Moral Rights,Judicial Review,and Democracy: A Response to Horacio Spector

Law and Philosophy -     

Fraud: The Characteristic Crime of the Twenty-First Century

In the same way that larceny characterized much of twentieth century, fraud will likely characterize the twenty-first century. Larceny remains the most common oi all serious crimes, but fraud may overtake larceny as the crime of choice in the future, because of changes in our ownership, storage, and movement of property. Fraud involves purposely obtaining the property of another through deception, and its popularity as a crime of choice is growing. Entrusting property to the custody oi others, storing property at remote locations, and electronic movement of property are shown to be major changes in the way we treat property and increase opportunities for theft. The connection between fraud and many of the serious crimes of the twenty-first century are shown in the facts of recent cases. The motivation of thefl behind many frauds is also shown to be used to fund larger criminal objectives, such as illegal immigration and terrorism. The points of view expressed are those of the author and do not necessarily reflect the position or policies of the U.S. Department of Justice. Dr. Albanese is chief of the International Center at NIJ on leave from his position as professor of Government and Public Affairs at Virginia Commonwealth University.     

NO COMMUNITY IS AN ISLAND: THE EFFECTS OF RESOURCE DEPRIVATION ON URBAN VIOLENCE IN SPATIALLY AND SOCIALLY PROXIMATE COMMUNITIES*

The link between resource deprivation and urban violence has long been explored in criminological research. Studies, however, have largely ignored the potential for resource deprivation in particular communities to affect rates of violence in others. The relative inattention is notable because of the strong theoretical grounds to anticipate influences that extend both to geographically contiguous areas and to those that, though not contiguous, share similar social characteristics. We argue that such influences—what we term spatial and social proximity effects, respectively—constitute a central feature of community dynamics. To support this argument, we develop and test theoretically derived hypotheses about spatial and social proximity effects of resource deprivation on aggregated and disaggregated homicide counts. Our analyses indicate that local area resource deprivation contributes to violence in socially proximate communities, an effect that, in the case of instrumental homicides, is stronger when such communities are spatially proximate. We conclude by discussing the implications of our findings for theories focused on community‐level social processes and violence, and for policies aimed at reducing crime in disadvantaged areas.     

THE POTENTIAL OF THE FAMILY LAW EDUCATION REFORM PROJECT FOR FAMILY LAWYERS1

Family lawyers are major beneficiaries of the reforms set out in the Family Law Education Reform Project (FLER) Report. This commentary from a veteran family law practitioner explores the needs of the family law bar for the training of law students in practical, interdisciplinary, client‐centered lawyering that goes beyond the traditional case method. I trace many of the current innovations evolving in family law practice and how FLER reforms will not only benefit law schools but also have a major impact in the courts and private practice sector.     

ON BEING A CHILD CUSTODY EVALUATOR: PROFESSIONAL AND PERSONAL CHALLENGES,RISKS, AND REWARDS

Conducting child custody evaluations is one of the most complex, challenging, and sometimes risky professional endeavors that a mental health professional can perform. This article examines the professional and personal challenges which may be encountered by the evaluator. In addition to discussing the role requirements and need to maintain awareness of bias and countertransference, challenges such as coping with state board or ethics complaints and possible risks to personal safety are also addressed. Suggestions for risk management and coping with the demands of these assessments are offered, as well as the benefits and rewards of engaging in this important work.     

Long-term success in mediation

This article reports the results of a study of the antecedents of long-term success in community mediation. Seventy-three mediation sessions were recorded and content analyzed. The participants were interviewed at two points: immediately after mediation and 4 to 8 months later. No relationship was found between the quality of the agreements—i.e., the extent to which they solved immediate problems- and long-term success as measured by compliance, improved relations between the parties, and the absence of new problems. On the other hand, joint problem solving by the disputants was related to complainant perceptions of improved relations with the other party. Also respondent perceptions that the mediation had been fair and that all the problems had come out were related to all aspects of long-term success in the eyes of the complainant. The latter results support a procedural justice analysis of mediation and underline the importance of mediator attention to the respondent.