Wither Criminal Justice? An Argument for a Reformed Discipline

The American criminal justice system fails to achieve justice, reduce crime, and provide equal protection to Americans regardless of their social class, race, and gender. But, criminal justice as an academic area of study has become a popular and fast growing liberal arts major in the United States, churning out tens of thousands to work in the criminal justice system. Given the demonstrable harms caused by criminal justice, which are suffered disproportionately by the least powerful people, academic criminologists and criminal justicians have the obligation to promote a reformed discipline. This article briefly summarizes the evidence of bias in the criminal justice system and then turns to how these biases relate to criminal justice as an academic discipline. Using the war on drugs as an example, I argue that the practice of criminal justice as an academic endeavor runs counter to the goal of promoting social justice in America. One of the ironic conclusions of this article is that criminal justice as an academic discipline must get smaller if we are to achieve larger goals of social justice outlined here. This revised version was published online in July 2006 with corrections to the Cover Date.     

Bougainville and Papua New Guinea: Complexities of Secession in a Multi-ethnic Developing State

The claims made by Bougainville's secessionist leaders correspond with five theoretical perspectives on the morality of secession – based, respectively, on notions of political consent, national identity, cultural preservation, distributive justice and territorial title. Each is tackled in turn, as a means to both assessing the justness of the Bougainvillean case, while also testing the limits of applicability of the moral perspectives themselves. Overall, it is concluded that the complexities of the Bougainville/Papua New Guinea case militate against outright separation. Rather, a balanced resolution of injustices is more likely to be attained by modifications to institutions and patterns of distribution within the existing state. Furthermore, this highly complex case throws up important challenges from which normative theory can profitably learn.     

A prospective follow-up of children with anorexia nervosa

We report on a prospective follow-up (mean 3.1 years) of 22 children with anorexia nervosa (mean age at onset—12.1). Adequate information was obtained for 18 children. The specific outcome was good in 10 (55.5%), intermediate in 5 (27.8%), and poor in 3 (16.7%); none had died. No prognostic factors were identified. The findings are compared with those from the long term follow-up of a previous cohort of children with anorexia nervosa, and confirm the unsatisfactory prognosis for this age group.Major research interest concerns the etiology and treatment of eating disorders in children and adolescents.Has been with the Eating Disorders Research Team since 1992. His major interest is research methodologyHas been with the eating disorders Research Team since 1989. Her major interests are in obsessional-compulsive problems and eating disorders in children.Major research interests include eating disorders in children and adolescents, cystic fibrosis, the effects of transplantation in children and adherence to treatment. Chief Editor ofClinical Child Psychology and Psychiatry. Has been collaborating with the Eating Disorders Research Team since 1985.     

Otherwise than Hospitality: A Disputation on the Relation of Ethics to Law and Politics

At a time of unprecedented migration and social displacement, following a century ravaged by war and hegemonic shift, the question of hospitality presents itself with unparalleled urgency. Taking his cue from Immanuel Kant’s cosmopolitics, Jacques Derrida addressed this question by deliberating on the nature of the political obligation to the other person. Invoking the work of Emmanuel Levinas, this demand is first of all ethical, and unconditional. But Derrida was also acutely aware of the residual violence of the hospitable gesture, which always takes place in a scene of power. The resultant aporias at the heart of hospitality provoked debate between the two authors at the 2007 Critical Legal Conference, and this paper seeks to elucidate and elaborate on this encounter. At stake are the matters of the potential political forms of hospitality, whether it should always been striven for and, ultimately, how one can conceptually reconcile its ethics with its violence.

A Multi-Drug Intoxication Fatality Involving Xyrem® (GHB)

Abstract:  Gamma-hydroxybutyrate (GHB) is best known as a recreational depressant drug, whose use has also been implicated in drug facilitated sexual assault cases. It is also available as a therapeutic agent (Xyrem^®) used for the treatment of daytime sleepiness or cataplexy associated with narcolepsy. This is a report of a case of a 53-year-old woman undergoing treatment with Xyrem^® for narcolepsy. The decedent was also prescribed tramadol, gabapentin, cetirizine, modafinil, carisoprodol, and Xyrem^®. Toxicological analysis of the blood revealed GHB 165.6 mg/L, and 90.7 mg/L in the urine. Blood GHB concentrations in the range 156–260 mg/L have been reported to induce moderately sound sleep. The combined use of central nervous system depressant drugs, together with her problematic sleep apnea, and snoring (both contraindications for GHB use) were determined to have caused this subject's death. The manner of death was determined to be accidental.     

Tribal law enforcement authority to enforce state laws

This paper summarizes the current status of the ability of tribal law enforcement officers to enforce state law in all states that have Indian country – defined in 18 U.S.C. § 1151 as any Indian reservation, dependent Indian communities, or Indian allotments – within their borders. It is important to understand the current status of those officers as their agencies look to improve public safety in their nations. First, for context, we provide a brief background on tribes and tribal law enforcement. Then, we present a summary of the legal jurisdictional challenges faced by tribal law enforcement. Finally, we analyze the current status of tribal law enforcement officers in each state and conclude with a summary and concluding remarks.     

Diluting Free Expression: Statutory First Amendment Proxies in Trademark Dilution Law

Trademark dilution law, a relatively recent innovation in federal trademark doctrine, has serious implications for free expression. Dilution law purports to protect famous trademark owners from blurring and tarnishment, although critics of the doctrine suggest the harms of dilution are frequently overblown, if not imaginary. This article first highlights the differences between standard trademark infringement and trademark dilution, including the fair use provisions of the latter statute. It then analyzes the conceptual mismatch between the fair use provisions and dilution, focusing particularly on the problems with the nominative fair use doctrine. The article also explores the special problems dilution doctrine creates for parodists, including some court decisions that protect only an extremely narrow range of parodies. Finally, the article offers concluding perspectives on this difficult area of trademark doctrine.