Examining the constitutionality of Internet filtering in public schools: a US perspective

The use of Internet filters in public classrooms in the USA has been intensely debated, both in terms of its effectiveness and legality. The debate pits concerns to protect students from indecent material against issues of unconstitutional censorship. This paper examines the legal issues addressed in various rulings by the US Supreme Court pertinent to issues raised in the debate over the constitutionality of filtering in the classroom. The rulings and opinions offer valuable insights into the legal issues raised in this debate.     

Intellectual disability and mental illness in the NSW criminal justice system

There has been increasing international, national and local recognition of the need for more appropriate responses and services for individuals who come in contact with the criminal justice system and who have an intellectual disability and mental health issues. This article provides an overview of prevalence data that indicates a significant over representation of people with intellectual disabilities in correctional facilities and reviews the problems facing this population. Findings from two specific evaluation studies undertaken by the Centre for Developmental Disability Studies are presented, along with recommendations for future provision based on these results. One of these projects trialled a case management approach to supporting offenders with an intellectual disability upon their release from prison. The 20-month follow-up found that a number of serious barriers were encountered within the overall system of provision for this population; the most serious of which related to lack of adequate accommodation upon release. The second project involved a two-stage evaluation of one model of provision for individuals with intellectual disabilities who are sex offenders, only some of whom were on parole. This service provided both residential and therapy services in a small group home located in the community. Residents were found to have high levels of emotional and behavioural difficulties, in addition to offending behaviour, that continue to require support and supervision. Critical issues, including guardianship involvement, restrictive practices and retrieval, therapy provision, and risk management issues are discussed in relation to overall clinical and lifestyle outcomes.     

What Space for Unions on the Floor of Rights? Trade Unions and the Enforcement of Statutory Individual Employment Rights

The recent development of statutory individual employment rightsalters the balance between legal regulation and collective bargaining.Union influence in the workplace has declined and workers aremore reliant on individualised procedures culminating in claimsto employment tribunals. There is potential, though, for unionsto play a role in enforcing statutory employment rights, todemonstrate the efficacy of representation to potential membersand to augment collective bargaining agenda. Union engagementwith the law is explored in this article through detailed casestudies conducted in two unions. Findings highlight sustainedcommitment to strategic legal challenges, but also some substantialobstacles to the broader use of the law to mobilise workersand potential members.     

The Importance of Contract Design

This article examines the contract design decisions of three federal agencies—the Departments of Health and Human Services, Defense, and Homeland Security—using five years of data from the Federal Procurement Data System. Three basic contract design elements are charted—type (fixed price versus cost reimbursement), length, and value—across simple to complex products. All three agencies use short‐term, fixed‐price contracts for the majority of the purchases that they make. This basic contract design allows agencies to tap the benefits of competition: innovation and cost‐efficiency. However, the Departments of Defense and Homeland Security often dramatically increase the length and value of contracts through modifications to initial agreements. This approach forgoes the benefits of competition and may expose the agency to the risk of cost overruns, delivery delays, and diminished product quality.     

Personality Traits are Related to Intimate Partner Violence Among Securely Attached Individuals

The general assumption has been that male batterers from clinical samples were mostly insecurely attached as compared to non-batterers. Recently, a large group was found (39.4 % of batterers in a clinical sample) whose main attachment style was secure. No previous studies have examined specifically the securely attached batterer. The aim of the present study was to test whether antisocial personality disorder (ASPD) and narcissistic personality disorder (NPD), but not borderline personality disorder (BPD), traits may be related to battering among securely attached individuals. Twenty-seven securely attached batterers, 45 insecurely attached batterers, 40 securely attached controls, and 22 insecurely attached controls who lived in the Netherlands, filled in self-report measures of personality disorder traits (i.e., antisocial, narcissism, borderline) and attachment (i.e., avoidant and anxious). Results showed that ASPD traits explained 19 % of the variance of battering in securely attached individuals. NPD and BPD traits are related to battering among securely attached individuals when NPD and BPD traits were entered alone in the equation.     

Punishing Sex: Sex Offenders and the Missing Punitive Turn in Sexuality Studies

At precisely the same time that gay and lesbian activists were securing marriage rights for same‐sex couples nationwide, courts and “tough on crime” state legislatures were devising new ways to regulate sex. Despite recent estimates that over 750,000 Americans are registered sex offenders, few sexuality scholars have examined the growth of punitive policies regulating sex offenders. In this article, I draw on a unique set of data on the population of sex offenders in the United States to analyze: (1) whether recent trends in sex offender registration mirror those of corrections more generally, and (2) whether these policies disproportionally impact racial minorities. Findings reveal that sex offender registries grew dramatically between 2005 and 2013; that this growth is out of step with concurrent trends in corrections; and that black communities are disproportionately impacted. I conclude by considering whether these data reveal a new mode of “governing through crime” specifically targeting sex.

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Inhuman development? Technics as enframing or poiesis?

This paper will examine some of the ways in which development has been influenced by the body of ideas known as techne, or technics. This body of ideas focuses on a central theme that envisages technology broadly defined as developing its own impetus that removes it from the control of human agency and that begins to circumscribe and even control human agency. This can be seen as having various impacts on development, notably a subsumption of any concern for human development to issues concerning process and production of outputs. The paper focuses on the approach of Heidegger as he provides an account that places technology at the centre of human being, whilst helping to distinguish both the negative (enframing) tendencies and the emancipatory (or, as Heidegger might have it, poietic) possibilities of technics. The paper concludes by identifying some of these negative and emancipatory influences in the development context.     

Grief reactions and effective negotiation

Conclusion In the event of death, society has in place a wide range of rituals and supports designed to help mourners deal with their grief. It may be that assigning blame and seeking legal recourse has become a significant ritual for those who have sustained other types of losses and, in some situations, loss through death as well. However, unlike societal death rituals, which guide the mourners, no guidelines exist to help negotiators address the impact of grief on their clients. Thus, in this article, insights gleaned from studies of grief, loss, and separation have been examined in an effort to develop an awareness of the impact of grief reactions on the parties to negotiation.Grief reactions—ranging from denial, bargaining, anger, depression, and guilt to acceptance—serve a useful purpose for those who have sustained grievous losses. Consequently, a better understanding of grief factors may be advantageous to negotiators and, more importantly, to their clients. Such considerations may help challenge perceptions of other parties that may otherwise be prejudicial to one's client (as in the Lindy Chamberlain case) and assist negotiators in trying to anticipate, and thus protect their clients from, grief-related reactions of other parties. In the large number of cases where negotiation and settlement discussions are not only critical but also decisive, grief theory may provide negotiators with better insight into client, and other party, interests and may help them to formulate advice and intervention strategies that take the impact of various grief reactions into account. Nancy Lewis Buck is an attorney and social worker, currently completing a doctoral dissertation at Yale Law School. Her mailing address is 9 Surrey St., Cambridge, Mass. 02138.