Promises to keep: Enforcement of prepublication agreements and first amendment rights

Since the Supreme Court's ruling in Cohen v. Cowles Media, several courts have found that prepublication agreements are legally binding promises between journalists and their sources of information, and that the First Amendment does not protect journalists from civil sanction for the breach of such agreements. An agreement between a journalist and a private individual not to disclose a source's information or the source's identity might constitute a legally binding commitment, especially if the plaintiff is able to show that a clear and specific commitment was made not to reveal certain information and that as a result of the breach of promise the plaintiff suffered specific harm.

However, the Court's analysis of enforcement of confidentiality promises as having merely incidental effects is flawed. Because it did not balance the enforcement of prepublication agreements against the First Amendment interests in nonenforcement of the agreements, the Court in Cohen departed from its compelling interest analysis of prepublication agreements in Snepp v. United States as well as its previous standards in finding incidental effects of generally applicable laws.     

Women's work,artisanal discourse,and community: a response to Sheila Blackburn

This article is a comment on Sheila Blackburn's response to the author's original essay, ‘Gender Constructions and Gender Relations in Cotton and Chain-making in England: a contested and varied terrain’, which appeared in Women's History Review (6[3], 1997). As the author repeats in this response, the apparently dominant artisanal discourse of the male chainmakers of nineteenth-century Walsall, supporting the exclusion of female labor from the trade, was undermined by conditions existing in Cradley Heath, where the community depended on that labor. Foregrounding this division regarding gender understandings, it is argued, provides a vantage point from which to gain a fuller and more accurate picture of the ways in which those understandings, as well as gender and community relations, were negotiated in one industry towards the end of the nineteenth century     

Parole release decisions revisited: An analysis of parole release decisions for violent inmates in a southeastern state

In an attempt to discover the major predictors of parole decision-making in one southeastern state, this study examined the cases of 762 inmates under the supervision of the Alabama Department of Corrections who were eligible for parole from June 1, 1993 through May 31, 1994. Of the 762 eligible inmates, only 138 (18 percent) were granted parole. Using parole disposition (granted or denied) as the dependent variable, this study investigated the offense, offender, and general parole variables and their impact on parole decisions. Logistic regression findings indicated that the strongest predictors of parole release decisions were the length of the original sentence assessed for the offense, the total number of felonies for which the inmate was serving time, and the warden and senior officers' recommendations. These variables, which were also significant at the bivariate level of analysis, explained approximately 47 percent of the variation in the dependent variable. A major concern of the study was the generalizability of the findings.     

Public definitions and endorsement of the criminalization of elder abuse

A longitudinal cross sectional ten-year study was conducted measuring public attitudes toward the definition and criminalization of elder abuse. The study found that the public endorsed a fairly broad definition of elder abuse and that this definition of elder abuse was fairly stable over time. Subjects also strongly endorsed the creation of misdemeanor and felony statutes and strongly endorsed the use of prison to punish elder abusers. The subjects also believed that the criminalization of elder abuse would be effective in reducing elder abuse.     

ON RAZ AND THE OBLIGATION TO OBEY THE LAW

Law and Philosophy -     

Fools Suffer Gladly: The Use of Economic Sanctions in International Crises

A number of recent international situations have raised again questions regarding the usefulness of economic sanctions as an instrument of foreign policy. Sanctions continue to be applied in a variety of contexts, yet we have not developed a sufficient understanding of the processes involved to determine when, or even if, sanctions can "work." While a great deal has been written on the subject, there have been neither attempts to subject the theoretical arguments to empirical testing nor efforts to provide systematic theoretical explanations for the empirical results that have been produced. In this article, we attempt to address this shortcoming in the literature. We propose a theory of sanctions effectiveness that is based on the spatial model of bargaining in international crises and use this theory to derive a number of hypotheses regarding when sanctions should produce favorable policy outcomes. We then subject some of the derived hypotheses to an empirical test based on a large number of international disputes. The model suggests that while sanctions will not work in many cases, they can have a slight effect on the distribution of expected outcomes if the costs of the sanctions are sufficiently high relative to the values at stake. The available evidence appears to support these expectations.     

The garrison state revisited: civil–military implications of terrorism and security

Lasswell’s original vision of the garrison state was spurred by the increasing militarization of states in the industrial age. The advent of the Cold War seemed to confirm Lasswell’s predictions. In the post-industrial age, conventional warfare and the attendant mobilization of societies seem less probable, but the changing threat of terrorism may lead to a variation of Lasswell’s construct. While states no longer appear likely to evolve into a system of armed camps directed at one another, this article argues that the threat of terrorism may necessitate the garrisoning of society and enhance the role of military and police organizations, as Lasswell warned.     

Olweus Bullying Prevention Program: Components Implemented by Elementary Classroom and Specialist Teachers

We investigated implementation fidelity of programmatic activities of the Olweus Bullying Prevention Program (OBPP) among 2,022 teachers, 88.5% female, from 88 elementary schools located in Pennsylvania. Results indicated that the majority of respondents had attended the school kick-off event, posted the rules in the classroom, and explained the rules to students. Receiving booster sessions and activities involving parental involvement were the least likely elements to have been performed. Logistic regression analyses revealed that teachers with confidence in their ability to implement the OBPP had completed all of the OBPP programmatic activities. Similarly, multiple regression analysis results revealed that teachers with self-efficacy to implement the OBPP implemented more components than respondents without self-efficacy. In addition, teachers with more OBPP experience were more likely to have completed individual-level activities. Our findings reveal that certain OBPP components are easier to perform than others and that implementer characteristics matter.