Quiescent Leviathan? Citizenship and National Security Measures in Late Modernity

The systematic study of political trials and national security measures tends to be associated with the old-fashioned genre of ‘state trials’. Although whiggish or critical reductionism has since tended to prevail, recent social historical work on protest movements, ideology, and rights struggles opens up fresh approaches. The current scholarly shift of attention away from the repressive powers of the state to plural sites of power, while representing an advance, also threatens to relegate the area to neglect. The modern renewal of national security measures can in fact be seen as part of a more complex deployment of law and linked to current debates around state formation, governmentality, and citizenship. As the late modern state is eroded from above by globalization, and from below by demands of identity politics and differentiated citizenship, will such repressive measures be revealed as an anachronism or continue as a final resource of the state in crisis?     

Three Strikes Legislation and Sentencing Commission Objectives

Between 1993 and 1997, state legislatures across the country passed legislation popularly known as "three strikes and you're out" laws. These laws appeared at a time when sentencing commissions existed in many states, and the commissions were involved in the legislative debates leading to the votes on three strikes laws. Thus, the passage of three strikes laws can shed light on one type of interaction between sentencing commissions and legislatures. This article posits a variety of objectives for sentencing commissions during three strikes debates, each a response to the recurring "pathologies" that appear when legislative, judicial, and executive branch officials create sentencing policy. A survey of states that have passed three strikes laws indicates that sentencing commissions have not made any systematic difference in the legislative debates on these statutes. Commissions have little reason to oppose these laws absolutely, and could lose political credibility by doing so. Commissions have incentives instead to argue for limiting the scope of these statutes. Where commissions have been involved in the debates about habitual felon legislation, they have emphasized limits on judicial discretion, focused on the quality of legislative deliberations rather than on legislative outcomes, and devoted little attention to prosecutorial charging decisions.     

Why Medical Child Support is Important—and Complex

Courts resolving child support cases involving separated, divorced, and non‐marital children are charged with defining responsibility for health care coverage for the children under that order. This article explores historical and current medical child support requirements under Title IV‐D of the Social Security Act—the national child support enforcement (“IV‐D”) program. It analyzes legal requirements and policy recommendations, and provides a practical tool judges may use to determine whether health care coverage available to either or both parents is appropriate—that is, comprehensive, accessible, and affordable.     

The INSPIRE Framework: How Public Administrators Can Increase Compliance with Written Requests Using Behavioral Techniques

Public administrators rely on written communications to send information to citizens and stakeholders, and they are among the heaviest users of the postal service. Behavioral science research has identified several techniques that public administrators can use to increase compliance with written requests and, in turn, increase effectiveness. Currently, however, many written communications from government bodies are not written in a manner that utilizes these techniques. It remains an ongoing challenge for public administrators to identify, understand, and use these techniques in the written communications sent by their organizations. This article presents a framework capturing seven prominent techniques in a simple mnemonic—INSPIRE—that is already being used by several government bodies in Australia. It also provides practical examples of how to use each technique and demonstrates that using these techniques could result in large aggregate improvements in effectiveness and socially desirable outcomes of public administrators' written communications.     

Vigilantes,gangsters, and alcohol: clashing citizenship regimes in postwar Guatemala

In this volatile moment in Latin America, when relations between the state and citizens are in flux, people at the margins of society draw on various notions of citizenship in social conflicts over proper behavior and the common good. I examine an intergenerational conflict over the legality of alcohol in an indigenous village in Guatemala to show how its protagonists creatively recombine different aspects of the various citizenship regimes that they have encountered. Elders have formed vigilante justice groups to combat the youth they consider gangsters. While the vigilantes draw upon a discourse of obligation to justify their actions, the generation below them counters with a language of rights. Some argue that citizenship is less meaningful in contexts where state power is ambiguous and extralegal violence is commonplace. I argue that in such contexts, it is not that citizenship does not have meaning, but rather that its meaning is intensely contested.