Judicial Responses to Bright Line Rules in Social Security: In Search of Principle

This article considers judicial responses to the use of 'bright line' rules in social security law. It analyses, within the framework of judicial deference, the receptiveness of the judiciary to an argument by the executive that a rule is justified as being administratively convenient to operate. The article questions the proposition that the judiciary is at its most deferential when complex issues of socio-economic policy or resource allocation are raised in the context of social security law. A contrast is drawn between cases involving an issue of statutory interpretation and those applying a proportionality test. The article tests the presumption that a difference in approach should be discernable in these two situations. It concludes by criticising the courts for failing to articulate clearly the values at stake and by arguing for the need for greater transparency and a broader public debate concerning the use of bright line rules.     

Intellectual property strategies for US security and privacy

Legal context. Some state legislatures are considering billswhich would require those applying for a driver’s licenceto provide one or more biometric identifiers. The US federalgovernment is tending towards eavesdropping on conversationsand investing in data mining efforts while on the other handanti "big-brother" technologies are also emerging to counterthis trend and protect privacy. The demand for technology toprotect privacy will no doubt increase as the demand for defenceand security spending increases. We also live in a world wherebioterrorist acts are a constant threat and therefore demandfor biological detection devices and nanotechnology is growingdaily. Key points. Current technology advances in biometrics, surveillance,biological detection and nanotechnology can be used both toprotect and to jeopardize the security and privacy of individuals.As such, the importance of intellectual property in these areascannot be underestimated. Practical significance. Companies are advised to ‘go onthe offensive’. All companies should aggressively protecttheir core technology in numerous facets such as patent protection,copyright, trade marks and trade secrets. In the high tech arenathis is especially important because the demand for securityand privacy necessitates the development of advanced applicationsand in turn the quality of protectable IP for the companiesthat develop the technology increases. Additionally, companiesshould also pursue an offensive strategy that includes analyzingemerging standards and competitor focus so that they can acquirea competitive advantage or secure cross-licensing of another’stechnology.     

Reducing racial and ethnic health disparities: exploring an outcome-oriented agenda for research and policy

Eliminating racial and ethnic disparities in health status and health care, a major focus of Healthy People 2010, remains on the national agenda and among the priorities for the administration of President George W. Bush. Even though the elimination of racial and ethnic health disparities challenges the whole nation, individual states are on the front line of many initiatives and are often the focus of important policy efforts. In addition, it is important to focus on states because they are already responsible for much of the health and public health infrastructure, and several states have developed initiatives dating back to the release of Margaret Heckler's report on the gaps in health outcomes by race in 1985. This article makes the case for an outcome-oriented approach and provides a summary of lessons learned based upon preliminary investigations into constructing and applying two indices, the disparity reduction profile to measure effort and the disparity index to measure outcomes.     

Southeast Asian Refugee Youth: Implications for Juvenile Justice

Abstract Southeast Asian refugees have been arriving in the U.S. in significant numbers since 1975. While they have had a history of a seemingly smooth resettlement and acculturation to this country, the number of Southeast Asian youthful offenders has increased dramatically since 1984. Factors common among refugee youth which have contributed to this rise include: problems of acculturation; role reversal with parents; lack of shared values, parental guidance and school success; and mental health problems often stemming from their history of war, traumatization, and loss before coming to this country. This article will discuss these factors and the implications for the juvenile justice system. The discussion will also highlight culturally appropriate intervention strategies for personnel working with these youth and their families.     

Risk and the Female Offender: An Analysis of Classification and Supervision Issues

Risk is a defining feature of punishment in the United States. This is evidenced by the profusion of actuarial risk assessment instruments, now entering their 4th generation. Although the literature on risk assessment specific to female offenders is growing, certain questions remain unresolved. In particular, it is still largely unknown how gender might influence classification and supervision for offenders under community supervision. This study reports findings from a survey of community corrections officers. The perceived level of risk, the decision to override a classification score, and the perceived importance of risk and need factors are discussed.     

The Impact of Local Economic Structure on Community Philanthropy

This article explores how local economic structure directly and indirectly affects community philanthropy. Drawing on campaign data for local United Way (UW) affiliates at three points in time (1990, 2000, and 2010), the article tests the degree to which the relationship between economic structure and community philanthropy is mediated through local stocks of human resources and social capital. The results suggest that retail employment and industrial concentration negatively affect local UW campaigns, while nonlocal ownership positively affects UW campaign size. These measures of economic structure also indirectly influence local UW fund‐raising activities by affecting the levels of human resources and social capital. In the midst of global efforts to increase community‐based philanthropy, these findings have important policy implications for efforts to promote community solutions to social issues in changing economies.