Sustaining the State: Legal Consciousness and the Construction of Legality in Competing Abortion Activists' Narratives

This article investigates how activists involved in both sides of the street politics of abortion simultaneously create, are constrained by, and use law when recounting a period of conflict that resulted in litigation. The activists‐turned‐litigants' construction of legality is explored by identifying and analyzing patterns of inclusion, absence, amendment, and type of law (i.e., state or extrastate) in and across the stories they tell. It is found that even though there are multiple reasons to expect all of these activists to resist or amend the state's conception of law, their narratives ultimately reproduce state law's legitimacy and power. The activists' stories also illustrate that legal consciousness is contextually and experientially based and is therefore subject to change. This finding has implications for legal mobilization as well as for the nature of legal consciousness.     

Factors Affecting Individuals' Decisions to Use Community Mediation

This article presents research related to community mediation, specifically the factors affecting individuals' choices to accept or decline participation in the mediation process. Alongside a growing literature that emphasizes the significant benefits of mediation, this empirical study finds that individuals involved in personal relationships are more likely than individuals involved in business relationships to choose mediation. This data also finds a nonlinear and significant relationship between the length of time a conflict has been going on and participants' choice to use mediation. Finally, this article finds a significant and nonlinear relationship between differences in perception about the length of a conflict and whether a case is scheduled for mediation. Policy recommendations include suggestions to increase the use of mediation by responding directly to the cases that do not seem as likely to be mediated.     

Criminogenic Cyber-Capitalism: Paul Virilio, Simulation, and the Global Financial Crisis

This essay is a manifesto expounding the relevance of the critical theory of Paul Virilio to critical criminology. I interpret the global credit crisis as a criminogenic ‘event’, explicable in terms of Virilio’s theory of speed-politics. The trans-national space(s) of globalization are inherently criminogenic. ‘Power crime’ is the criminogenic ‘substance’ of global capitalism. Globalization—intensity, extensity, velocity, and impact—equates with cyber-capitalism, which ensures the operational primacy of simulation. Simulation, the fast moving manipulation of post-reality, causes the ‘disappearance of the real’, which underlines the epistemological crisis that attenuates global economic catastrophe. Simulation equates with the ‘logistics of perception’, which manifests itself through both pure war and speed-politics. Simulation and power crime merge on the level of the criminogenic manipulation of reality, resulting in the ‘accident’ of the global credit crisis. Power crime is the criminogenic medium through which the periodic crises of global capitalism will now occur.     

RISK AND PROTECTIVE FACTORS FOR SECONDARY GIRLS OF INCARCERATED PARENTS

In a review of the literature on child gender and gender‐specific effects for children of incarcerated parents, the present paper examines what we do and do not know about gender‐specific protective and risk factors for children of incarcerated parents. The nuanced effects of parental separation based on child gender are offered, drawn from secondary level girls in an all‐female support group operated at a secondary school in Little Rock, Arkansas for the past six years. Other programs are examined that evidence gender‐specific effects for boys and girls in those programs. A few basic statistical indices suggest that the gender of an adolescent separated from his or her incarcerated parents has differential impacts to be better studied and possibly considered in service programming. The results may enhance the outcomes for the girls, and perhaps the boys.     

Performance Measures,Ranking and Parental Choice: An Analysis of the English School League Tables

ABSTRACT

Parental choice among schools in England is informed by annually published school performance (league) tables. The 2006 league tables included a measure of contextual value added (CVA) for the first time. By explicitly accounting for the characteristics of a school's intake, the aim is that CVA should isolate the impact a school has on its pupils' progress and so provide a measure of school effectiveness. In this paper we use UK government administrative data to replicate CVA and other key performance measures in order to investigate the extent to which the current league tables provide the information necessary to support parental choice on the basis of school effectiveness. We find that school rankings based on CVA are largely uninformative for parents: almost half of English secondary schools are indistinguishable from the national average level of CVA.     

CONFLICT AND CO‐PARENTING: THE CONSTRUCTS OF NONRESIDENT FATHERS*

Scots law constructs a co‐parental role for nonresident fathers without clarifying how this should operate in practice. Personal Construct Theory (PCT) offers a useful approach to understanding such fathers’ distinct and changing conceptions of their role. Findings are presented from a study of 17 nonresident Scottish fathers maintaining contact with nonresident children. Idiographic analysis of data from repertory grid interviews administered three times over the course of a year shows that participants perceive family situations in terms of paternal involvement, impact, emotion, or antagonism. Changes in construing following family events support the PCT understanding of hostility; implications for family services are discussed.