Invitation or Ambush: The Scope of an Insured's Duty to Cooperate and the Slippery Slope of Information Sharing

The policyholder's “duty to cooperate” is built into every liability insurance policy, either expressly or through the application of a state's common law. The scope of an insured's duty to cooperate is often difficult to discern, however, in terms of the type and extent of information that the insured should provide as part of the insurer's investigation of the underlying matter for which coverage is being sought. Traditionally, the duty to cooperate was intended to encourage information sharing to allow the insurer to afford the policyholder a comprehensive, informed defense to the underlying claimant's allegations. This article examines the scope of the duty to cooperate and how that duty impacts the insured's obligation to share some reasonable amount of information as part of the insurer's investigation and defense of the underlying claim, noting potential pitfalls and risks that may arise from information sharing.     

Congressional Activism in the Foreign Policy Arena: A Case Study of the 1994 Rwandan Genocide

This article analyzes congressional activism during an international crisis. Using the 1994 Rwandan genocide as a case, this study explores executive–congressional relations during a time when immediate policy responses are needed. A content analysis of policy statements made during committees, on the House floor, and on the Senate floor is used to investigate the specific policy ideas proposed by members of Congress. The models presented pay particular attention to the actions of Congressional Black Caucus (CBC) members, in relation to other more common predictors of congressional activism. In addition to the results for CBC members, other conclusions indicate that foreign policy leaders in Congress are international affairs policy experts without serious concerns of being defeated in their next election.     

Long-Term Follow-Up of Young Children Placed in Foster Care: Subsequent Placements and Exposure to Family Violence

This study examined the quality or characteristics of permanent placements at 6 years of age for 254 children who had been removed from their homes prior to attaining 3.5 years of age (mean = 13 months). Although the primary objective when removing children is protection, subsequent permanent placements are prioritized by federal legislation with a stable family environment, especially one with the biological parent(s), being preferred. Three a priori comparisons (i.e., reunified vs. nonreunified, adopted vs. foster care, relative vs. nonrelative foster care) were conducted for caregiver and child reports of exposure to family violence. The results indicate that both reunified children and their parents report more family violence (witnessed and child victimization) than do nonreunified children and their caregivers. Adoptive parents did report that they used more minor violence in disciplining their children than did foster caregivers, but their children reported witnessing significantly less physical violence in the home. Recognizing that the development of children removed from their homes because of maltreatment is likely a function of both the maltreatment as well as the quality of subsequent family experiences (i.e., violence exposure), implications of the findings for determining placements are discussed.     

Preferential Policies and the Blurring of Ethnic Boundaries: the Case of Aboriginal Australians in the 1980s

I argue against the commonly held view that ethnically based preferential policies consistently lead to the construction of well-defined boundaries between collectivities. Using a statistical study of Australia as a case, I demonstrate that preferential programs, under certain conditions, may blur the boundaries between groups. This trend is reflected in the growing number of individuals in the early 1980s who chose to claim an Aboriginal identity in Australian states that increasingly recognized indigenous land claims.
In order to account for the sometimes-divergent effect of ethnically based preferential policies on the divisions between ethnic groups, I focus on the key factor of security. I contend that programs that favor dominant ethnic groups tend to increase the feelings of vulnerability among weaker collectivities and encourage inter-group polarization. In contrast, preferential policies for subordinate groups offer reassurances to previously threatened communities and frequently encourage the crossing of ethnic boundaries.     

Routine activity and labor market segmentation An empirical test of a revised approach

This article contends that routine activity theory has virtually ignored the motivated offender construct in terms of its measurement. We extend previous research testing routine activity theory by more accurately modeling the effects of labor market segmentation and other structural sources of offender motivation on variation in crime rates. A revised routine activity model is tested using data for the 100 largest cities in the US in 1980. The findings suggest that as secondary labor markets grow, urban crime can be expected to rise.     

Barriers to evaluating the effectiveness of drug treatment behind bars

The delivery of substance abuse treatment within correctional settings marks one of the criminal justice system's primary opportunities to disrupt the drugs-crime nexus. Federally funded residential substance abuse treatment programs were rapidly introduced across the nation, although implementation problems increased their operational variability. This article examines how implementation barriers interrelate with other types of obstacles and multiply to hinder determinations of program effectiveness. Specific barriers were identified from a case study of process and outcome evaluations of the South Carolina Residential Substance Abuse Treatment (RSAT) program. A conceptual framework groups barriers by type into four interrelated domains wherein additive effects and reciprocal consequences that can undermine effective program assessment are illustrated.     

The Present and Future Fiscal Problems of the Two New Yorks: What Happened This Time

The state and city of New York have chronic fiscal difficulties, namely, expenditures that tend to exceed revenues by significant amounts. The deficits were moderate in the 1980s but have become large and acute in the 1990s as the state and city economies have been in a prolonged recession. Deficits are expected to continue well into the future. Supply side factors, particularly high wage levels, are the main causes of the state's deficits. For the city, supply side factors, particularly high employment, and demand side factors are main causes. Federal aid reduction is a minor cause. The city's fiscal condition is compared with that of the thirty other largest U.S. cities in a regression analysis which updates Gramlich's analysis of the period immediately before the famous New York City fiscal crisis of 1975.     

Trusts for Religious Purposes and the Question of Public Benefit

It is a well‐established principle that no trust may be regarded as charitable in law unless carrying out its purposes will benefit the public. Trusts for religious purposes have traditionally been presumed by courts to be for the public benefit. However, the presumption of public benefit will be removed from the law in early 2008 when section 3(2) of the Charities Act 2006 comes into force. At that time, two questions are likely to attract interest. First, to what extent, and in what ways, has the application of a presumption of public benefit assisted courts up to now? Secondly, without the assistance of the presumption, how might courts go about ascertaining whether the public will benefit in future cases? The article takes up these two questions with respect to trusts for religious purposes.