Heteronormativity and the European Court of Human Rights

This article examines a recent judgment by the European Court of Human Rights (E.B. v France) that upheld the complaint of a homosexual woman who alleged that her application for authorization to adopt a child had been refused by domestic French authorities on the grounds of her sexual orientation. I argue that the judgment constitutes an innovative and atypical legal consideration of, and challenge to, the heteronormative social relations of contemporary European societies. After exploring the evidence presented by the applicant, and the Court’s interpretation of it, I argue that in order to reach its judgment it was necessary for the Court to make a significant departure from its established jurisprudence in relation to sexual orientation. An essential element of this involved the adoption of a distinctive critical approach, strongly resonant with aspects of ‘queer theory’, which focused attention on the social, cultural and political construction of normative heterosexuality. Whilst a number of commentators have assessed the importance of the judgment in terms of its evolution of ‘gay rights’ in the area of family life, I argue that the Court’s reconceptualized ‘theoretical’ understanding of, and critical approach to, heteronormativity offers the potential to expand the scope of the European Convention on Human Rights across a number of areas of social life—in marriage, public assembly, freedom of expression, as well as family life—where non-heterosexuals continue to face discrimination in contemporary Europe.     

Analysing the new Taliban Code of Conduct (Layeha): an assessment of changing perspectives and strategies of the Afghan Taliban

Periodically, Afghanistan's Taliban leadership formally issues Layeha or ‘codes of conduct’ for their fighters and supporters. Layeha offer important insights into the Afghan Taliban's objectives, strategies and the psyche/perspective of Taliban leadership. This article presents an analysis of the Taliban's code of conduct and examines what Layeha tell us about Taliban objectives, strategy and organization. Such information would seem particularly important as the United States as well as its coalition allies assess their Afghan operational strategy as well as exit strategy from Afghanistan. This analysis of the Layeha suggests that the Taliban remain most concerned with: chain of command principles preventing the fragmentation of the various Taliban networks; obtaining and maintaining public support by winning ‘hearts and minds’ of local residents; ensuring enough fighters remain engaged in combat; and galvanizing the perception that the Taliban represent a capable, desirable and fair alternative to the current Afghan political establishment.     

Creating an art therapy anger management protocol for male inmates through a collaborative relationship

A training partnership was established with the Florida Department of Corrections in 2003, and over the ensuing years, art therapy graduate student interns from Florida State University's Graduate Art Therapy Program have been placed in local prisons at different times. Recently, the art therapy interns worked closely with the supervising psychologist in one prison to alleviate and redirect aggression by integrating cognitive-behavioral techniques with art therapy directives. The art therapy interns and the psychologist developed a curriculum using a combination of workbook exercises and art tasks to develop and increase the participants' anger management skills, the Art Therapy Anger Management Protocol. This article provides an overview of art therapy in prison, the cognitive-behavioral approach to anger management with prison inmates, and how art therapy was used to support this approach. Examples of completed art tasks designed to correspond with the workbook curriculum are presented. Overall, this article presents the successful collaboration between the psychologist and art therapists and demonstrates how they facilitated improvement in the participants' anger management skills through this program.     

Parole Board Members’ Views of Sex Offender Registration and Community Notification

Little is known about how criminal justice officials perceive fairness, efficacy or scope of sex offender registration and community notification procedures, despite their importance in implementing such policies. There is also scant literature regarding parole board members and their attitudes or approaches to their work. This study addresses both issues by examining the attitudes and beliefs regarding sex offender registration and community notification among members of state parole boards. Using a survey methodology, including the Community Attitudes Toward Sex Offenders (CATSO) scale (Church, Wakeman, Miller, Clements, & Sun, 2008), parole board members are shown to hold moderate views of the importance of such practices and to frequently question the efficacy and scope of registration and community notification. Additionally, the CATSO is shown to not be of assistance for understanding the views of parole board members.     

Donor conception legislation in Victoria, Australia: the "Time to Tell" campaign, donor-linking and implications for clinical practice

The State of Victoria in Australia was one of the first jurisdictions in the world to introduce legislation regulating donor conception. Under the Infertility (Medical Procedures) Act 1984 (Vic), donor-conceived people, aged 18 years and over, parents of children under 18 years, and donors gained the right to apply for the release of identifying information about each other recorded in a Central Register. As a result, of this and subsequent legislation, services providing donor treatment were obliged to change clinical practice relating to recruitment of donors, counselling of donors and recipients and recordkeeping. Since this legislation was introduced in 1988, over 5,000 donor-conceived children have been born and in 2006 the first 100 of these children reached the age of 18. The Victorian Infertility Treatment Authority (ITA) conducted a public education campaign to provide information and support to people affected by the legislation. This article describes clinical practice changes prompted by legislation, the 'Time to Tell" campaign and the service model developed for linking parties on the donor registers. The Victorian experience demonstrates that laws allowing the parties involved in donor conception access to information about each other must be accompanied by changes to clinical practice, public education about the implications of the laws, and services to meet the needs of those seeking information relating to donor conception and those contacted as a result.     

Offender Presence, Available Victims, Social Disorganization and Sex Offense Rates

The present study examines the utility of social disorganization theory for identifying community characteristics associated with varying rates of sex offenses both in general and against children. Measures of economic deprivation, community stability, cohesion, informal social control, presence of known offenders, and available opportunities are used in one urban county (Louisville, KY) to identify characteristics of census tracts with high rates of sex offenses. Results show that social disorganization theory is a moderately useful explanation for sexual offenses against adults, but not for sexual offenses against children.     

Isolation and Individualization of Conceptus and Maternal Tissues from Abortions and Placentas for Parentage Testing in Cases of Rape and Abandoned Newborns*

Abstract: Abortion specimens are often submitted to forensic laboratories as the only piece of physical evidence in rape and incest cases. The recovery of conceptus tissues from this evidence permits the use of paternity testing to evaluate suspects. In cases of abandoned newborns, the recovery of maternal tissue from the placenta allows for the direct comparison of genetic profiles between the suspected mother and the biological mother. We report on the identification and isolation of conceptus tissues from embryonic‐ and fetal‐period abortions, and maternal tissues from delivered placentas, by gross and low‐magnification examination with manual dissection. Hundreds of single‐source samples have been successfully recovered by this method and short tandem repeat typed using standard forensic procedures. We additionally describe extraembryonic tissues that can be recovered and typed in the absence of the embryo proper. We conclude that an expertise and protocols can be developed by forensic laboratories for the routine analysis of this evidence.     

EC Competition Policy: Is the Role of the Substantial Part of the Common Market in Determining Jurisdictional Subsidiarity Redundant?

The importance of the principle of subsidiarity lies in its role in drawing the demarcation line between EU and member state responsibility for policy formulation and implementation. In theory, the application of the principle of subsidiarity appears relatively straightforward based on the scale and effects of the action in question. The reality is somewhat more complex, at least in respect of two competition policy instruments—Article 102 EC and the ECMR. At the heart of this complexity is the little understood notion of a substantial part of the common market which, relative to competing jurisdictional subsidiarity tests, can fail to assign cases to the appropriate jurisdiction. This leads to the conclusion that the substantial part test is superfluous as the affects trade criterion and the distinct markets test perform the allocative role more effectively in relation to Article 102 and the ECMR respectively.     

Differential Effects of Adult Court Transfer on Juvenile Offender Recidivism

Prior research indicates that adolescent offenders transferred to adult court are more likely to recidivate than those retained in the juvenile system. The studies supporting this conclusion, however, are limited in addressing the issue of heterogeneity among transferred adolescents. This study estimates the effect of transfer on later crime using a sample of 654 serious juvenile offenders, 29% of whom were transferred. We use propensity score matching to reduce potential selection bias, and we partition the sample on legal characteristics to examine subgroup effects. We find an overall null effect of transfer on re-arrest, but evidence of differential effects of transfer for adolescents with different offending histories. These results suggest that evaluating the effects of transfer for all transferred adolescents together may lead to misguided policy conclusions.