A Conversation with Tibetans? Reconsidering the Relationship between Religious Beliefs and Secular Legal Discourse

Over cups of chai, a conversation between U.S. law professors and Tibetan exiles about the formation of a new democratic Tibetan government under the Dalai Lama goes awry. This article investigates why the misunderstandings occurred by presenting the context of the Tibetan and U. S. concepts of sacredness and secularity. The former Tibetan government and legal system are explained in some derail as well as the Tibetan wiew of the sacred and secular spheres in society. The deistic origins of the U.S. Constitution and the pervasive religious cosmology of the Framers are then described. These two similar positions are contrasted with the current modern and postmodern positions of an all-encompassing secular sphere that defines and contains religion. The author argues that "sacred" and "secular" have changed positions, with secularity now having an unmarked positive value and being viewed by U.S. law professors as a necessity for a democratic political and legal system. As the conversation with the Tibetans demonstrates, the richness and power of an integrated sacred perspective is difficult to comprehend from a hegemonic secular public space. Reformulating this "inarticulate debate" will be necessary for a coherent conversation to take place.     

Regulating Marriage and Cohabitation: Changing Family Values and Policies in Europe and North America—An Introductory Critique

The inspiration for this special issue came from our observation that the British and American approaches to family policy in general, and to marriage and cohabitation in particular, set them apart from their closest neighbors in Europe and North America, respectively. While certain demographic trends can be observed across the Western world, the response of Britain and the United States to such trends differs significantly from that of other jurisdictions in terms of family policy.     

The stigma of public programs: Does a separate S‐CHIP program reduce it?

Previous studies suggest access to and satisfaction with care may be different for enrollees in S-CHIP and Medicaid, but it is unclear whether those differences are fully explained by socioeconomic characteristics of the enrollees. We analyze access and satisfaction of three groups of children: Medicaid enrolled, S-CHIP enrolled, and children who are income eligible for Medicaid but carry a card similar to the state's S-CHIP children's card. Both enrollees and providers may believe that these children are enrolled in S-CHIP despite the fact that reimbursement is through the state's Medicaid system. Results indicate that the same network of providers treat, or are perceived by families to treat, the three groups differently. They support the notion that some of the differences in satisfaction between S-CHIP and Medicaid enrollees are related to unmeasured characteristics (for example, income) of the families in the different programs, but that programmatic identity contributes substantially to differential care experience.     

Presidential address: How to improve poverty measurement in the United States

This paper discusses the reasons why the current official U.S. poverty measure is outdated and nonresponsive to many anti‐poverty initiatives. A variety of efforts to update and improve the statistic have failed, for political, technical, and institutional reasons. Meanwhile, the European Union is taking a very different approach to poverty measurement. The paper ends with four recommended steps that would allow the U.S. to improve its measurement of poverty and economic need.     

Lawyers' Pro Bono Service and American-Style Civil Legal Assistance

Lawyers are often criticized for stinting on their responsibilities for public service; nevertheless, their uncompensated provision of legal services to poor people, or pro bono work, provides a substantial part of available civil legal assistance in the United States. Cross-sectional analysis of data from the late 1990s reveals that reliance on pro bono may render assistance vulnerable to market pressures in ways both obvious and subtle. In states where the legal profession takes in more receipts per lawyer, larger proportions of the profession provide uncompensated service to the poor. In states where the profession feels its work jurisdiction is under threat from unauthorized practice by other occupations, larger proportions of the profession participate in pro bono work than in states where there is no concern about unauthorized practice. As federally subsidized legal assistance shrinks in both scope and scale, growing reliance on pro bono leaves American-style civil legal assistance increasingly vulnerable to market forces.     

Inclusiveness, Effectiveness and Intrusiveness: Issues in the Developing Uses of DNA Profiling in Support of Criminal Investigations

The rapid implementation and continuing expansion of forensic DNA databases around the world has been supported by claims about their effectiveness in criminal investigations and challenged by assertions of the resulting intrusiveness into individual privacy. These two competing perspectives provide the basis for ongoing considerations about the categories of persons who should be subject to non-consensual DNA sampling and profile retention as well as the uses to which such profiles should be put. This paper uses the example of the current arrangements for forensic DNA databasing in England and Wales to discuss the ways in which the legislative and operational basis for police DNA databasing is reliant upon continuous deliberations over these and other matters by a range of key stakeholders. We also assess the effects of the recent innovative use of DNA databasing for "familial searching" in this jurisdiction in order to show how agreed understandings about the appropriate uses of DNA can become unsettled and reformulated even where their investigative effectiveness is uncontested. We conclude by making some observations about the future of what is recognized to be the largest forensic DNA database in the world.     

Variations in Behavior Problems of Preschoolers Exposed to Domestic Violence: The Role of Mothers’ Attunement to Children’s Emotional Experiences

The purpose of this study was to identify aspects of family relationships that may protect young children from the pathogenic effects of family violence. Using a sample of 30 preschool-age children whose mothers were physically abused by a partner, we investigated the associations between children’s externalizing and internalizing behavior problems and: (1) the quality of the mother–child relationship, and (2) mothers’ attunement to their child’s sad and angry emotions. Results indicated that clinician ratings of the mother–child relationship, and mothers’ attunement to their child’s experience of emotion each made a unique contribution to the prediction of children’s externalizing behavior. These relationships remained robust, even after taking the severity of domestic violence reported by mothers into consideration. Maternal attunement, however, did not mediate the relationship between marital conflict and children’s behavior problems. No significant link was found between children’s internalizing behavior and maternal attunement to their children’s sadness and anger. Additional findings suggested that mothers with a PTSD diagnosis tended to be less attuned to their child’s experience of sadness. This investigation was supported by grants from the Irving B. Harris Foundation, the Pinewood Foundation, the Miriam and Peter Haas Foundation, and a REAC Award from the University of California, San Francisco to the second author.     

Emerging Organized Crime in Chicago

Organized crime is now international in scope and unrestricted by geographical borders. Better organized, more sophisticated, and using high-tech equipment the criminals have developed connections with so-called 'traditional organized crime'. This paper examines in detail the wave of organized criminal activity which has developed in Chicago and has now become entrenched through alliances with existing criminal groups.