Defining Defamation: Community in the Age of the Internet

The ability to instantly communicate with a global audience has created numerous legal uncertainties as jurists struggle to adapt age-old jurisprudence to modern-day technologies —and defamation jurisprudence is no exception. The definition of a plaintiff's community is critical to his or her ability to succeed in a defamation lawsuit, often determining whether the plaintiff is a public figure or whether the plaintiff's reputation has been injured in his or her community. This article examines federal and state defamation jurisprudence to compare the factors courts have used to define community in both traditional print and broadcast cases with the factors used in more recent Internet defamation cases. It then suggests three possible rubrics courts could employ to more uniformly define community in Internet defamation cases.     

An analysis of the relationship between being deaf and sexual offending

Abstract

Research demonstrates that deaf offenders are over-represented within the criminal justice system. In addition, those deaf offenders who are incarcerated within prison estates or psychiatric units are predominantly incarcerated for sexual offences. This paper will evaluate the existing literature surrounding the reasons behind this bias. In particular, this review will examine the characteristics of deaf offenders in relation to their personalities, language and brain development and abilities to communicate. This paper will consider proposed associations between mental illness and childhood sexual abuse amongst deaf individuals and later sexual offending. This paper attempts to evidence differences between deaf and hearing offenders in order to explain why more deaf offenders commit sexual crimes than hearing offenders. This paper will conclude that the research is scarce and inconclusive and that current assessments and treatment are potentially inadequate due to the profound difficulties associated with accurately understanding and communicating with the deaf offender.     

An imaginary orthodoxy — a reply to Laurence Harris

The view that world religions contain inherent implications for economic and political action is examined and criticised. Some of the inherent implications attributed to Islam are reviewed. Various authors have attributed contradictory implications to Islamic doctrines. This is because they have referred to different parts and aspects of Islamic religion and society, which like all other complex religions and civilisations have manifested a great variety of forms. The historical development of Islam is divided into three stages and these are in turn related to the economic and political processes basic to all pre-capitalist empires. Patterns of economic and political activism are related to the conditions prevailing at the different stages and to the religious formations within Islam. In particular, it is argued that the failure of the bourgeoisie of Muslim cities to achieve political autonomy and dominance (in contrast to their Western European counterparts) is not a consequence of religious attitudes favouring passivity, but results from the position of these classes in relation to the State and the dominant military classes.     

Congressional Intelligence Oversight: The Electoral Disconnection

This article seeks to reconcile congressional oversight models in theory with oversight realities in intelligence. For nearly three decades, political scientists have argued that Congress controls the bureaucracy – and in surprisingly efficient ways. Yet the history of intelligence oversight suggests the opposite. We take a fresh look at the logic and empirics of police patrol and fire alarm models and find that neither explains intelligence oversight well. Both rely on assumptions, such as the presence of strong and plentiful interest groups, which characterize domestic policy but not US intelligence policy. Our data – comparing committee hearing activities, legislative productivity, and interest groups across different policy domains between 1985 and 2005 – reveal that oversight varies dramatically by policy issue, and that intelligence almost always ranks at the bottom. Ironically, the same electoral incentives that generate robust oversight in some policy areas turn out to be far weaker in intelligence.     

Does Spending More Get More? Health Care Delivery and Fiscal Implications From a Medicare Fee Bump

While salient features of the Affordable Care Act include insurance expansions and private coverage reforms, various other provisions are embedded within the law. We focus on a temporary 10 percent fee increase for primary care visits supplied to publicly insured (Medicare) beneficiaries. Using administrative and survey data, we assess the price shock's impact on service volume, physician labor supply, and quality of care. Primary care physicians (PCPs) in independent practices demonstrate, at most, a marginal 2 percent increase in new patient visits while horizontally and vertically integrated PCPs show no change. Both PCP organizational types witness declines in established patient visits, on average, but there is marked heterogeneity: established patient visits increase by 1 to 2 percent among PCPs with fewer Medicare claims in the pre‐period. The Medicare fee bump did not observably impact other labor supply outcomes and quality of care margins. We estimate that the policy introduced a $1.5 billion transfer from taxpayers to providers during the initiative's first three years.     

The boundaries of belonging: gender,human trafficking and embodied citizenship

A ‘victim of trafficking’ is an identity that an individual can adopt to access legal resources that would otherwise not be open to them. However, this identity contains certain implicit assumptions about that individual and their experiences. This article analyses 12 applications for a one-year visa, written by women from the former Soviet Union who were trafficked to Israel and forced to sell sex. To apply for a visa as a ‘victim of trafficking’ applicants assert certain narrative tropes to emphasise their desire to belong in Israel. These tropes obscure the complexities of their experiences by emphasising themes of naivety and innocence, a commitment to familial obligations and a lack of agency. They reject the alternative identity of a migrant sex worker and distance themselves from any implication of a desire to illegally cross national borders. When they describe their hopes for the future, they assert normative gendered desires to marry and have children. This article argues that by closely aligning themselves with gender norms, these women seek to respond to conceptualisations of individuals who transgress gender and moral norms and who pose a threat to national borders and integrity.