Political and social rights for second country nationals: freedom of movement and citizenship in Australasia

Agreements allowing regional freedom of movement inevitably raise questions about the citizenship status and rights of those who exercise regional mobility. In the case of the European Union, such questions have received considerable academic attention, particularly since the creation of European citizenship in 1992. Little attention has been paid to Australasia, where a long-standing freedom of movement agreement, the trans-Tasman Travel Arrangement (TTTA), permits New Zealanders and Australians to live and work indefinitely in each others' country. As the two countries pursue a single economic market, the TTTA has played a central role in facilitating the creation of a regional labour market. Changes to Australian social security and citizenship legislation, however, have meant that many New Zealanders permanently resident in Australia have limited social and political rights, and no access to citizenship. This article extends debates about whether the political and social rights of citizenship ought to be granted to second-country nationals into the Australasian context. It examines a range of arrangements by which citizenship could be protected during the current period of intense economic integration in Australasia, asking which provides the best fit with existing constitutional and political arrangements.     

Replacing Provocation in England and Wales: Examining the Partial Defence of Loss of Control

In October 2010, provocation was abolished as a partial defence to murder in England and Wales. Through the introduction of the Coroners and Justice Act 2009, a new partial defence of loss of control was implemented. This sought to overcome problems associated with the provocaton defence and the gendered operation of the law of homicide, particularly in relation to male‐perpetrated intimate homicides, and the inadequate response of the law to the contexts in which battered women kill. This article first provides an account of these developments, and then examines legal stakeholders' perceptions of them. Drawing from in‐depth interviews with criminal justice professionals, it considers their perceptions of the operation of the law of homicide during a period of transition, specifically considering the formulation of the new partial defence, the initial effects of its implementation, and the significant differences between the Law Commission's recommendations and the reforms implemented by the government.     

Treatment adherence of maltreating families: A survey of professionals regarding prevalence and enhancement strategies

Maltreating parents often do not identify themselves as having a problem and are usually not self-referred for evaluation or treatment. As a result, treatment adherence problems are believed to be common. Unfortunately, the literature to date about the extent of the problem and what to do about it is sparse. The present investigation focuses on two types of treatment adherence by maltreating families: session attendance and homework completion. The goals of the study were the following: (a) provide information on the extent of the problem of nonadherence; (b) examine the relationship between nonadherence and client, treatment, and professional factors; and (c) provide information on the use and effectiveness of strategies to facilitate adherence. A survey was sent to 300 mental health and social service agencies nationwide and completed by 105 professionals. The survey requested specific data on three randomly selected maltreating parents from each respondent's current caseload. Data were obtained on 303 maltreating parents. Implications of the results for intervention and future research are discussed.     

The Legal Profession as Gatekeeper to the Judiciary: Design Faults in Measures to Enhance Diversity

The gate‐keeping role played by the legal profession in the judicial appointments process gives rise to the translation of entrenched group‐based identity hierarchies from legal practice into the judiciary. The relationship between the composition of the legal profession and the judiciary has been almost completely unaffected by recent reforms designed to increase diversity in the composition of the judiciary. This article identifies legal and institutional defects which help to explain the failure to disrupt the reproduction of these patterns of appointment. We identify two particular defects which we call ‘soft target radicalism’ and ‘regulatory bind’ as important factors inhibiting change. We conclude that if the legal profession is to retain its gate‐keeping role, equality law which directly regulates legal practice should be strengthened and the regulatory binds in which the Judicial Appointments Commission and other public entities are caught should be loosened.     

Gender Differences in the Longitudinal Impact of Exposure to Violence on Mental Health in Urban Youth

There is evidence of gender differences in psychopathology during adolescence, but little research has investigated gender differences in trauma-related symptoms. Exposure to violence is a commonly experienced potentially traumatic event among urban adolescents, and the few studies examining gender differences in its mental health impact have produced inconsistent findings. The present study examines the moderating effects of gender on the longitudinal association between exposure to violence and a variety of mental health symptoms (externalizing, internalizing, PTSD, dissociation) in a racially diverse urban adolescent sample (N = 615; 50.6% female; Time 1 mean age = 14.15; Time 2 mean age = 16.70). For both genders, exposure to violence prospectively predicted increases in all types of symptoms. Although boys reported more exposure to violence on average, girls experiencing violence were more likely to experience dissociative (but not PTSD, internalizing, or externalizing) symptoms. The results suggest that adolescent girls exposed to potentially traumatic events may be especially vulnerable to experiencing certain trauma-related symptoms and imply gender-specific pathways to trauma-related psychopathology.