On Giving Legal Form Its Due. A Study in Legal Theory

Abstract.  The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms, along with complementary material or other components of the units, for values realized through law.     

Regulatory Risk Management of Psychoactive Substances

Congress and the Drug Enforcement Administration have assigned certain psychoactive substances to one of five schedules, based on assumed or demonstrated abuse potential. Although formidable difficulties exist in assessing the hazards of drug use, some of these assignments do not appear consistent with empirical estimates. This mismatch of assignment and abuse potential -possibly due to "radical" political ideology - obscures significant differences in drug effects, and therefore stifles meaningful public participation in evaluating the benefits, risks, and proper use (if any) of available psychoactive substances.     

Reentry and Removal: Implications for Juvenile Confinement Facilities

An important national initiative in juvenile justice is Juvenile Offender Reentry (JOR). The renewed emphasis on offender reintegration has generated significant attention to juvenile justice practices, with the notable exception of juvenile confinement facilities. Juvenile detention and, to a lesser degree, juvenile corrections practitioners are involved but not invested in reentry, having made very few programmatic changes to accommodate JOR initiatives largely because these initiatives have been external to the institution and its staff. Yet, reentry is a powerful concept for juvenile facility practitioners, and the application of reentry principles could have a profound impact on daily operations. This article addresses a range of issues about investing juvenile institutions in reentry practices. Several reentry models are discussed along with their implications for daily operations and programs.