Precedent, Parity, and Racial Discrimination: A Federal/State Comparison of the Impact of Brown v. Board of Education

Questions regarding Brown v. Board of Education 's short-term effect remain unanswered, particularly its comparative impact on federal district courts and state supreme courts. We test this through an analysis of racial discrimination cases in those venues in the twenty-year period bifurcated by the decision in May 1954. Our findings suggest that while federal district courts and state courts were similarly unresponsive to discrimination claims before that date, Brown exerted a significant impact on district court decisions but had little influence at the state level. Furthermore, a third pattern was found in federal appellate courts, where discrimination claims had a high likelihood of pro-minority decisions even before the Supreme Court directive.     

Use of Craniofacial Superimposition in Historic Investigation

A skeleton discovered in Grand Forks, North Dakota was purported to belong to Clelland “Clell” Miller, a James‐Younger gang member, who was killed during the Northfield Bank robbery on September 7, 1876. A 3‐D image from a computer tomography (CT) scan of the skull was obtained, and a craniofacial superimposition was conducted to determine if the skull could belong to Miller. The superimposition method used in this case was to overlay the CT image of the skull onto Miller's postmortem photograph. In addition to the craniofacial superimposition, the images were juxtaposed to compare similarities or differences in facial morphology between the skull and photograph. Superimposition methods can be used to exclude identifications; however, they should not be used as a conclusive method for identification. In this case, there were sufficient similarities between the skull and Miller's photograph; therefore, the skull could not be eliminated as possibly being that of Miller.     

False positive and false negative rates in self-reported intentions to offend: A replication and extension

Purpose

Studies of criminal decision making commonly rely on college students’ self-reported intentions to commit a hypothetical offense. The current study evaluates the predictive validity of these intentions to offend.

Methods

Undergraduate students (n = 726) read a fictitious but seemingly realistic newspaper article describing an illegal opportunity for acquiring digital music files, and then reported their intentions to act upon the opportunity. Afterward, participants’ real world attempts to follow-through on the opportunity were monitored covertly.

Results

Findings reveal that participants who reported weak intentions to offend typically refrained from the act, resulting in a low false negative rate. However, those who reported strong intentions to offend also typically refrained from the act, thereby resulting in a high false positive rate.

Conclusions

These findings suggest that while participants’ predictions of criminal abstention are generally accurate, their predictions of criminal involvement are more problematic. Such faulty intentions have important implications for research on criminal decision making.     

‘Managing’ the Middle Classes: Urban Managers,Public Services and the Response to Middle-Class Capture

There is a longstanding concern about middle-class capture of the benefits of public service provision, although relatively little evidence exists on the exact nature of any advantage or on the processes by which this comes about. Using a framework developed from Gal (J. Gal, 1998. Formulating the Matthew Principle: on the role of the middle-classes in the welfare state. Scandinavian Journal of Social Welfare, 7, 42–55), and via two case studies of street cleansing services in the UK, the article explores the ways in which middle-class service users assert influence in relation to service design, resource allocation and practice on the ground. It explores how urban managers respond to middle-class influence, revealing the ways in which influence is accommodated and the benefits of this to middle-class service users. It also evidences how urban managers attempt to resist aspects of middle-class advantage, and the challenges such resistance presents. The article concludes that the need to ‘manage’ middle-class influence permeates the routine institutional policies and practices of this key public service.     

Rhetoric and Reality: Can Ukraine Create an Effective Navy to Protect its Interests in the Black Sea?

Abstract

Since the ‘Orange Revolution’ Ukraine has been engaged in a comprehensive programme of naval transformation aimed at building an effective coastal defence navy able to protect its maritime interests in the Black Sea: an efficient and well run Ukrainian coastal navy that is inherently defensive in orientation can maintain good order at sea and protect Ukraine's security and can also make an important contribution to regional security and stability. Over the last few years Ukraine has been making steady progress in developing a balanced, flexible and deployable coastal navy able to engage in a full spectrum of defence activities. However, continued progress is likely to be hampered in the medium term by the high cost of naval transformation, the challenges of democratic consolidation and friction between Russia and Ukraine in the Black Sea.     

Giving Users A Plain Deal: Contract-Related Media Liability For Unmasking Anonymous Commenters

Could news organizations face civil liability for voluntarily unmasking their anonymous online commenters? This article examines that nascent legal question through a discussion of contract law applied to a study of seven news Web sites’ policies and practices. The study finds that although the news organizations claim that they zealously guard user privacy and will resist unmasking commenters under almost any circumstances, most of them have user agreements that would likely immunize them from civil liability for almost any reason. Are users getting a plain deal?     

Recovery of human DNA profiles from poached deer remains part 2: Improved recovery protocol without the need for LCN analysis

Although poaching is a common wildlife crime, the high and prohibitive cost of specialised animal testing means that many cases are left un-investigated. We previously described a novel approach to wildlife crime investigation that looked at the identification of human DNA on poached animal remains (Tobe, Govan and Welch, 2011). Human DNA was successfully isolated and amplified from simulated poaching incidents, however a low template protocol was required which made this method unsuitable for use in many laboratories. We now report on an optimised recovery and amplification protocol which removes the need for low template analysis.Samples from 10 deer (40 samples total — one from each leg) analysed in the original study were re-analysed in the current study with an additional 11 deer samples. Four samples analysed using Chelex did not show any results and a new method was devised whereby the available DNA was concentrated. By combining the DNA extracts from all tapings of the same deer remains followed by concentration, the recovered quantity of human DNA was found to be 29.5 pg ± 43.2 pg, 31 × greater than the previous study. The use of the Investigator Decaplex SE (QIAGEN) STR kit provided better results in the form of more complete profiles than did the AmpF?STR® SGM Plus® kit at 30 cycles (Applied Biosystems). Re-analysis of the samples from the initial study using the new, optimised protocol resulted in an average increase of 18% of recovered alleles. Over 17 samples, 71% of the samples analysed using the optimised protocol showed sufficient amplification for comparison to a reference profile and gave match probabilities ranging from 7.7690 × 10^? 05 to 2.2706 × 10^? 14.The removal of low template analysis means this optimised method provides evidence of high probative value and is suitable for immediate use in forensic laboratories. All methods and techniques used are standard and are compatible with current SOPs. As no high cost non-human DNA analysis is required the overall process is no more expensive than the investigation of other volume crime samples. The technique is suitable for immediate use in poaching incidents.     

Marital cruelty: reconsidering lay attitudes in England,c. 1580 to 1850

The mid-eighteenth century is seen as a turning point after which English legal and lay attitudes to cruelty expanded from life-threatening violence to include a wider range of behaviours. This article reconsiders this chronology of changing ideas about marital cruelty. It follows the lead of recent scholarship that challenges the thesis of a ‘civilising’ process in attitudes towards state-violence and inter-personal violence and draws on new conclusions about marital relationships, spouses' gendered roles, and early modern manhood, which complicate simplistic views of patriarchal unions. Focusing upon the full array of acts – not just life-threatening ones – discussed in cruelty cases from c. 1580 onwards, this article questions the convention that social toleration for husbands' use of violence against their wives declined from the 1750s as part of an overall civilising process.     

Female street sex workers,sexual violence,and protection strategies

Abstract

This paper reviews empirical findings on physical and sexual violence against female street working sex workers, drawing on the findings from the researcher's own study. Thirty-two female street sex workers were interviewed in a city in the South West of England during 1998. The ethical issues of researching female prostitution are discussed in relation to this specific research project. The main findings from the current literature and this original study highlight the possible connections between childhood sexual abuse, entrance into the sex industry at an early age, and continual experience of violence. This paper explores violence from pimps and clients as well as how the street environment exposes sex workers to risk. Concluding discussion explores the self protection strategies of individual sex workers and the female sex work community as a means of maintaining a survivor identity and not a victim identity.     

State policies and programs to preserve federally assisted low‐income housing

Abstract

Preservation of the existing assisted housing stock is likely to be a major housing issue throughout the 1990s and into the twenty‐first century. Federal legislation—the Emergency Low‐Income Housing Preservation Act and the Low‐Income Housing Preservation and Resident Homeownership Act—addresses the first wave of preservation needs and provides critically needed programs to maintain eligible units as assisted housing for the next 50 years.

This paper presents a brief review of federal preservation requirements and argues for state participation in the implementation of preservation programs. Seven areas are identified for state action, and leading state preservation programs are reviewed. Each state needs to ensure that a foundation is established to preserve these units over their useful life as decent, affordable housing. What the states learn from participating in the implementation of the federal preservation program will help them address future preservation needs and develop the capacity to manage the interdependent provision of assisted housing by the public, for‐profit, and nonprofit sectors.