Dissent-Sensitive Permissions

Law and Philosophy - What makes it permissible to reach out to hold someone’s hand on a first date, or to rub a friend’s back when she is crying? This paper, a contribution to the...     

What do prosecutors maximize? An analysis of the federalization of drug crimes

Recent legislation has expanded the jurisdiction of the federalgovernment over crimes that were traditionally prohibited onlyby state law. We model the decision-making process of stateand federal prosecutors, and the determinants of prosecutors'decisions to allocate drug cases to the state versus the federalsystems. Using 1991 surveys of state and federal inmates incarceratedfor drug crimes, we find that individuals who hire private attorneysand who are high-human-capital and successful in the legitimatesector are more likely to end up in the federal system. Thisis consistent with the model in which prosecutors maximize boththe payoffs from eliminating crime and their private human capital.     

Toward a Sociology of the International? International Relations between Anarchy and World Society

To develop a sociology of the international, it is common in international relations (IR) to use a notion of inter-subjectivity defined as the space "in-between" individual actors. This approach is based on a parts/whole systems theory where common norms and values inscribed in international law not only create a "world society" but also provide for its social cohesion. Rooted in a parts/whole distinction, the very term of inter-subjectivity takes on a rather positivist meaning as the social quality of the international is then "measurable" and possibly even falsifiable by observing states' behavior. In the end, the inter-subjective quality of rules and norms is then ultimately reduced to the individual level. This article proposes a different avenue that breaks with the parts/whole distinction to emphasize the connectivity of communications. From this perspective, the notion of inter-subjectivity appears to be part of the problem rather than part of the solution and is thus replaced by the distinction between system and environment. The changing contours of international law are then decoupled from states' interests to emphasize the "relative autonomy" of the legal discourse as represented in its shifting paradox and programs.     

A Community‐Based Model for Remediating Juveniles Adjudicated Incompetent to Stand Trial: Feedback from Youth,Attorneys, and Judges

This study examined client satisfaction with a community‐based restoration services program for youth adjudicated incompetent to stand trial in Virginia. The sample consisted of 130 youth (ages 8‐21 years), 80 attorneys, and 43 juvenile court judges. Youth overwhelming found restoration services helpful to them, although some concepts were harder to learn than others. Both judges and attorneys were generally knowledgeable about juvenile competency law, although both were less knowledgeable about competency evaluators and the services provided to youth. Results will be used to improve teaching tools, training of Restoration Counselors, and communication between program providers and the legal community.     

Globalization: Another false universalism?

Throughout human history the idea of moral universalism has repeatedly appeared, but always in some less than universalistic, and hence morally compromised, form: in the religious imagination and culture, in the ideologies of liberalism and official socialism and in the liberal theory of the state, and in the informing worldview of the modern human and social sciences, especially anthropology. This discussion raises the question whether, and poses the possibility that, despite all the travails which globalization processes are unleashing worldwide (and perhaps even unknown to, and despite the political preferences of, many of globalization's more ardent champions), the present era of advancing globalization may be ushering in a truly historical moment and change in the history of the human moral imagination. By producing for the first time, no matter how unevenly, a single, interdependent humankind and, in prospect if not yet in actuality, a single worldwide human community, globalization processes may be producing an objective, experiential basis for the emergence of a genuine and uncompromised moral universalism: as a successor to, and to transcend, the sequence of selective intimations and incomplete intuitions of human universality that has hitherto constituted the history of humankind's moral imagination.     

The right to counsel in juvenile court

Research Summary The U.S. Supreme Court in In re Gault granted delinquents the right to counsel in juvenile courts. Decades after Gault, efforts to provide adequate defense representation in juvenile courts have failed in most states. Moreover, juvenile justice administration varies with structural context and produces justice-by-geography. In 1995, Minnesota enacted juvenile law reforms, which include mandatory appointment of counsel. This pre- and post-reform legal impact study compares how juvenile courts processed youths before and after the statutory changes. We assess how legal changes affected the delivery of defense services and how implementation varied with urban, suburban, and rural context. Policy Implications We report inconsistent judicial compliance with the mandate to appoint counsel. Despite unambiguous legislative intent, rates of representation improved for only one category of offenders. However, we find a positive reduction in justice by geography, especially in rural courts. Given judicial resistance to procedural reforms, states must find additional strategies to provide counsel in juvenile courts.     

Antecedents of adolescent initiation into stages of drug use: A developmental analysis

The social psychological antecedents of entry into three sequential stages of adolescent drug use, hard liquor, marihuana, and other illicit drugs, are examined in a cohort of high school students in which the population at risk for initiation into each stage could be clearly specified. The analyses are based on a two-wave panel sample of New York State public secondary students and subsamples of matched adolescent-parent and adolescent-best schoolfriend dyads. Each of four clusters of predictor variables, parental influences, peer influences, adolescent involvement in various behaviors, and adolescent beliefs and values, and single predictors within each cluster assume differential importance for each stage of drug behavior. Prior involvement in a variety of activities, such as minor delinquency and use of cigarettes, beer, and wine are most important for hard liquor use. Adolescents' beliefs and values favorable to the use of marihuana and association with marihuana-using peers are the strongest predictors of initiation into marihuana. Poor relations with parents, feelings of depression, and exposure to drug-using peers are most important for initiation into illicit drugs other than marihuana.This research is supported by Grant DA-00064 from the National Institute on Drug Abuse and by the Center for Socio-Cultural Research on Drug Use of Columbia University.Revised version of a paper presented at the Conference on Strategies of Longitudinal Research on Drug Use, San Juan, Puerto Rico, April 1976. Authors' names are listed alphabetically.Received Ph.D. in sociology from Columbia University in 1960. Current research interests are adolescent socialization, longitudinal approaches to the study of human behavior and psychopathology, and processes of interpersonal influence.Received Ph.D. in sociology from New York University in 1975. Major interest is quantitative sociology.Received Ph.D. in sociology from Columbia University in 1975. Current research interests include adolescent socialization and deviant behavior.     

A PRACTITIONER'S PERSPECTIVE ON UNIFIED FAMILY COURTS: CASE STUDIES

As a summary of simple examples demonstrating practical advantages of a family court, this article relates a few experiences from the perspective of a family law attorney who practices regularly in the Fulton County Family Division in Atlanta.     

Arson and the Special Part

This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes. Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.

Capturing globalization: Prospects and projects

The Asian economic crisis of 1997 highlighted the inherent instability of the new worldwide economic order being created by highly mobile capital, and also its destabilizing social and political effects, especially in the transitional societies which had proved so hospitable to the champions of globalization and to proffered capital inputs. Whether these societies are destined to be subsumed and captured by globalization processes, or whether they and their citizens have any possibility of capturing some genuine benefits from advancing globalization, may rest on whether these transitional states and societies can assert, or at least influence, the terms of their engagement with those processes. This will not be possible, however, if people, societies and states capitulate in advance to the forces and processes of globalization as irresistible. This issue is explored through the grounded investigation of four key questions: do globalization processes serve any ends beyond themselves? How might one grasp the best, and make the most, of globalization? Is the logic of the market immutable and inflexible transculturally, or is it amenable to varying forms of cultural inflection and political supervision? Can what globalization delivers be drawn upon selectively, or is it instead a 'package-deal'?