A Tale of Two Laws: The U.S. Congress Confronts Habeas Corpus Petitions and Section 1983 Lawsuits

Actions by state prisoners have comprised a large and growing body of litigation in the U.S. federal courts over the past thirty years. State prisoners can challenge the validity of their state trial court convictions (habeas corpus petitions) and the constitutionality of the conditions of their confinement to state prisons and jails (Section 1983 lawsuits). Currently, one out of every five civil cases filed in the federal system is brought by a jail or prison inmate. When in the past did these cases begin to arise? What is the present trend? What does the future hold concerning the number of cases likely to be filed? These questions are at the heart of the current research. Care is needed in addressing these queries because it is neither easy nor obvious to know what propels the volume of litigation. Moreover, the future is especially difficult to predict in light of recent legislation adopted by the United States Congress to limit the number of habeas corpus petitions and the number of Section 1983 lawsuits filed each year. The unique contribution of the current research is threefold. First, an improved methodology is used to describe past patterns and to forecast future trends. Simply stated, prisoner litigation is hypothesized to be related to the number of prisoners. As the number of prisoners increases, the volume of litigation increases proportionately. What is not obvious about this relationship is that it has persisted over the past decades despite substantial changes in legal doctrines designed to affect the filing of the litigation. Second, the effects of two major congressional actions passed in 1996 to limit prisoner litigation are examined and assessed for their success in achieving their intended objectives. The first of these, the Antiterrorism and Effective Death Penalty Act, which sought to restrict habeas corpus petitions, is judged to have virtually no impact. The second piece of legislation, the Prisoner Litigation Reform Act, which sought to curtail lawsuits against correctional officials, appears to have lowered the volume of litigation in the short‐term, but has not disrupted the underlying link between the number of prisoners and the number of lawsuits. Finally, estimates are made of the future volume of litigation and the corresponding number of federal judges needed to resolve prisoner litigation. These estimates have the advantage of being based on significant statistical relationships and accounting for the effects of recent congressional action.     

Violence and Sexual Coercion in High School Students' Dating Relationships

A review of the dating violence literature reveals a limited number of studies with high school students and few studies that investigate the contextual issues of violence, such as meaning, motivation, and consequences. The present study sought to investigate the extent of dating violence victimization in a New Zealand sample of senior high school students (aged 16 to 18 years) and the perceived reasons for the violence, emotional effects, disclosure of the violence, and relationship consequences. A questionnaire that contained both open-ended and forced-choice items pertaining to experiences of violence and its consequences was developed using material gathered from focus group discussions with high school students. Findings showed gender similarity in the extent of violence and a number of significant gender differences in the aftermath of violence, particularly in the area of sexual coercion. These findings are discussed in the context of future research and prevention of dating violence.     

Laos: “no place to hide”

Abstract

If the U.S. intervenes in the third world in the next decade it is likely to model its actions on experience in Laos rather than to duplicate the frustrations of Vietnam. While the two wars are similar in terms of destruction and dislocation of civilian populations (with Laos having sustained even greater devastation than Vietnam), the strategies directing them differ significantly. For in Laos, without introducing its own combat troops, the U.S. has secretly waged a more extensive war on foreign soil than any other nation in history. Incorporating the lessons of Vietnam, synthesizing previous Western experience in counter-insurgency, and operating almost exclusively through executive decrees, the American military in Laos has devised a pattern of warfare likely to become the quintessential model for future attempts to fight localized guerilla conflicts.     

Bringing the ‘economic’ back in;the case of nationalism

Marxism and Nationalism analyses the histroy of thinking on nationalism within classical historical materalism from Marx and engles themselves, through lenin and the Austro-Marxists to Gramsci. While it identifies variations in the degree of reductionism and economism involved, it finds a recurrent distorian due to the underlying errors of Marxist theory itself. The theorist who most escaped from these constraints was Otto Bauer. Nimni's analysis, while rich and suggestive, is however too indulgent towards nationalism itself, and fails to identify the enduring importance of economic factors in the rise of nationalist movements. Itis also mistakenly identifies as specific to marxism a belitting of nationalism that is common to much liberal and sociological thought.     

Political participation and city county consolidation: jacksonville-duval county

This article analyzes the effect of consolidation on the perception of power and influence in city and county government. It focuses specifically on the political effects of consolidated government by examining the extant literature and assessing the political impacts of consolidated government in Jacksonville-Duval County. Using an interrupted time series analysis of voter participation, taxes, and expenditures were examined to determine the impact on consolidation and to explore the consequences of administrative reform.     

Consumer perspectives of New Zealand community treatment programmes for sexually abusive youth

Abstract

The aim of this process evaluation was to identify consumer perspectives of strengths and weaknesses of programme delivery at three New Zealand community treatment programmes for sexually abusive youth. Qualitative methods were employed, with data being obtained from in-depth interviews with 24 sexually abusive youth and 23 caregivers across three sites. Results indicated that clients value good pre-entry information to reduce barriers to participation; engagement in treatment is facilitated by the quality of the client–therapist relationship, family involvement, culturally appropriate communication and creative and physical activities; and post-treatment support is important. Findings highlight the importance of engaging adolescents and their families actively during the intake period, the treatment phase and post-treatment transition. They also support the use of flexible and integrated approaches to treatment that attend to the cultural context for ethnic minorities. This suggests that programmes should aim to provide wraparound services that promote engagement during the referral phase and offer transitional programmes and aftercare follow-up. Recognition should also be given to issues of cultural difference by ensuring that cultural services for ethnic minorities are integrated into all levels of programme delivery.     

Northern Exposure

正Canadian Prime Minister Stephen Harper’s latest visit to China occurs at a time when bilateral relationship is attracting attention in some unusual quarters For American politicians,especially those campaigning for the presidency,Canada usually is an afterthought.But Canada’s