The politics and economics of pork barrel spending: The case of federal financing of water resources development

This paper empirically investigates the economic and political factors that have influenced annual Corps of Engineers water resource spending. Despite the common view that “pork barrel” spending is economically unjustified and purely politically motivated, economic factors have been important in determining water resource spending. From 1865–1920, economic development and industrialization increase spending, and from 1921–1988, spending appears to be counter-cyclical. There is also evidence that majority parties control spending levels in the post-Civil war period, while in recent times, legislators act under a norm of “constrained universalism” and are influenced by the costs to their constituents of increased spending.     

Asylum-seekers and national histories of detention

The Australian system of mandatory detention of asylum–seekers has become increasingly controversial. Insofar as commentary on detention has been framed historically, critics have pointed to Australia's race–based exclusionary laws and policies over the twentieth century. In this article, we suggest that exclusion and detention are not equivalent practices, even if they are often related. Here we present an alternative genealogy of mandatory detention and protests against it. Quarantine–detention and the internment of "enemy aliens" in wartime are historic precedents for the current detention of asylum–seekers. Importantly, in both carceral practices, non–criminal and often non–citizen populations were held in custody en masse and without trial. Quarantine, internment and incarceration of asylum–seekers are substantively connected over the twentieth century, as questions of territory, security and citizenship have been played out in Australia's histories of detention.     

A cure for crime: Can mental health treatment diversion reduce crime among youth?

Youth crime is a serious social problem, as is the high proportion of young offenders in the juvenile justice system who have mental disorders. A recent policy innovation applies the theory of therapeutic jurisprudence and diverts youth with mental disorders to treatment in lieu of further court processing. The expansion of mental health diversion programs reflects an increasingly popular view that there is a causal relationship between youth mental disorders and crime. Policymakers who share this view place greater emphasis on rehabilitation and treatment as a way to reduce crime, rather than on stricter punishment. This paper considers the policy issues around youth mental health diversion programs. In addition, it evaluates the effect of a mental health diversion program for youth that was implemented in Texas. The paper finds that mental health diversion can be used effectively to delay or prevent youth recidivism.     

Conduct and its Consequences: Attempts at Debiasing Jury Judgments

Jurors in negligence cases are supposed to judge a defendant by the reasonableness of his or her conduct and not by the consequences of that conduct. But several studies have shown that a cognitive heuristic known as hindsight bias can skew post hoc judgments of some prior behavior. Thus, jurors who must evaluate the actions of a defendant may be influenced inappropriately by the consequences of those actions. A complementary problem arises when jurors must evaluate the injuries incurred by the plaintiff. Here, jurors' knowledge about the defendant's allegedly negligent conduct can proactively influence their assessment of the plaintiff's injuries and determination of damages. The purpose of the present study was to examine the effectiveness of two procedural techniques intended to reduce or eliminate the impact of hindsight bias in negligence cases—multiple admonitions from a judge about the proper use of evidence—and bifurcation (actually withholding irrelevant evidence from jurors). We presented a re-enacted automobile negligence trial to 355 jury-eligible adults drawn from the community, varied the evidence and instructions that they heard, and measured liability judgments and damage awards from individual jurors both before and after deliberating, and from juries. Results showed that admonitions were generally ineffective in guiding jurors to the proper use of evidence but that bifurcation was relatively more effective. Deliberations had no curative effect on jurors' misapplication of evidence.     

Time-Varying Risk Factors for Reassault Among Batterer Program Participants

This study uses longitudinal data to identify risk markers for reassault among batterer program participants. Data are from 308 men and their partners collected at five, 3-month intervals. Time-varying situational and behavioral risk factors, as well as time-invariant individual characteristics, are examined. The most influential risk markers, in terms of relative risk and level of statistical significance, were time-varying: 2 measures of the man's drunkenness during the follow-up interval in which the reassault occurred (OR: 3.5-16.3; p > .0005). Other included time-varying batterer characteristics had no significant effect on reassault. Two significant time-invariant batterer risk factors were (1) severe psychopathology and (2) a history of non-domestic-violence arrest, both measured at intake. Results suggest that batterers' drinking behavior after program intake may provide an important and easily observed marker for risk of reassault and that prediction of reassault with individual risk factors at program intake remains problematical.     

A Family by any other Name ... or StarbucksTM comes to England

The article examines the recent House of Lords decision in Fitzpatrick v. Sterling Housing Association from two perspectives. The first adopts a perspective of rights and discrimination and speculates as to how a court may in future decide such a case in the light of Britain's obligations under the Human Rights Act 1998. The second offers a review of some of the literature which questions the effectiveness of such a rights-based approach for achieving justice for lesbian women and gay men, and, from a feminist perspective, expresses caution about instantiating in law a traditional idea of 'family' and the privilege attached to that ideal.