Legal History and the Problem of the Long Civil Rights Movement

This essay offers a critical examination of use of the term “long civil rights movement” as a framework for understanding the legal history of the battle against racial inequality in twentieth‐century America. Proponents of the long movement argue that expanding the chronological boundaries of the movement beyond the 1950s and 1960s allows scholars to better capture the diverse social mobilization efforts and ideas that fueled the black freedom struggle. While not questioning the long framework's usefulness for studying the social movement dynamics of racial justice activism, I suggest that the long framework is of more limited value for those who seek to understand the development of civil rights, as a legal claim, particularly in the first half of the twentieth century. The tendency of long movement scholars to treat civil rights as a pliable category into which they can put any and all racial justice claims is in tension with historical understandings of the term. Susan Carle's Defining the Struggle: National Organizing for Racial Justice, 1880–1915 suggests an alternative approach. Her detailed and nuanced account of a period in American history when racial justice activists understood civil rights as a relatively narrow subset of legal remedies within a much broader struggle for racial equality indicates the need for an alternate history of civil rights—one that places the evolving, contested, and historically particularized concept of civil rights at the center of inquiry.     

Risky Business: Behavioral Profiles of Sexually-Impulsive Adults in the United States

The goal of the present study is to clarify the heterogeneity of risky behaviors (such as substance use, gambling, and crime) and psychiatric disorders among a large sample of 5304 nationally representative adults who acknowledge engaging in sexually-impulsive behaviors. Participants were selected from more than 43,000 respondents of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC). Latent class analysis was used to identify subgroups of sexually-impulsive individuals and then multinomial regression was used to identify the relative risk for comorbidity with related impulsive behaviors or psychiatric disorders. Results showed that a four class solution provided the best fit and revealed higher odds of experiencing specific comorbid risky behaviors or psychiatric disorders based on class membership. Results challenge the widely held notion that self-regulatory behaviors are impacted globally, and instead suggest that certain self-regulatory behaviors are more likely to be impacted when other underlying conditions are present in sexually-impulsive individuals. Implications of this heterogeneity and recommendations for health care providers are discussed.     

Produced Water—Emerging Challenges,Risks, and Opportunities

Produced water should be viewed as an environmental asset—part of the water resource solution—not as a waste that contributes to environmental problems; its treatment and reuse can reduce the stress on fresh water resources. Treatment cost is the most significant factor determining the volume of produced water that will be available for reuse. Water pricing, which is in large part a matter of public policy, must also be considered when reexamining how to maximize the use of this valuable resource. When deciding whether to treat and use produced water companies will need to weigh the risk of litigation and regulatory enforcement actions against the benefits of introducing treated water into the stream of commerce. Allaying the public's fear of chemicals in the water supply is also a significant factor in determining whether produced water is viewed as part of a water resource solution or as a waste by-product.     

New Jersey Appellate Division Affirms Allocation to Insured for Pre-December 2004 Insolvencies

The New Jersey Appellate Division has held that in long-tail allocation cases, the policyholder remains responsible for amounts allocable to insurers who became insolvent before December, 2004, and that the rule announced in Farmers Mutual Fire Ins. Company of Salem v. N.J.P.L.G.A. does not apply to such insolvencies because the Legislature specifically provided that the statutory amendments that formed the basis for the Farmers Mutual decision applied prospectively from their effective date. The decision confirms that for insolvencies that took place before the amendments' effective date, New Jersey's common law rule that the policyholder bears the risk of insolvencies and is responsible for shares allocable to them still applies. The Court's decision strengthens insurers' arguments that Farmers Mutual did not alter the common law rule for policies that are not subject to the 2004 amendments to New Jersey's Property-Liability Insurance Guaranty Association Act or Surplus Lines Insurance Guaranty Fund Act.     

Inmate attitudes toward the conjugal visitation program in Mississippi prisons: An exploratory study

The purpose of this study is to compare and contrast attitudes of Mississippi inmates who participate in a conjugal visitation program with inmates who do not participate in such a program. Logistic regression analyses reveal no differences between participant and nonparticipant attitudes toward the conjugal visitation program. However, differences exist among gender and racial lines and several of the attitudinal issues regarding the program. Policy implications are also addressed.     

The Decline of Federalism and the Rise of Morality-Policy Conflict in the United States

Morality policies-such as those pertaining to abortion, capitalpunishment, gambling, gay rights, pornography, and sex education—generateconflict over core values. These policies tend to be technicallysimple, potentially salient to the general public, and involvehigher than normal levels of citizen participation. They are,therefore, highly susceptible to being thrust into the activephase of policymaking when an incongruity develops between publicopinion and public policy. The reservation of authority to thestates on these issues embodied in the Tenth Amendment to theU.S. Constitution allows for closer policy-opinion congruence,therefore stabilizing morality policy politics. However, recentfederal actions on a range of morality policies have thrustthese issues onto the active political agenda of the states.     

Winners, Losers, and Efficiency: Achieving Multiple Goals in Japan's Financial System Reforms

When giving policy advice, economists often proceed as if efficiency is the only valid social goal. Although efficiency is important, we argue that single-minded pursuit of it is counterproductive. It unnecessarily erects political hurdles to the enactment of efficiency-enhancing reforms because policy proposals that ignore valid, nonefficiency concerns are more likely to meet political and bureaucratic resistance. Moreover, such resistance may be avoided. A number of design principals can be employed to craft proposals that address political goals without abandoning efficiency. We describe three classes of principles: creative design of market mechanisms, maintenance of marginal incentives, and compensation for losers.We then illustrate their practical application in the context of Japanese financial-sector deregulation. This policy area usefully illustrates the importance of considering multiple goals in policy design. While efficiency is a frequently expressed goal, Japan's continued policy paralysis indicates that the bureaucratic and political goals of major stakeholders make the straightforward deregulation of financial markets difficult to achieve. We do not purport to resolve the entrenched barriers to economic reform in Japan, but to the extent that we identify and address valid nonefficiency goals, the conclusions of the analysis are relevant.     

A PARTNERSHIP FOR REGIONAL COLLABORATION

Urban policy is out of alignment with domestic problems arising from the global economy, sprawling metropolitan regions, and distressed neighborhoods. A new urban policy, grandly conceived and dramatically announced and implemented, is needed. Our article maps out a new urban policy framework, with new roles and responsibilities for agencies and institutions, using innovative tools and improved management, with alternative adaptation strategies. Such a policy must be agile and diverse—characteristics not common in federal policy generally.     

Predicting Serial Killers' Home Base Using a Decision Support System

The effectiveness of a geographical decision support tool (Dragnet) forlocating the base of serial offenders was compared across 570 modelscomprised of a range of negative exponential functions, buffer zonecomponents, and normalization parameters. The models were applied to thebody disposal locations within each series for 70 U.S. serial killers. Twonormalization parameters were compared for all functions. The test ofeffectiveness was a specifically defined measure of search cost. Whenapplied to the Dragnet predictions it was found that the specially developednormalization parameter (QRange) produced the optimal search costs. Theoptimal search cost was also found to be for a function that did not includeany buffer zone. The optimal, average search cost across the whole samplewas 11% of the defined search area. Fifty-one percent of the offendersresided in the first 5% of the search area, with 87% in the first 25%. Allresided in the total defined search area. These results support thepotential for operational tools using such procedures as well ascontributing to our understanding of criminal's geographicalbehavior. The applicability to other forms of serial crime is considered.