“The Empire Strikes Back”: The US Assault on the International Human Rights Regime

We argue that the post-9/11 environment has amounted to a substantive change in the longstanding United States relationship with the international human rights regime. We identify three distinct phases of that relationship, noting that in the most recent phase, since 9/11, the US has moved from passive support of the international human rights regime to a direct attack of that regime. Realist and liberal regime theories suggest that the human rights regime is relatively weak, and is unlikely to withstand such an attack. We find that the regime has not only continued to persist, but has flourished even as US support has faltered. The human rights regime is surprisingly strong. We argue it is the ideological nature of the regime that explains its resilience, which suggests that constructivist theory is necessary to fully understand the human rights regime.

Conditional Race Disparities in Criminal Sentencing: A Test of the Liberation Hypothesis From a Non-Guidelines State

Objectives

To test the liberation hypothesis in a judicial context unconstrained by sentencing guidelines.

Methods

We examined cross-sectional sentencing data (n = 17,671) using a hurdle count model, which combines a binary (logistic regression) model to predict zero counts and a zero-truncated negative binomial model to predict positive counts. We also conducted a series of Monte Carlo simulations to demonstrate that the hurdle count model provides unbiased estimates of our sentencing data and outperforms alternative approaches.

Results

For the liberation hypothesis, results of the interaction terms for race x offense severity and race x criminal history varied by decision type. For the in/out decision, criminal history moderated the effects of race: among offenders with less extensive criminal histories blacks were more likely to be incarcerated; among offenders with higher criminal histories this race effect disappeared. The race x offense severity interaction was not significant for the in/out decision. For the sentence length decision, offense severity moderated the effects of race: among offenders convicted of less serious crimes blacks received longer sentences than whites; among offenders convicted of crimes falling in the most serious offense categories the race effect became non-significant for Felony D offenses and transitioned to a relative reduction for blacks for the most serious Felony A, B, and C categories. The race x criminal history interaction was not significant for the length decision.

Conclusions

There is some support for the liberation hypothesis in this test from a non-guidelines jurisdiction. The findings suggest, however, that the decision to incarcerate and the sentence length decision may employ different processes in which the interactions between race and seriousness measures vary.

     

Militant Women: representations of Charlotte Corday,Louise Michel and Emmeline Pankhurst

This article contains a cross-cultural comparison of constructions of politically militant women, beginning with Charlotte Corday of the French Revolution, continuing with Louise Michel of the 1871 Paris Commune, and concluding with Emmeline Pankhurst and the British suffragettes. The study reveals that as Michel's opponents attempted to ridicule and discredit her, they resurrected representations of Corday, modifying and aging them to fit her. The suffragettes' opponents similarly resurrected representations of Michel to ridicule them, but not as successfully. In response, Pankhurst's and the suffragettes' self-representations skillfully countered the anti-suffragists' dated and inaccurate representations of militant women as unhappy and unattractive spinsters.     

Academic potential among African American adolescents in juvenile detention centers: Implications for reentry to school

The study explores Black adolescent detainees academic potential and motivation to return to school to inform best practices and policies for juvenile reentry to educational settings. Adolescent detainees (N = 1,576) who were recruited from one male and one female youth detention facility, responded to surveys that assessed post-detention educational plans, as well as social and emotional characteristics, and criminal history. Multivariate analysis techniques were used to compare factors across race and gender, and plot linear relationships between key indicators of academic potential with associate factors. Findings revealed that youth were more likely to evince academic potential when they had a healthy level of self-esteem, adequate future goal orientation, positive mood, family and community involvement, fewer traumatic events, and less delinquent activity.     

Changing legal standards for proof of causation in hazardous waste tort cases. Plaintiffs' problems and congressional responses

Increasing public awareness and concern over the possible dangers of exposure to toxic chemicals and hazardous wastes has resulted in a variety of lawsuits brought by plaintiffs claiming injury resulting from chemical exposure. The legal system and its traditional approach to tort cases demands that a plaintiff demonstrate that a particular chemical substance was the "cause in fact" of his injury. However, a plaintiff's inability to present credible scientific evidence sufficient to pinpoint conclusively the specific cause of his injury or disease, particularly in cancer cases, leads to defeat in courts of law. This article discusses the existing barriers to plaintiffs' recovery in toxic tort cases and reviews congressional proposals designed to ease plaintiffs' evidentiary burden and increase their chances of prevailing.