Garland v. Torre and the Birth of Reporter's Privilege

In 1959, Marie Torre of the New York Herald Tribune went to jail rather than reveal who had told her that Judy Garland apparently thought herself to be “terribly fat.” Many reporters derided Torre as a gossip columnist (she was actually the TV columnist) who did not deserve support. But the libel suit that sent her to jail, Garland v. Torre, is more consequential than they imagined. Though Torre lost her appeal, the judge recognized a degree of constitutional protection for newsgathering. Elevated to the Supreme Court of the United States, that judge, Potter Stewart, reiterated his Garland reasoning in a dissenting opinion in Branzburg v. Hayes. Many federal courts then employed the Branzburg dissent or Garland itself to craft a conditional reporter's privilege. In this fashion, Marie Torre helped scores of later reporters avoid jail.     

Crime on the High Seas: Crimes of Globalization and the Sinking of the Senegalese Ferry Le Joola

The world’s second largest maritime disaster occurred on September 26th 2002, the sinking of the Senegal’s state run ferry Le Joola, killing 1863 passengers. In the wake of the sinking, it became clear that the state of Senegal held liability for the ferry’s failure; the government readily admitted its errors and several ministers either stepped down or were removed from their positions. In many ways, this case, at least on the surface, looks like a classic example of a state crime – illegal activities carried out by the state or state agencies. However, despite unequivocal governmental responsibility, we suggest that this was not simply a case of state crime. Rather, a thorough investigation and analysis of the reasons and forces behind the Le Joola sinking suggest that international institutions, primarily the World Bank, bear culpability for the disaster due to the way in which their policies and economic development demands altered Senegal’s social, economic and political structures. In conclusion, we offer a criminological analysis of the catalysts leading to the reinstatement of the state run ferry to the coastal waters and the subsequent actions taken by the State of Senegal and of International Society.An earlier version of this paper was presented at the Annual Meeting of the American Society of Criminology, Nashville, TN. November 17–20, 2004.     

Toxicant Exposure and Mental Health—Individual, Social, and Public Health Considerations

Abstract:  Thoughts and moods are the result of biological processes; disordered thoughts and moods may be the result of disordered biological processes. As brain dysfunction can manifest with emotional symptoms or behavioral signs, the etiology of some mental health afflictions and some abnormal conduct is pathophysiological rather than pathopsychological. Various studies confirm that some chemical toxicants which modify brain physiology have the potential to affect mood, cognitive function, and to provoke socially undesirable outcomes. With pervasive concern about myriad chemical agents in the environment and resultant toxicant bioaccumulation, human exposure assessment has become a clinically relevant area of medical investigation. Adverse exposure and toxicant body burden should routinely be explored as an etiological determinant in assorted health afflictions including disordered thinking, moods, and behavior. The impact of toxicant bioaccumulation in a patient with neuropsychiatric symptoms is presented for consideration as an example of the potential benefit of recognizing and implementing exposure assessment.     

Psychopathy and Sexual Sadism

Psychopathic personality disorder and sexual sadism share several common characteristics, such as emotional detachment from the suffering of others or the preparedness to inflict pain or injuries. Based on a sample of 100 male forensic patients (all of them sex offenders, half of them sadistic), the concept of psychopathy and sexual sadism as a unified construct was tested empirically. Pooling indicator variables for psychopathic and sexually sadistic disorders showed that a two-factorial solution yielded a better fit than a single-factor model. The two factors identified psychopathy and sexual sadism as separate latent variables. More specifically, the data were compatible with a path model in which affective deficits and behavioral disinhibition of the psychopathy domain are precursors to sexually sadistic conduct.