Women Offenders and the Gendered Effects of Public Policy1

At 17%, women represent a significant proportion of all offenders under criminal justice supervision in the US. Drawing on the findings from their report, “Gender-Responsive Strategies: Research, Practice, and Guiding Principles for Women Offenders,” the authors maintain that public policy has ignored the context of women's lives and that women offenders have disproportionately suffered from the impact of ill-informed public policy. This discussion of the implications of gender within the criminal justice system is based on a simple assumption: responding to the differences between women and men in criminal behavior and to their antecedents is critical to gender-responsive policy. Building on the pathway theoretical perspective, we find that in addition to the gendered impact of the war on drugs, policy changes in welfare reform, housing, and other social policy arenas combine to create a disparate impact on drug abusing women and women of color. Key policy areas affecting the lives of women offenders and their children include welfare benefits, drug treatment, housing, education, employment, and reunification with children. We conclude that addressing the realities of women's lives through gender-responsive policy and programs is fundamental to improved outcomes at all criminal justice phases. A blueprint for gender-responsive policy development is described through six guiding principles and their policy implications.     

Justice as Fittingness

Law and Philosophy -     

‘The Children of the State’? How Palestinians from the Seven Villages Negotiate Sect,Party and State in Lebanon

In Lebanon, the fear of taw?īn makes nationalization of Palestinian refugees an anathema. Yet several groups of Palestinians have received Lebanese citizenship since 1948, most (in)famously those from the ‘seven villages’, a chain of Shi‘i villages on Lebanon's southern border that was incorporated into Palestine in 1923. The trajectory of their nationalization is usually presented as a straightforward consequence of top-down Lebanese electoral politics. This article augments this dominant perspective through a case study of the community from the village of Salha, now in Israel, that currently lives in Shabriha, a small town near the city of Tyre in South Lebanon. Adopting the ‘negotiated statehood’ framework, the article offers an agency-oriented, bottom-up perspective on the community's gaining of citizenship and shows how the people from Salha have acquired citizenship not merely to gain access to, but also to ensure a degree of independence from, the Lebanese state and political parties.     

The irresistible force of freedom of speech meets the immovable object: trade mark law in South Africa

Legal context. The right of freedom of expression is a fundamentalright entrenched in the Bill of Rights incorporated in the SouthAfrican Constitution. While intellectual property rights donot enjoy this status, they are internationally recognised rightsgranted by a law of general application and may thus in termsof the Constitution limit the fundamental rights protected inthe Bill of Rights, and more particularly the right of freedomof expression. Where the enforcement of trade mark rights comes into conflictwith the right of freedom of expression, the two rights mustbe weighed up against one another and the competing interestsof the owner of the trade mark against the claim of expressionof a user without permission must be considered. The departurepoint of the weighing up process is that neither right is superiorto the other. Key points. This article discusses an action brought by SabmarkInternational, which claimed that Laugh It Off Promotions CCinfringed its registered trade mark BLACK LABEL in respect ofbeer by using a corruption of this mark with strong politicalundertones as ornamentation on T-shirts sold by it. It was claimedthat the offending use diluted Sabmark's registered trade mark.In an appeal, the Constitutional Court rejected the claim onthe basis that Sabmark had not shown that the offending usewas likely to cause economic damage to it. Practical significance. The case in effect equated trade markrights with rights enshrined in the Bill of Rights and thusgave important recognition to intellectual property rights.It created a precedent in intellectual property law, if notin South African law in general, in that the constitutionalcourt overruled a decision of the Supreme Court of Appeal (SCA)and in effect ruled that the SCA had not interpreted the relevantprovision of the Trade Marks Act correctly.