramatically;3) the desired moderating influence on Democratic candidatescould be frustrated by plurality wins; and 4) the southern regionalprimary is not southern or regional but national.     

Electoral Accountability in the Midst of Criminal Violence: Evidence from Mexico

Rising levels of crime and insecurity affect the quality of life. A fundamental question for the prospects of democracy is whether voters, in hopes of reaching better solutions to conditions of prevailing insecurity, can hold their elected officials accountable for such situations. This article argues that electoral accountability amid criminal violence requires voters to be able to assign responsibility for crime, and that partisan alignment across levels of government facilitates this task. Recent Mexican elections are examined to test this argument. Relying on both aggregate electoral data and individual survey evidence, this study shows that voters hold politicians accountable for crime in the narrow circumstances of organized crime–related violence and political alignment. This evidence not only provides additional caveats to issue voting models, but also opens new avenues of research on electoral accountability.     

Threat, Anxiety, and Support of Antiterrorism Policies

The perception of threat and the experience of anxiety are distinct but related public reactions to terrorism. Anxiety increases risk aversion, potentially undercutting support for dangerous military action, consistent with terrorists' typical aims. Conversely, perceived threat increases a desire for retaliation and promotes animosity toward a threatening enemy, in line with the usual goals of affected governments. Findings from a national telephone survey confirm the differing political effects of anxiety and perceived threat. The minority of Americans who experienced high levels of anxiety in response to the September 11 attacks were less supportive of aggressive military action against terrorists, less approving of President Bush, and favored increased American isolationism. In contrast, the majority of Americans who perceived a high threat of future terrorism in the United States (but were not overly anxious) supported the Bush administration's antiterrorism policies domestically and internationally.     

Racial Resentment and White Opposition to Race‐Conscious Programs: Principles or Prejudice?

White racial resentment is associated with opposition to a broad range of racial policies but it is unclear whether it derives from racial prejudice or stems from ideological principles. To resolve this ambiguity, we examined the impact of racial resentment on support for a college-scholarship program in which program beneficiaries' race and socioeconomic class was experimentally varied. The analyses yield a potentially troubling finding: racial resentment means different things to white liberals and conservatives. Among liberals, racial resentment conveys the political effects of racial prejudice, by predicting program support for black but not white students, and is better predicted by overt measures of racial prejudice than among conservatives. Among conservatives, racial resentment appears more ideological. It is closely tied to opposition to race-conscious programs regardless of recipient race and is only weakly tied to measures of overt prejudice. Racial resentment, therefore, is not a clear-cut measure of racial prejudice for all Americans.     

Measuring the Impact of Lotteries on State per Pupil Expenditures for Education: Assessing the National Evidence

State‐operated lotteries have recently been asserted by public administrators and academicians as panaceas for eradicating revenue disparities existing across public school districts in the American states. The purpose of this research project is to empirically test the hypothesis that lottery revenues raise the state expenditures for public education. A state‐level national dataset, which includes fifty American states over the period 1977–1997, was used for the analysis. Pooled time‐series cross‐sectional and ARIMA modeling was employed to test the hypothesis. This study finds that lottery revenues had a positive influence on state per pupil expenditures for education. The evidence for the impact of lotteries on state per pupil expenditures for education was robust and statistically significant.     

Whither Criminology: Its Global Futures?

This paper takes as its starting point the recent interventions of Jock Young (2011) on the contemporary state of criminology. In adding to these observations those made by Connell (2007) and Aas (2012), the case will be made, following de Sousa Santos (2014), for a criminology of absences. In endeavouring to uncover these absences, the paper will consider how the ‘bogus of positivism’ (Young 2011, chapter 4), its associated presumptions and related conceptual thinking, manifest themselves in two substantive areas of contemporary concern: violence against women and violent extremism. With the first of these issues I shall consider the ongoing controversies in which the bogus of positivism is most apparent: the powerful influence of the criminal victimisation survey as the data gathering instrument about such violence. In the second area of concern, this bogus of positivism is most apparent in its ‘nomothetic impulse’ (ibid: 73). Both of these discussions will expose different, but connected absences within criminology. In the final and concluding part of this paper, I shall return to the questions posed by the title of this paper: whither criminology, and in the light of this discussion, offer some thoughts on the place of Asian criminology within criminology’s global future(s).     

“Legality with a Vengeance”: Reclaiming Distribution for Sociolegal Studies

The law and society community has argued for decades for an expansive understanding of what counts as “law.” But a content analysis of articles published in the Law & Society Review from its 1966 founding to the present finds that since the 1970s, the law and society community has focused its attention on laws in which the state regulates behavior, and largely ignored laws in which the state distributes resources, goods, and services. Why did socio‐legal scholars avoid studying how laws determine access to such things as health, wealth, housing, education, and food? We find that socio‐legal scholarship has always used “law on the books” as a starting point for analyses (often to identify departures in “law in action”) without ever offering a programmatic vision for how law might ameliorate economic inequality. As a result, when social welfare laws on the books began disappearing, socio‐legal scholarship drifted away from studying law's role in creating, sustaining, and reinforcing economic inequality. We argue that socio‐legal scholarship offers a wide range of analytical tools that could make important contributions to our understanding of social welfare provision.     

Reducing Intimate Partner Violence Among Latinas Through the Moms’ Empowerment Program: an Efficacy Trial

Although intimate partner violence (IPV) is a particularly prevalent public health concern among Latina populations, the evidence-based treatment options for Latinas who experience IPV are limited. The present study tested the efficacy of the Moms’ Empowerment Program (MEP), an intervention for Spanish-speaking Latina mothers who had recently experienced IPV. Participants (N?=?95) were assigned to a Treatment (n?=?55) or a waitlist Control (n?=?40) condition, and those in the Treatment group completed a 10-week intervention designed to address the problems associated with IPV. Intent-to-treat analyses using multiple regression revealed that Latinas’ participation in the MEP was associated with reductions in IPV exposure. These findings provide preliminary evidence that the MEP may reduce exposure to physical violence among Spanish-speaking Latinas.