Not `Social Justice': The Housing Association, the Judges, the Tenant and his Lover Fitzpatrick v. Sterling Housing Association [1997] 4 All E.R. 991; [1998] 1 F.L.R. 6 (C.A.); [1999] 4 All E.R. 705 (H.L.)

This note analyses the decision of the House of Lords in Fitzpatrick, which held that gay partners could fall within the legal definition of ‘family’ for some purposes. The note argues that despite the real (if overstated) benefits that this case bestows on gay partners in the form of legal rights, under analysis, the decision self-deconstructs to reveal that it is grounded on the principle of discrimination on the basis of sexuality. However, it is also suggested that the encounter between discursive legal reasoning (underpinned by normative heterosexuality), and aversion of the family which is ‘other’ to this discourse, is one which leaves its mark on law, as the potential undermining or deconstruction of law’s normative assumptions. The note further argues that although this decision is properly seen as a moment in the struggle for gay rights, it also serves as a reminder that the fortunes of critical theories and political movements that seek to challenge the legal paradigm of the white, heterosexual male are inextricably linked. Fitzpatrick, whatever else it is, is also an object lesson in the debt that current campaigns for gay legal rights owe to feminist critiques of, and campaigns that have successfully challenged, the role of this norm in legal discourse. This revised version was published online in July 2006 with corrections to the Cover Date.     

Screening offenders for risk of drop‐out and expulsion from correctional programmes

Purpose. The goal of the present research was to develop a screening measure to assist in identifying offenders at risk for drop‐out or expulsion from correctional programmes. Methods. Non‐Aboriginal male offenders (N = 5,247) were randomly divided into a development sample (N = 2,617) and a validation sample (N = 2,630). In the development sample, individual predictors were identified through univariate and multivariate analyses, weighted based on their relationship with drop‐out/expulsion, and combined into a composite measure we called the drop‐out risk screen (DRS). Results. The DRS consists of five items, including static and dynamic risk factors for recidivism as well as motivation for intervention. It significantly predicted drop‐out/expulsion in the development sample (area under the receiver operating characteristic curve [AUC]= .72) and performed similarly in the validation sample (AUC = .70). Conclusions. The results indicate that the DRS is a valid screening instrument for risk of drop‐out/expulsion. Prior to commencement of a treatment programme, offenders with high scores on the DRS could be more thoroughly assessed and, if necessary, targeted with pre‐treatment efforts to increase their motivation and general readiness for treatment.     

British labour movement solidarity in the 1913-14 Dublin Lockout

While most accounts of the Dublin Lockout of 1913–1914 consider it primarily as an event in Irish history, it was also one of the most important struggles in twentieth-century British history. It was influenced by, and was an integral part of the great ‘labour unrest’ that swept over Britain in the years 1911–1914 and had tremendous repercussions in Britain as well as Ireland. This article provides much neglected analysis of the nature, extent and dynamics of the solidarity campaign that was generated on the British mainland for the Lockout (probably the only other comparable event was the national miners’ strike of 1984–1985), the reasons why such widespread support was forthcoming and its broader implications for understanding the strengths and weaknesses of militant trade unionism in Britain during this period. It provides a comprehensive re-examination of the historical record and offers a critical analysis of existing predominant historiographical interpretations of the dispute. In the process, the article provides new insights into the potential and limits of Jim Larkin’s campaign to secure sympathetic industrial action inside the British labour movement, the refusal of the Trades Union Congress to support such an initiative and the inability of rank-and-file and socialist militants to overcome the entrenched resistance of the official union leadership.     

The ethics of managing scarcity: approaches to economy and prudence in a consuming society

This essay analyzes our character as a people, and its interplay with dramatic changes in our society before and after the formal close of the American frontier in 1890. Many of our prized character traits actually work against the prosperity we seek in the current day. We have not yet come to terms with the greed that contaminates every level of social analysis in American history. Nor have we moderated our individualism, entrepreneurialism, and anti-statism, even as we lose the promise of an expanding and vibrant middle class. Our faith in a great destiny must now embrace public purposes, plans, and management as necessary and desirable facets of ordered liberty.

I brought you into a plentiful land to enjoy its fruits and its good things. But when you came in you defiled my land, and made my heritage an abomination. Jeremiah 2:7     

Traceology,criminalistics, and forensic science

There is a serious issue within the forensic science community, which even extends outside of the field. The role of the scientist in the investigation of crime has been increasingly confined to the laboratory, which has been accompanied by the conflation of the terms forensic science and criminalistics. This unfortunate situation has been festering for years. To make matters worse, the era of the proactive, problem-defining, criminalist (generalist) is waning, and possibly over. Present-day “criminalists” are treated as little more than reactive, protocol-constrained, laboratory technicians, with few, if any, consequential crime scene roles. In most cases, these “criminalists” merely respond to routine requests from prosecutors and police. The absence of science at the front end of forensic investigations, i.e., the scene, has resulted in biased, ineffective, inefficient, and/or erroneous outcomes with immediate and long-term societal impacts. To disentangle this imbroglio, we propose the use of another term, traceology, which has seen limited use worldwide except in the field of archaeology. With respect to criminalistics, this term has been previously proposed by Margot (20–21). Traceology is an historical science, dealing with the examination, analysis, and scientific interpretation of event traces (signs or remnants) of earlier activities. In this commentary, we define and redefine familiar, but ambiguous, terms and concepts with the hope of recapturing the essence of criminalistics (32), which we suggest is best termed traceology.     

Case Baiting

In 2014, New Jersey passed the Sports Wagering Act, permitting sports betting at state casino and racetrack venues, in direct conflict with the federal Professional and Amateur Sports Protection Act. In 2017, South Dakota passed Senate Bill 106, requiring that certain e-commerce retailers collect and remit sales tax, in violation of federal law. The two U.S. Supreme Court decisions arising from challenges to these state statutes—South Dakota v. Wayfair and Murphy v. NCAA—exemplify U.S. Supreme Court “case baiting.” Case baiting is a tactic states implement to challenge federal directives by passing state legislation that directly conflicts with federal law to lure the Court into granting certiorari and ruling in their favor. This article argues that South Dakota's and New Jersey's triumphs pave the way for other jurisdictions to pursue similar strategies across multiple legal issues such as abortion restrictions and immigration law. In addition, this article suggests that case baiting invites further scholarly exploration of important policy considerations, including the use of this tactic as a novel approach to the application of law and strategy, whether case baiting promotes the Court's progression toward a more quasi-legislative role, and whether passing conflict legislation violates state legislators’ oaths of office.