Crimes of Color: Risk, Profiling, and the Contemporary Racialization of Social Control

In the United States the phenomenon of racial profiling has emerged as an important and controversial issue within political and criminal justice policy debates. For the most part, these debates have assumed a sort of racism at work in order to explain law enforcement's use of criminal profiles largely determined by racial classifications. Accordingly, many have worked to expose this allegedly racist behavior in the hopes that such exposure will bring an end to the practice. This essay argues that racial profiling is embedded in much larger social developments that must be explored in order to understand the role race now plays in the maintenance of social order in contemporary American society.     

EXPENDITURES ON CHILDREN AND VISITATION TIME

In their critique, Garfinkel, McLanahan, and Wallerstein raise concerns about the representativeness of the authors' sample, benchmark approach methodology, and historical review of guidelines, all of which lead them to discount the evidence presented opposing the cliff-model assumption of father expenditures on children, and to laud instead child support guidelines that give little monetary credit or adjustment for visitation. This article presents evidence that (a) this sample is at most little biased, and remains trustworthy for the main implications presented; (b) although only a beginning, the benchmark approach is highly useful and most of the concerns raised about it are ill founded or implausible; and (c) the historical review suggesting that current guidelines assume zero visitation expenses is indeed accurate for the vast majority of states, according to the foremost authority. Thus, notwithstanding the critique, these findings have merit and importance and should be considered by policy makers. The authors also comment on the additional arguments against continuous and generous adjustments for visitation, finding them based on a weak foundation of evidence and reasoning.     

Assessing the Past and Promise of the Federal Employee Viewpoint Survey for Public Management Research: A Research Synthesis

Since 2002, the U.S. Office of Personnel Management has used the Federal Employee Viewpoint Survey (FEVS) to monitor efforts by federal executive agencies to manage human capital. Public management researchers have used FEVS data to produce dozens of peer‐reviewed publications on a range of topics of interest to policy makers, practitioners, and academics. Despite the proliferation of these empirical studies, the field of public management until now has lacked a critical assessment of the FEVS and of how researchers have used the data. In this article, the authors discuss the strengths of the FEVS and the opportunities this survey has created for public management researchers. Despite important contributions made to the literature using the data, there are weaknesses in the content, design, and implementation of the FEVS. The authors offer a set of recommendations for refining the survey and its implementation with the aim of improving the quality and value of the data. In doing so, they hope to foster a dialogue between public management researchers and the Office of Personnel Management on the future of the FEVS and to forge a stronger link between these two communities.     

Desire for Smart Growth: A Survey of Residential Preferences in the Salt Lake Region of Utah

As an alternative to sprawling development, smart growth combines proximity to work, proximity to shopping and other destinations, neighborhood housing mix, shared and paid parking, complete street designs, and proximity to public transit. This article uses a stated-choice experiment to determine residents' attitudes toward these various aspects of smart growth in the Salt Lake region of Utah. Utah is a conservative state, where attitudes toward auto-oriented suburbia may be more positive than in other parts of the United States. So, one might wonder whether changing national attitudes toward smart growth, documented in several surveys, apply to residents of the Salt Lake region. In this stated-choice experiment, respondents were asked to choose between pairs of housing scenarios with different attributes and different prices. Mixed logit (random parameters logit) was used to relate individuals' choices to attributes, prices, and sociodemographic characteristics of respondents. The results show that, generally, respondents have positive attitudes toward most aspects of smart growth but still express preferences for single-family neighborhoods with free parking in their own driveways or garages. Different life cycle cohorts have different preferences. Proximity to work is more important for childless young adults. Young families with children place higher value on living in a neighborhood with only single-family homes and transit access. Retired empty nesters favor a mix of housing types over single-family housing on one-acre-plus lots. The results suggest that while residents of the Salt Lake region like suburban neighborhoods with primarily single-family houses, they would also like to have improved accessibility to amenities in the suburbs.     

The Troika: The Interlocking Roles of Commission v. Luxembourg and Belgium,Van Gend en Loos and Costa v. ENEL in the Creation of the European Legal Order

Through comparisons with dispute resolution procedures in the North American Free Trade Area's Side Agreements, and with the debate over the direct effect of World Trade Organization obligations in the European legal order, this paper demonstrates that three of the European Court of Justice's most important decisions—Commission v. Luxembourg and Belgium, Van Gend en Loos and Costa v. ENEL—should be understood as combining to reorganise general international law's relationship between the EU Member States by substituting national court application of European obligations for the use of interstate retaliation as an enforcement mechanism, and thus providing the foundations for the EU's distinctive legal order.     

‘Hermann Heller and the European Crisis: Authoritarian Liberalism Redux?’

This essay tentatively buttresses Alexander Somek's view that Hermann Heller's 1933 essay, ‘Authoritarian Liberalism’, provides a useful starting point for thinking about the ongoing European crisis, in which European authorities are favouring rigid austerity and pro‐business policies while undermining basic liberal and democratic rights. Heller's unfortunate neglect, especially in Anglophone scholarship, is discussed. Nonetheless, Somek and other recent scholars who have turned to Heller to make sense of the European crisis downplay some of the tough questions raised by any attempt to apply Heller's analysis of the Weimar crisis to the contemporary setting. In particular, Heller's theory relied on a robust social democratic statism which has become increasingly unpopular even among theorists on the political left.     

Redesigning the Family Law System to Promote Healthy Families

Family law professionals should be proactive in seeking and implementing constructive reforms. We identify some successful cutting‐edge reforms: (1) family resource centers, where all kinds of needs can be met; (2) informal family law trials, which streamline clogged calendars and provide an empowering and efficient forum; (3) licensed legal technicians, who increase public access to legal services; and (4) unbundled family law services. Second, we outline a protocol for implementation of reform developed by the Oregon Task Force on Family Law which is effective and replicable. Thoughtful reform of dispute resolution processes will serve family health and promote peace.

Key Points for the Family Court Community:
• Evolving family constellations, private ordering through pre‐ and postmarital agreements, an increase in self‐represented litigants, and shrinking judicial resources are changing family law dramatically.
• Thoughtful, practical process reforms are needed in order to accommodate these changes.
• Practitioners should be proactive about seeking out and implementing such reforms.
• Some reforms already finding success include family relationship resource centers, informal domestic relations trials, licensed legal technicians, and unbundled legal services.
• We outline a protocol with a proven track record of success for implementing cutting‐edge family law reform.