The legislative recreation of RICO: Reinforcing the ``myth' of organized crime

This paper uses historical content analysis to examine the implementation ofthe Racketeer Influenced Corrupt Organizations Act (RICO). It is argued thatthe historical events leading to the definition of organized crime as an alienconspiracy still affect RICO's use some 30 years after its passage. This paper applies state-centered theory to the theoretical frameworks of sociology of knowledge and innovation diffusion. This approach is used to relate the current implementation and controversy of RICO to the alien conspiracy view. Thought of in this context, legal implementation is the result of a knowledge creation and diffusion process. This paper demonstrates how one knowledge diffusionprocess (the acceptance of organized crime as a national conspiracy in 1970) leads to a new knowledge diffusion process (the use of RICO).     

The Equal Chance To Have One's Vote Count

Law and Philosophy -     

INTRODUCING PERSPECTIVES IN FAMILY LAW AND SOCIAL SCIENCE RESEARCH

This article provides an editorial introduction to the following three related articles on the growing use and influence of social science research in family law. It first considers why this has become problematic and identifies some common strategies used by advocates, sometimes under the guise of scholarship, to destroy the standing of research findings contrary to their ideological or political position. Then it discusses briefly the remedies proposed to mitigate these kinds of problems within the following three articles.     

THE CAUSES OF GIRLS’ DELINQUENCY AND THEIR PROGRAM IMPLICATIONS

This article summarizes some of the literature reviewed by the Girls Study Group, which is a federally funded project aimed at assessing the causes of girls’ delinquency as well as evaluating programs to address it. The literature reveals that a number of factors such as family dysfunction, involvement with antisocial peers, and living in disadvantaged neighborhoods are correlated with delinquency for both boys and girls. Some factors, however, are gender sensitive, meaning that either girls are more exposed to a given risk factor than boys or react somewhat differently to a given risk factor. Girls have higher rates of exposure to sexual assault, which is associated with delinquency and, although more research is needed, they are more affected by the impacts of early puberty, when it is coupled with harsh parenting and disadvantaged neighborhoods. This article discusses some implications of the research on correlates of delinquency for programming for girls and makes recommendations for program selection.     

PUNCHING THE PARENTING TIME CLOCK: THE APPROXIMATION RULE,SOCIAL SCIENCE,AND THE BASEBALL BAT KIDS*

The American Law Institute proposes that in contested physical custody cases the court should allocate to each parent a proportion of the child's time that approximates the proportion of time each has spent performing caretaking functions in the past. Examined through the lens of child development research, the approximation rule is unlikely to improve on the best interests standard. It is difficult to apply; is perceived as gender‐biased; creates a new focus for disputing parents; renders a poor estimate of parents’ contributions to their child's best interests; overlooks parents’ intangible, yet significant, contributions to their child's well‐being; and miscalculates the essence of how a child experiences the family. A preferable alternative is a better defined, contemporary best interests standard that accommodates new knowledge and reforms that encourage nonadversarial, individualized resolutions of custody disputes.     

Link to live webcast may constitute copyright infringement

Having found that a deep hyperlink on Davis' website to livestreaming of a motorcycle race owned by Live Nation constitutescopying, the court granted Live Nation's Motion for summaryjudgment in its copyright infringement claim and enjoined Davisfrom maintaining the link.     

CHILD SUPPORT GUIDELINES

From a conflict resolution perspective, it is clear why the child support guidelines are not going to reduce the adequacy and compliance gaps in child support payment conflicts between parents. As it stands, the conflict over equally sharing child support is destructive rather than positive. The guidelines do not reframe the conflict for the parents, enabling them to believe the interests of children are more important than their own interests to win the child support battle. To transform conflict from destructive to positive, the elements of conflict–expression of the conflict, scarce resources and rewards, and interdependency–must be transformed. It is argued that the guidelines do not transform the conflict but facilitate it. Courts and attorneys are also significant players in the child support conflict.