Secret Law and the Value of Publicity*

Abstract. Revelations in the United States of secret legal opinions by the Department of Justice, dramatically altering the conventional interpretations of laws governing torture, interrogation, and surveillance, have made the issue of “secret law” newly prominent. The dangers of secret law from the perspective of democratic accountability are clear, and need no elaboration. But distaste for secret law goes beyond questions of democracy. Since Plato, and continuing through such non‐democratic thinkers as Bodin and Hobbes, secret law has been seen as a mark of tyranny, inconsistent with the notion of law itself. This raises both theoretical and practical questions. The theoretical questions involve the consistency of secret law with positivist legal theory. In principle, while a legal system as a whole could not be secret, publicity need not be part of the validity criteria for particular laws. The practical questions arise from the fact that secret laws, and secret governmental operations, are a common and often well‐accepted aspect of governmental power. This paper argues that the flaw of secret law goes beyond accountability and beyond efficiency to the role that law plays, and can only play, in situating subjects’ understanding of themselves in relation to the state. Secret law, as such, is inconsistent with this fundamental claim of the law to orient us in moral and political space, and undermines the claim to legitimacy of the state's rulers.     

In Pursuit of a Pacific Strategy:British Planning for the Defeat of Japan, 1943–45

This article seeks to explain why the British pushed for a role in Pacific operations during the Second World War when it faced other strategic priorities in Southeast Asia, as well as a powerful American military that maintained tight control over operational decision-making. Although several quarters in Whitehall, including the Prime Minister, Winston Churchill, had doubts about the necessity of a Pacific strategy, there were sensible reasons behind pursuing such a course. It would illustrate to an “anti-imperialist” America that Britain was not only interested in recovering its colonial possessions but also prepared to fight the Japanese on their homeland. More importantly, taking part in the main operations would allow the British to claim a voice at the peace table while helping to encourage the Americans to cement their close working relationship with Britain in the postwar period.     

THE PREVENTIVE EFFECTS OF ARREST ON INTIMATE PARTNER VIOLENCE: RESEARCH,POLICY AND THEORY*

Research Summary: This research addresses the limitations of prior analyses and reviews of five experiments testing for the specific deterrent effect of arrest on intimate partner violence by applying to individual level data consistent eligibility criteria, common independent and outcome measures, and appropriate statistical tests. Based on 4,032 cases involving adult males who assaulted their female intimate partners, multivariate regression analyses show consistent but modest reductions in subsequent offenses targeting the original victim that is attributable to arresting the suspect. Although the reductions attributable to arrest are similar across all five studies, other factors, such as the suspect's prior arrest record, are stronger predictors of subsequent offenses. The effect of arrest is also modest compared with the general decline in offenses toward the same victim during the follow‐up period. Policy Implications: These results lend limited support for policies favoring arrest over informal police responses to intimate partner violence. However, the analyses also show that despite police intervention, a minority of suspects repeatedly victimize their partners and that factors other than formal sanctions play larger roles in explaining the cessation or continuation of aggressive behavior between intimates. These findings suggest that new policies replacing or enhancing arrest that target potential repeat offenders might produce larger reductions in intimate partner violence.     

THE POLITICAL ECONOMY OF REGULATION: INTERESTS, IDEOLOGY, VOTERS, AND THE UK REGULATION OF RAILWAYS ACT 1844

Government regulation of the railways in the United Kingdom dates back to the 1840s. Between 1840 and 1844 three regulatory Acts were passed, and a system of government inspection set up which has remained substantially unaltered to the present day. The principal Act, that of 1844, contained controversial powers of rate-capping, state purchase of railways, and detailed price and quantity regulation. It is still frequently held that the Victorian era marked the triumph of laissez-faire and that W. E. Gladstone, the promoter of the 1844 Act, was one of its leading spokesmen. The article therefore explores why regulation occurred at all and why it took the forms it did. Gladstone's actions are evaluated in relation to the standard hypotheses about the origins of regulation. Hypotheses on the motives of MPS voting for and against regulation are tested using the Aydelotte dataset which contains very full personal and ideological data on the Mps of the Parliament of 1841–7.     

GENDER,SOCIAL NETWORKS,AND RESIDENTIAL BURGLARY*

Criminological researchers have devoted substantial attention to the nature and dynamics of residential burglary, but the role played by gender in shaping this offense remains largely unexplored. Feminist ethnographers have documented the fact that streetlife is highly gendered, and that this typically serves to marginalize women's participation in criminal networks and activities. Therefore, it appears likely that residential burglary—a prototypically social offense that requires good network connections—will be strongly influenced by gender dynamics. In this study, we analyze in‐depth, semi‐structured interviews with 18 female and 36 male active residential burglars to examine the ways in which gender structures access to, participation in, and potential desistance from, residential burglary. In doing so, we aim to provide an insider's view of how gender stereotypes are expressed, reinforced, and exploited within streetlife social networks, and how these networks shape the lived experience of men and women engaged in residential burglary.     

Forecasting General Fund Revenue: An Analysis of Idaho FY 1998 to FY 2011

Forecasting state general fund revenue (GFR) though business cycles means possibly confusing a cycle with an underlying long‐run trend. Relative to the actual revenue, the mean squared error of the academic, legislative, governor's, the growth path (GP), and Holt‐Winters (HW) forecasts for Idaho GFR was not significantly different than the naïve forecast's; the Combined GP‐HW forecast has significantly smaller mean square error. The GP model (ARIMA 1, 2, 1) produced a short‐run elasticity of revenue with respect to income of 1.05 (±0.05). The best GFR forecasts combined a HW two‐step‐ahead level with a GP one‐step‐ahead trend that provided a forecast of GFR with the smallest root mean square error between FY 1998 and FY 2009. A budget stabilization fund needs to be 34–40 percent of GFR for GFR to sustain growth at the state's long‐run expansion rate during a contraction.     

PREDICTING THE VIOLENT OFFENDER:THE DISCRIMINANT VALIDITY OF THE SUBCULTURE OF VIOLENCE*

This study tests the extent to which an adherence to the subculture of violence uniquely predicts a tendency to favor violence or instead predicts a more generalized offending repertoire, of which violence is part. Specifically, we use a unique analytic technique that provides the opportunity to distinguish empirically between the “violent offender” and/or the “frequent offender.” The results suggest that holding values favorable toward violence consistently predicts general offending but do not identify youth who systematically favor violence over nonviolence. This discussion considers the impact of these findings for the continued utility of the subculture of violence perspective.     

IT'S PUBLIC ADMINISTRATION,ROD, BUT MAYBE NOT AS WE KNOW IT: BRITISH PUBLIC ADMINISTRATION IN THE 2000s

This paper assesses what happened to academic public administration (PA) in Britain in the 2000s in the light of Rod Rhodes' gloomy prognostications about the future of the subject in the late 1990s. It argues that British PA had such a good decade in the 2000s, in funding, output, academic‐practitioner interaction and institutional developments, that it could almost be said to have ‘never had it so good’, even if ‘British PA’ was probably less internationally distinctive in the 2000s than a century before. But even if the subject flourished against the odds in the 2000s, Rhodes' sombre assessment of its future cannot be dismissed. British public administration faces several potential threats in the 2010s and beyond: in funding, research, and teaching capacity. But extinction still seems an unlikely fate for British PA even when a sombre view is taken of the funding outlook and the changing balance of supply and demand.     

THE SOCIAL ECOLOGY OF PUBLIC SPACE: ACTIVE STREETS AND VIOLENT CRIME IN URBAN NEIGHBORHOODS

Drawing on one element of the discussion by Jacobs ( 1961 ) of the social control benefits of “eyes on the street,” this article explores the link between the prevalence of active streets and violence in urban neighborhoods. Three distinct data sources from the Project on Human Development in Chicago Neighborhoods are merged to explore the functional form and potential contingency of the active streets–violence relationship: 1) video data capturing the presence of people on neighborhood streets; 2) longitudinal data on adolescents (11 to 16 years of age) and their self‐reports of witnessing severe violence; and (3) community survey data on neighborhood social organizational characteristics. The results from multilevel models indicate that the proportion of neighborhood streets with adults present exhibits a nonlinear association with exposure to severe violence. At low prevalence, the increasing prevalence of active streets is positively associated with violence exposure. Beyond a threshold, however, increases in the prevalence of active streets serve to reduce the likelihood of violence exposure. The analyses offer no evidence that the curvilinear association between active streets and violence varies by levels of collective efficacy, and only limited evidence that it varies by anonymity. Analyses of data on homicide and violent victimization corroborate these findings.     

THE ELUSIVE RELATIONSHIP BETWEEN COMMUNITY ORGANIZATIONS AND CRIME: AN ASSESSMENT ACROSS DISADVANTAGED AREAS OF THE SOUTH BRONX

Several theoretical perspectives posit a negative association between the extent of a neighborhood's organizational infrastructure and crime; yet, empirical support for this proposition has been limited in that researchers generally examine only a few types of organizations or combine them into one aggregate measure. Studies with few measures may omit organizations that are effective at reducing crime, whereas those using aggregate measures obscure differences across organizations in their ability to control crime. Using data from 74 block groups in the South Bronx, NY, this research seeks to specify more clearly the relationship between organizations and crime in a disadvantaged urban environment. We examine the relationship among nine different types of organizations and violent and property crime controlling for prior crime, land use, and area sociodemographic characteristics. Consistent with theories that highlight the importance of organizations for establishing ties outside the neighborhood, we find that block groups with more organizations that bridge to the larger community experience a decrease in crime. Property crime also is reduced in block groups with more organizations that promote the well‐being of families and children. We find that schools are associated with an increase in property crime, whereas the effects of other organizations are context specific and vary based on neighborhood racial composition, commercial land use, and disadvantage.