STRATEGIES AND NEED FOR SYSTEMS CHANGE

Chief Judge Judith S. Kaye of New York delivered the following address to the Millennium Conference of the National Council of Juvenile and Family Court Judges in Washington, D.C., on November 15, 1999. In it, she describes the development of the philosophy of the family court in the past century. Judge Kaye describes the family court's transition from reliance on social science to the incorporation of procedural due process guarantees in the Gault decision. She suggests that a further transformation is required to meet the needs of children and families in the 21st century. Judge Kaye proposes that in the next millennium the family court abandon the "remote adjudicator" judge who evolved after Gault to a "problem-solving model of judging… a judge who looks at the issues that are driving the caseload, who looks at the results that are being achieved, and who uses a hands-on style to figure out how we might do better both in individual cases and on a systemic level."
The New York Times described Chief Justice Kaye as, "A dedicated and effective reformer of the state's sprawling court system. Each of her hard won changes has had a positive impact." Chief Judge Kaye recently received the National Center for State Courts' William H. Rhenquist Award for Judicial Excellence in November 1999. On the occasion of the award, Roger K. Warren, president of the National Center, observed about her,"There are many who are working hard to better process the many cases that come before the state courts, but there are few working an harder or more successfully to better serve the people who use the state courts."     

"The word makes the man": A Catalan Anarchist Autodidact in the Australian Bush

This paper examines the interplay between the life and ideas of a Catalan anarchist and autodidact, Salvador Torrents, who migrated to Australia in 1915. Until his death in 1951, Torrents, from his isolated farm in North Queensland, contributed regular commentaries and articles in libertarian newspapers in Spain, France and the United States. With the exception of the years of the Spanish civil war, Torrents remained outside mainstream Australian labour politics. Like many non-English speaking immigrants, a lack of the language was an obstacle to participation. As well, as an anarchist, Torrents considered political parties and electoral politics a waste of time in achieving social and political change. Instead he propounded, and practised, the transformative powers of self-education and the revolutionary role of the autodidact in fomenting radical change. His ideas had been forged in the turbulent politics of Catalonia in the first decades of the century. In Australia he continued to apply the same analysis in what he perceived as the similar context which Southern European immigrants confronted in North Queensland. Although invisible on the Australian Left, Torrents functioned as a left wing intellectual, contributing to a particular public discourse, which took place in a space that was separated from the mainstream Australian Left by language and different radical traditions.     

Detection of ethyl glucuronide in blood spotted on different surfaces

This study aims to show that sensitive detection of ethyl glucuronide in dried blood spotted onto various surfaces after a period of 24h is feasible. At present, there is insufficient information how tightly ethyl glucuronide (EtG) binds to various materials and how easily it can be eluted. 4ml aliquots of blood samples obtained from seven volunteers after consumption of alcoholic beverages were applied to six different surfaces. After drying and a 24h-storage at 20±2°C the samples were re-dissolved in water, and EtG was subsequently analyzed by a LC-MS Paul-type ion trap. A comparison was made between dried and corresponding fluid samples. EtG was detectable in all subjects' samples following consumption of alcohol. EtG was also detectable after a storage time of four weeks at 4°C in whole blood that had been preserved with EDTA. EtG was detectable in all samples dried on different surfaces and its concentration remained relatively constant irrespective of the particular condition of the material. Detection of EtG in blood spots from the scene may indicate recent alcohol consumption in cases where collection of blood remained undone or could not be performed.     

Influence of confidence inflation and explanations for changes in confidence on evaluations of eyewitness identification accuracy

Guidelines for conducting police line‐ups typically recommend immediate assessment of eyewitness confidence following identification. This confidence level can presumably be used to estimate accuracy even in the presence of subsequently inflated confidence. In this experiment, we examined students' perceptions of immediate and inflated confidence and whether their reliance on confidence varies as a function of the explanations given by the eyewitness for her inflated confidence. Each of 126 university students viewed one of five versions of a videotaped officer–eyewitness interaction depicting an eyewitness identification and follow‐up interview in which the eyewitness gave a (1) high or (2) moderate level of confidence or inflated her confidence and gave a (3) confidence epiphany, (4) memory contamination, or (5) no explanation for the inflation. The memory contamination and confidence epiphany explanations led to lower ratings of identification accuracy as compared to the high‐confidence control condition, supporting the immediate confidence recommendation but in some ways contradicting previous research on this issue. The results suggest the need for further research to understand the conditions under which confidence inflation influences juror evaluations of eyewitness identification.     

Accounting for Future Generations: Intergenerational Equity in Australia1

Australian governments have published three intergenerational reports since 2002. In line with a general international trend these reports pointed to a problem said to arise from an ageing population which exposes Australia to the risk of a future major fiscal crisis. In this article we argue that by failing to use a generational accounting framework, the reports privilege the elderly at the expense of young people. Added to this, they fail to engage any discussion of intergenerational equity defined as distributive fairness and justice. In this article we explore the value of various approaches to intergenerational justice, focusing on the Principle of Intergenerational Neutrality derived from Rawls' theory of justice. We argue that this does not work as well from a policy point of view as Sen's freedom‐as‐capabilities approach. We conclude that linking Sen's approach to justice to a generational accounting will enable governments to address future issues of equity.     

Effects of Hurricane Katrina and Other Adverse Life Events on Adolescent Female Offenders: A Test of General Strain Theory

This study tested Agnew's General Strain Theory (GST) by examining the roles of anger, anxiety, and maladaptive coping in mediating the relationship between strain and three outcomes (serious delinquency, minor delinquency, and continued involvement in the juvenile justice system) among adolescent female offenders (N = 261). Strains consisted of adverse life events and exposure to Hurricane Katrina. Greater exposure to Hurricane Katrina was directly related to serious delinquency and maladaptive coping. Hurricane Katrina also had an indirect effect on minor delinquency and Post-Katrina juvenile justice involvement mediated through maladaptive coping. Adverse life events were associated with increased anger, anxiety, and maladaptive coping. Anger mediated the relationship between adverse life events and serious delinquency. Anxiety mediated the relationship between adverse life events and minor delinquency. Maladaptive coping strategies were associated with minor delinquency and juvenile justice involvement. Findings lend support to GST.     

Parenting without Protection: How Legal Status Ambiguity Affects Lesbian and Gay Parenthood

Through the lens of lesbian and gay parenthood we ask how individuals who experience “legal status ambiguity”—that which emerges when legal fluctuations combine with divided attitudes, ignorance of the law, and autonomous institutional gatekeepers—exercise their legal rights and responsibilities. The results from thirty‐one interviews with lesbian and gay parents in Oregon and their six adult children suggest that the state's fluctuating legal and social climates for lesbian and gay parenting between 1985 and 2013 presented significant challenges for two generations of same‐sex parents. Although both cohorts created and utilized a range of legal and social mechanisms to assert their legal rights, they found these rights to be controlled as much by gatekeeper perspectives as by legal force. After the 2015 Obergefell ruling on marriage equality, lesbian and gay parenting status remains a site of ongoing legal and social contestation, providing insight into the risks and challenges of legal status ambiguity.     

Killing the messenger: Environmental reporters under fire in the Philippines

Abstract

In much of the world, reporting on the environment is like reporting on motherhood. It cuts across all political, economic, and social lines, and it's a safe beat. This is not true in the Philippines, where being an environmental reporter means taking on the richest and most powerful forces in the country. It can be, as one reporter put it, “bad for your health.” More to the point, in the Philippines environmental reporting is a life-and-death issue.