Lawyers' Duty to Do Justice: A New Look at the History of the 1908 Canons

This article examines a long-forgotten controversy about lawyers' duties to evaluate the justice of their clients' causes in civil cases that took place among the members of the Committee of the American Bar Association (ABA) that drafted the 1908 Canons of Professional Responsibility. The article presents an analysis of newly discovered internal working documents of this important, but never before examined, ABA committee, supplemented with primary historical research into the views and backgrounds of the committee's members. The article demonstrates how a clash of perspectives among these men-traceable in part to their backgrounds but also to their unpredictable allegiances to conflicting trends in legal thought at the turn of the century-prevented the committee from reaching a satisfactory resolution on the duty's to-do-justice issue. The committee members instead adopted ineffectual compromise language in the Canons, leaving us with a legacy of concealed ambivalence on the question of lawyers' "duty to do justice" in civil cases.     

Mandates and Management Challenges in the Trenches: An Intergovernmental Perspective on Homeland Security

Scholars and practitioners agree that homeland security policy implementation is contingent on a strong system of intergovernmental relations. The responsibilities associated with the homeland security mission, often mandated, cut across federal, state, and local boundaries. Local-level stakeholders are especially important players in the implementation process. This article presents a local perspective on the way intergovernmental relations have changed—and the reasons for those changes—since 9/11. Results of a survey of county and city officials in Florida provide evidence that intergovernmental cooperation has improved as a result of federal and state mandates. These results are refined by an analysis of the effects of specific local characteristics and the quality and quantity of vertical and horizontal networks on intergovernmental cooperation and local preparedness. Homeland security appears to be a policy area in which mandated cooperation and coordination—in a time and place of urgency—have actually strengthened the intergovernmental system.     

Development of STR profiles from firearms and fired cartridge cases

Fired cartridge cases are a common type of evidence found at crime scenes. However, due to the high chamber temperatures and touch nature of this evidence, DNA testing is not commonly sought because it is believed DNA is only present in low levels, whether it is due to initial low levels of DNA and/or DNA degradation from the heat or inhibition of the PCR reaction. Moreover, very few laboratories report STR typing success with fired cases. This study focused on obtaining STR profiles from fired cartridge cases using the AmpFℓSTR^® MiniFiler™ kit, which is designed to amplify DNA from low level, inhibited, and degraded samples. Comparisons to other STR amplification kits were also conducted. In attempt to simulate casework, random individuals loaded cartridges into a firearm. DNA was recovered from the fired cartridge cases using the double swab technique and extracted using an automated large volume DNA IQ™ method. Initially, testing focused on known shedders handling cartridges for 30 s prior to firing. A significantly greater number of alleles was obtained following amplification with the MiniFiler™ kit versus the PowerPlex^® 16 BIO kit. No alleles were observed using the Identifiler^® kit. In an attempt to better simulate casework, a random selection of laboratory personnel handled shotshells for as long as needed to load and fire the weapon. In this mock sample study, the MiniFiler™ kit successfully amplified an average of 22% of expected alleles from DNA recovered from shotshell cases versus the PowerPlex^® 16 BIO kit where an average of 7% of alleles were observed. However, the total number of alleles obtained from the two kits was not significantly different. The quality of the DNA obtained from fired cases was studied with evidence of inhibition in at least 11% of shotshell case samples. After swabbing the head and the hull of three shotshell cases separately, a significantly greater number of alleles was obtained from the hull as opposed to the head of the fired shotshell case. In addition, after firing, various internal firearm surfaces were swabbed, including the chamber of barrel, ejection port, and breechface, in an attempt to obtain amplifiable DNA. DNA was obtained from the chamber of the barrel and was amplifiable using the MiniFiler™ kit, although mixtures were obtained with extensive drop-in and drop-out making this analysis unlikely to aid an investigation.     

Claiming "Victim" to Harassment Law: Legal Consciousness of the Privileged

Sociologists of law have long been concerned with the effectiveness of rights; the emergence of diversity training in the 1990s spurred renewed attention to questions of how laws are enacted in daily life. Much scholarship has constructed the managerialization of civil rights law and popularization of diversity concepts as diluting efforts to redress structural discrimination. In studying diversity and antiharassment trainings in practice, I argue that these are sites where civil rights find expression of their obligations, and I find that much of the "dilution" of content stems from diversity trainers' efforts to negotiate with the resistance of trainees to their new obligations under civil rights law. The trainees evince a variable legal consciousness in relationship to this legality of rights-promotion, to which they are being exposed in these trainings; the findings suggest further research is needed into the legal consciousness of the privileged.     

Learning About a Chinese Village in a Leninist-Party Authoritarian State

How does one overcome the institutionalized obstacles to understanding the networks of power in the PRC which reach down in complex ways from the center to the village? There is no reason for villagers who need patrons for access to scarce resources to commit to telling the truth. There is no reason for local officials to commit to telling the truth when careers depend on pleasing higher-ups and not on revealing how patron–client networks work. After 25 years and almost three dozen visits to one rural county, certain research techniques were developed—and are described—for seeing the invisible and understanding the political context which shapes local opportunities.