Gang Phantasmagoria: How Racialized Gang Allegations Haunt Immigration Legal Work

Critical Criminology - Through an analysis of interviews with Southern California attorneys, supplemented by archival materials, this article contributes to the literature on gangs, critical...     

Why do presidents fail? Political leadership and the Argentine crisis (1999–2001)

This article explores why Argentine president Fernando de la Rúa (1999–2001) failed to govern and the factors that prevented him from compelting his constitutional mandate. This study draw on current literature about leadership. We argue that President De la Rúa’s ineffective performance was characteristic of an inflexible tendency towards unilateralism, isolationism, and an inability to compromise and persuade. Moreover, we examine how de la Rúas performance, in the context of severe political and economic constraints, discouraged cooperative practices among political actors, led to decision-making paralysis, and ultimately to a crisis of governance This work seeks to make four contributions. First, it conceptualizes political leadership by providing an analytical framework that integrates individual action, institutional resources and constraints, and policy context, thus filling a gap in the literature. Second, it explains the importance of effective leadership in building up and maintaining multiparty coalitions in presidential systems. Third, it complements existing institutional approaches to improve our understanding of a new type of instability in Latin America: the failure of more than a dozen of presidents to complete their constitutional mandates. Fourth, it analyzes the way political and economic variables interact in times of crisis. Mariana Llanos is a researcher at the Institut für Iberoamerika-Kunde (IIK) in Hamburg, Germany, and teaches Latin American politics at the University of Hamburg. Her research focuses on Latin American political institutions particularly to the president-congress relations and the legislatures of the Southern Cone. She is the author ofPrivatization and Democracy in Argentina (Palgrave, 2002), co-author ofBicameralismo, Senados y senadores en el Cono Sur latinoamericano (ICPS, Barcelona, 2005, together with Francisco Sánchez and Detlef Nolte) and co-editor ofControle Parlamentar na Alemanha, na Argentina e no Brasil (KAS, Rio de Janeiro, 2005, with Ana María Mustapic), among other works. Ana Margheritis is assistant professor of international relations and Latin American politics at University of Florida. Her research interests are in international political economy, foreign policy, regional cooperation, and inter-American relations. She is the editor ofLatin American Democracies in the New Global Economy (2003); author ofAjuste y Reforma en Argentina, 1989–1995 (1999); and co-author ofHistoria de las relaciones exteriores de la República Argentina (with Carlos Escudé et al., 1998) andMalvinas: Los motivos económicos de un conflicto (with Laura Tedesco, 1991), as well as of several articles in academic journals and book chapters. The authors are grateful to Vicente Palermo and three anonymous reviewers for their helpful comments.     

Mismatch distribution analysis of Y-STR haplotypes as a tool for the evaluation of identity-by-state proportions and significance of matches—the European picture

We suggest the use of the mismatch distribution methodology as an easy way to estimate the distance between all pairs of haplotypes present in a sample. This approach allows the evaluation of the proportion of pairs of Y-STR haplotypes that are prone to become identical by state (IBS), in one generation, by recurrent mutation, a statistic of major importance in the forensic field. The mismatch approach presents some advantages alternatively to the empirical one, since it is not necessary to have simultaneous information on STRs and SNPs, and it allows the evaluation of IBS also within-haplogroups. The estimation of IBS at an European scale showed that there is a high population substructuring for this parameter, increasing from southern-central European countries towards west and north, in accordance to what was found for Y-biallelic markers. This result seems to imply a more careful use of large databases for matching evaluation, even in the absence of population structure for general Y-STR diversity. Furthermore, mismatch distribution can be used to measure the distance between a particular haplotype and all the haplotypes in a sample. When applied to the most frequent haplotypes in Europe it revealed that the opportunity for IBS is not directly related to the frequency of a haplotype, but highly dependent on the proportion of neighbouring haplotypes—so, that reporting on the haplotype frequency for evaluating the significance of a match can be misleading.     

Refusal of the biological proof practice and the harm of the law to effective judicial guardianship in constitutional jurisprudence]

The Spanish Constitution protects the free investigation of the paternity on its 39.2 the article, in which is granted that possibility. This right is not absolute, it has limits, but those limits will have to be interpreted in a restrictive way due to the principles based on it, such as the legal equality of children, and the integral protection of them. In view of this, the sentences are a very valuable element to delimit the aplication of this right, and establish its limitations.     

Irrational Addicts and Responsible Pleasure Seekers: Constructions of the Drug User

Historically, drug use has been understood as a problem of epidemiology, psychiatry, physiology, and criminality requiring legal and medical governance. Consequently drug research tends to be underpinned by an imperative to better govern, and typically proposes policy interventions to prevent or solve drug problems. We argue that categories of ‘addictive’ and ‘recreational’ drug use are discursive forms of governance that are historically, politically and socially contingent. These constructions of the drug problem shape what drug users believe about themselves and how they enact these beliefs in their drug use practices. Based on qualitative interviews with young illicit drug users in Brisbane, Australia, this paper uses Michel Foucault’s concept of governmentality to provide insights into how the governance of illicit drugs intersects with self-governance to create a drug user self. We propose a reconceptualisation of illicit drug use that takes into account the contingencies and subjective factors that shape the drug experience. This allows for an understanding of the relationships between discourses, policies, and practices in constructions of illicit drug users.     

Indigenous People,Organized Crime and Natural Resources: Borders,Incentives and Relations

This article explores the relationship between the Emberá–Wounaan and Akha Indigenous people and organized crime groups vying for control over natural resources in the Darién Gap of East Panama and West Colombia and the Golden Triangle (the area where the borders of Laos, Myanmar (Burma), and Thailand meet), respectively. From a southern green criminological perspective, we consider how organized crime groups trading in natural resources value Indigenous knowledge. We also examine the continued victimization of Indigenous people in relation to environmental harm and the tension between Indigenous peoples’ ecocentric values and the economic incentives presented to them for exploiting nature. By looking at the history of the coloniality and the socioeconomic context of these Indigenous communities, this article generates a discussion about the social framing of the Indigenous people as both victims and offenders in the illegal trade in natural resources, particularly considering the types of relationships established with dominant criminal groups present in their ancestral lands.

     

Effectiveness of selective credit controls: An empirical test applied to India

This article examines the efficiency of the selective credit policies pursued by the Indian authorities aimed at curtailing inventory accumulation in the sugar industry. Based on the relationship between investment demand and credit availability, a methodology is developed to test the degree of substitutability of different types of credit in the inventory decision of the firm. The tests conducted indicate that the credit policies adopted by Indian authorities have been of limited effectiveness owing to the substitutability of the different sources of finance. The results also indicate that while a correctly designed selective credit policy can affect inventory accumulation, the same policy may have an adverse impact on overall investment of the firm.     

A theory of executive dominance of congressional politics: the committee system in the Brazilian chamber of deputies

This article analyses the Brazilian Chamber of Deputies committee system using rational choice theories developed originally for the US Congress. We suggest that pure versions of these theories are unable to explain Brazilian committee politics, and point out the necessity of building a specific theory that takes into account key institutional characteristics which give the Brazilian Executive considerable power to control the legislative process to assure outcomes consistent with presidential preferences. We demonstrate that committees in Brazil operate to some degree as agents of the executive. For this reason, we call it the Theory of Executive Dominance.     

The snakes and ladders of accountability: Contradictions between contracting and collaboration for Canada's voluntary sector

Abstract: Although governing in Canada is in transition towards a model of horizontal “governance” that emphasizes collaboration with a variety of non‐governmental actors, the contracting culture and its associated accountability regime remain a legacy of “new public management.” As part of this transition, however, contracting is being used not only as a means to control performance but also as a governance tool to guide the development of more collaborative relationships between government as a whole and entire sectors. In its relationship with the voluntary sector, the Government of Canada is caught in these contradictory trends ‐ between the control of contracting and the collaboration inherent in a governance contract. This article first examines the impact on voluntary organizations of the very stringent federal rneasures over contribution agreements that were brought in as a reaction to crisis in 2000. The effects are found to be significant and overwhelmingly negative, imposing direct financial costs on voluntary organizations and stifling innovation. The authors then consider whether the implementation of the Accord Between the Government of Canada and the Voluntary Sector and its Code of Good Practice on Funding might mitigate the negative effects of these accountability measures. Sommaire: S'il est vrai que le Canada s'oriente vers un modèle de « gouvemance horizontale « privilégiant la collaboration avec différents acteurs non‐gouvernementaux, la culture de marchés (contrats) et le régime d'imputabilité qui I'accompagne n'en demeurent pas moins un legs de la nouvelle gestion publique. Toutefois, dans le cadre de cette transition, les marchés (contrats), en plus de servir de moyen de contrôler le rendement, sont aussi un outil de gouvernance pour accroître la collaboration entre le gouvernement dam son ensemble et des secteurs tout entiers. Dam sa relation avec le secteur bénévole, le gowernement du Canada est pris dans ces tendances contradictoires ‐ entre le contrôle des marchés (contrats) et la collabordtion inhérente à un contrat de gouvernance. L'article se penche en premier sur l'incidence pour les organismes bénévoles des mesures contraignantes imposées par le gouvernement fédéral relativement aux ententes de contribution introduites pour fairc face a la crise qui a sévi en 2000. Ces impacts sont à la fois considérables et des plus négatifs, imposant des frais de financement directs aux organismes bénévoles et suffoquant l'innovation. Les auteurs cherchent ensuite a déterminer si la mise en application de l'accord passé entre le gouvernement du Canada et le secteur bénévole et son Code de boMes pratiques de financement pourraient atténuer certains effets négatifs de ces mesures d'imputabilité.