Doctrine and Decision: Navigating Labour's New Constitutional Position in the Lords

The 2015–17 Parliament was the first time in history that the Conservatives were in government with no easily assembled majority in the House of Lords. This has fundamentally altered the role that Labour is able to play in the Lords and, conversely, that peers are able to play in the Labour party. Yet the political significance of this situation has not yet been fully appreciated by a party which remains culturally antagonistic and constitutionally wary of the Lords. In this paper, we draw on interviews with Labour peers, particularly the late Baroness Hollis of Heigham, who have been able to use the essentially conservative powers of the Lords for social democratic ends. We suggest that the Labour party needs to incorporate the second chamber into both its practical and symbolic politics, and to find ways to use this new source of constitutional power without accommodating to it.     

Sex Determination Using the Second Cervical Vertebra—A Test of the Method*

Abstract: Sex is one of the critical questions addressed when unidentified skeletal remains are discovered in forensic or archeological contexts. Continuous testing and re‐evaluation of existing techniques is essential to improve accuracy and precision. The Wescott (J Forensic Sci 2000; 45 (2):462–6) method of sex determination from dimensions of the second cervical vertebra was blind‐tested on 153 adult individuals from the Spitalfields documented collection of human skeletal remains held at the Natural History Museum, London. Significant sex differences were determined for all dimensions measured (independent two‐sample t‐test, p < 0.05–0.001). The discriminant functions developed by Wescott were shown to have an overall accuracy of classification of 76.99%. Using stepwise discriminant analysis, a discriminant function based on the Spitalfields data correctly classified sex in 83.3% of individuals and was able to classify males and females with equal accuracy. Additional discriminant functions are presented for use in instances where preservation of the second cervical vertebra is poor.     

The Problem of Emergency in the American Supreme Court

Sixty years before Carl Schmitt wrote his Political Theology, and more than a 100 years before President Bush announced a ‘war on terrorism’ the American Supreme Court grappled with the difficult issue of emergency powers in connection with issues arising out of the American Civil War (1861–1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the American Constitution specifically allocates the power to declare war to Congress. The Court solved the dilemma by arguing that in cases where no war has been declared, the decision whether the country is in a state of war is ultimately ‘a question to be decided by him [the President], and [the Supreme] Court must be governed by the decisions and acts of the political department of the Government to which this power was entrusted’ (Prize, p. 669). The precedent, which the Court thereby laid down, has since played out as an important leverage for the Bush government’s legal arguments in connection with the war on terrorism. This article engages the theoretical framework of Locke, Schmitt and Agamben in order to come to a better understanding of this important set of cases.     

re-reading horror stories: maternity,disability and narrative in Doris Lessing's <Emphasis Type="Italic">The Fifth Child</Emphasis>

The central issues raised in much of feminist literary theory's early scholarship remain prescient: how does narrative engage with the social‐historical? In what ways does it codify existing structures? How does it resist them? Whose stories are not being told, or read? In this article I use Doris Lessing's novel The Fifth Child (1988) as a text with which to begin to address the above questions by reading with attention to the mother story but also the ‘other’ stories operating both within and outside of the novel; in particular I am concerned with the convergence of maternity, disability and narrative. The novel's co-implication of sexual difference and corporeal difference reveals the ways in which the mother's story is both made possible and authorized by the disabled body of her child, and by his inability to tell his own story. Yet, if The Fifth Child is a horror story that uses the disabled child's body as its ground, it is also about the horror of maternity, in its conception and attendant choices. In this fictional story as well as in the social‐historical narrative circulating at the time of its publication in the late 1980s, both child and mother are indicted in their otherness and it is ultimately impossible to separate one from the other.     

Can text messages reduce incarceration in rural and vulnerable populations?

Reducing failures to appear (FTA) in court is a top priority for criminal justice practitioners and advocates. However, existing work on reducing FTAs through text message reminders focuses on large urban jurisdictions and defendants who are housed. Using a field study in Shasta County, California, we evaluate whether text message outreach can increase court appearances for housed and unhoused populations. We find housed defendants randomly assigned to the treatment group were 10% less likely to miss their next scheduled court date than defendants in the control group. We find no statistical difference in the FTA rate of unhoused individuals assigned to treatment or control groups, and cannot rule out large positive or negative effects. We find that improving the quality of contact information in court records could lead to large reductions in FTAs. Partnering with local social service providers may not, but more research is needed.     

A Tribute to Murray A. Straus

This article offers a brief tribute to the father of the field of family violence, Murray A. Straus, Ph.D. Murray spent the bulk of his career at the University of New Hampshire, where he studied partner violence, corporal punishment, developed the Conflict Tactics Scales, and mentored thousands of students, post-doctoral research fellows, and colleagues alike. His productivity and the significant impact that he had on the field and the public at large, in addition to his warmth and good humor, are noted here.     

Acculturation, partner violence, and psychological distress in refugee women from Somalia

This study examined the relations among acculturation, domestic violence, and mental health in 62 married refugee women from Somalia. Refugees from Somalia constituted the largest group of refugees entering the United States in 2005, and little is known about the presence of domestic violence in this group. The results showed that women who reported greater ability to speak English also reported more experiences of partner psychological abuse and physical aggression. Experiences of more psychological abuse and physical aggressions also predicted more psychological distress. Implications for future research and psychological services are addressed.