Computer based testing – Bolls v. W. Scott Street,Sec'y of Va. Bd. of Bar Exmnrs., August 11, 2009, case no. 090915

The most significant change to law licensing in the United States is the recent¹ reliance on computer-based testing for the bar exam in all of the fifty states. The following comment piece is meant to inform the computer and technology law community how the use of testing software must necessarily be accompanied by additional procedural protections and corrective processes that may not have existed previously. Chief among these is the availability of discovery of the item in question, namely in this case the essays in a computer-based bar exam, which constitutes evidence that is essential to vindicating one's rights when a software failure occurs.     

Search,Seizure, and Immunity: Second-Order Normative Authority and Rights

Abstract

A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court's decision is that, at least in some cases, a right can be removed by the intentional actions of the very party against whom the right supposedly protects the rights holder. We argue that the Court's decision is mistaken. The police officers in the case were not morally permitted, and should not be legally permitted, to intentionally create the very circumstances that result in the removal of an individual's right against forced, warrantless search and seizure.     

Examining Dose–Response Relationships Between Childhood Victimization,Depression, Symptoms of Psychosis,and Substance Misuse for Incarcerated Women

The current study uses the dose–response model to examine the relationships between childhood victimization events and subsequent depression, symptoms of psychosis, and substance misuse in a sample of 230 randomly selected incarcerated women in the United States. Results on the frequency of victimization were mixed. In this sample, both frequency of physical abuse and frequency of sexual abuse significantly predicted current symptoms of psychosis, but only frequency of physical abuse significantly predicted substance misuse. Incarcerated women who experienced multivictimization were 5.7 times as likely to report depression, 4.2 times as likely to report current symptoms of psychosis, and 3.8 times as likely to meet criteria for a substance use disorder. Results indicate that adjusting prison-based interventions to address multivictimization may improve outcomes and reduce recidivism among this population.     

Violence in Fascist Criminal Law Discourse: War, Repression and Anti-Democracy

This article constructs a critical historical, political and theoretical analysis of the essence of Fascist criminal law discourse in terms of the violence that shaped and characterised it. The article examines the significance of violence in key declarations about the role and purpose of criminal law by Alfredo Rocco, Fascist Minister of Justice and leading ideologue, in his principal speech on the final draft of the 1930 Italian Penal Code. It is grounded on the premise that criminal law is particularly significant for understanding the relationship between State power and individuals, and so what was distinctive about Fascist thinking in this regard. The article analyses Rocco’s declarations as a discourse in order to highlight their contextual foundations, construction and ideological connections. It argues that the core theme of that discourse is violence, which has three principal dimensions: a close historical and rhetorical connection with war, a focus on repressive and intimidatory force, and a paramount concern with subordinating individuals to State interests. The article then uses this analysis to develop a theoretical reading of the nexus between criminal law and violence in Fascism, in terms of its foundations and reversal of ends and means. The article thus provides an original perspective on Fascism and criminal law, which it argues is important for critical engagement with criminal law discourse in our democracies today.     

Legal aid reform: its impact on family law

This paper seeks to give an overview of the Legal Aid reform leading to the enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”). It provides a context for the reforms heralded by consultation in 2010, and discusses the interplay with the simultaneous Family Justice Review. The paper goes on to look at the structural and constitutional changes brought about by the LASPO Act 2012, the impact on the Courts, and the removal of many cases from the 'scope' of public funding leading to the increase in the numbers of Litigants in Person. The paper discusses the ‘exceptional’ cases, the cases in which children are joined as parties, and mediation. The article looks briefly at the impact on the legal profession brought about by the legal aid reforms together with the reduction in fees under the Family Advocacy Scheme (also introduced in 2011).     

Performing Arts Entrepreneurship: Toward a Research Agenda

Starting from the position that performing arts entrepreneurship (PAE) deserves its own theoretical treatment in the literature, this article addresses fundamental questions within that subfield. The first step is to define PAE, necessarily incorporating the related concepts of “The Performing Arts Event Cycle” and the “Performing Arts Value Chain.” The question of why PAE takes place explores the motivations of performing arts entrepreneurs, looking beyond the traditional profit motive. Where PAE occurs is the next question, taking into account audiences, financial resources, available performance venues, and artistic inputs. The final two questions have to do with the timing of PAE, as well as who engages in this activity. Relevance to existing and future research is discussed, as are implications for practice.     

Drug trafficking, corruption, and violence in Mexico: mapping the linkages

Drug trafficking, drug-related violence and drug-related corruption have come to dominate Mexican politics in the late 2000s. Most consider corruption central to both the illicit trade and to the government’s war on it. But such relationships have yet to be fully examined and raise a number of questions. This paper explores the links among these variables. The opening section grapples with the theoretical puzzle. It lays out the different types of drug-related corruption and violence and explores in detail the three binary relationships with particular attention to plomo o plata and the possible inverse connection between corruption and violence. Noting that corruption was once associated with relatively peaceful drug trafficking under the PRI but today is tied to violence, the second section addresses the historical puzzle and asks how the complex relationship among these variables has changed in recent years. The final section explores the various dynamic linkages between drug-trafficking violence and corruption. The theoretical discussion is supplemented by examples from Mexico during the current period.     

Book reviews

United States Development Assistance Policy: The Domestic Politics of Foreign Economic Aid. By Vernon W. Ruttan. Baltimore, MD and London: The Johns Hopkins University Press, 1996. Pp.xxiv + 657. £54. ISBN 0 8018 5051 7

India: Economic Development and Social Opportunity. By Jean Dreze and Amartya Sen. Oxford: Clarendon Press, 1996. Pp.292. £25. ISBN 0 19 829012 8

Regaining Marxism. By Ken Post. Basingstoke: Macmillan Press for Institute of Social Studies, 1996. Pp.x + 393. £45. ISBN 0 333 65444 7

Inflation and Investment Controls in China: The Political Economy of Central‐Local Relations during the Reform Era. By Yasheng Huang. Cambridge: Cambridge University Press, 1996. Pp.xviii + 371. £40. ISBN 0 521 55483 7

The Village Concept in the Transformation of Rural Southeast Asia: Studies from Indonesia, Malaysia and Thailand. Edited by Mason C. Hoadley and Christer Gunnarsson. Richmond, Surrey: Curzon Press, 1996. Pp.xviii + 229. £35. ISBN 0 7007 0350 0

African Industry in Decline: The Case of Textiles in Tanzania in the 1980s. By Peter de Valk. Basingstoke: Macmillan, 1996. Pp.xii + 370. £45. ISBN 0 333 65445 5

The Urban Opportunity: The Work of the NGOs in Cities of the South. Edited by Nicolas Hall, Rob Hart and Diana Mitlin. London: Intermediate Technology Publications, 1996. Pp.xv + 128. £9.95 ISBN 1 85339 347 9

Doctrines of Development. By M.P. Cowen and R.W. Shenton. London: Routledge, 1996. Pp.xv + 554. £18.99. ISBN 0 415 12516 2

Democracy, Development and the Countryside: Urban‐Rural Struggles in India. By Ashutosh Varshney (Cambridge Studies in Comparative Politics). Cambridge: Cambridge University Press, 1995. Pp.xi + 214. £35. 0 521 44153 6

Ethnicity and Development: Geographical Perspectives. Edited by Dennis Dwyer and David Drakakis‐Smith. Chichester: J. Wiley &; Sons, 1996. Pp.296. £35. ISBN 0 47196354 2

Indigenous Organizations and Development. Edited by Peter Blunt and D. Michael Warren. London: Intermediate Technology Publications, 1996. Pp.xv + 253. £16.95. ISBN 1 85339 321 5

Sustainable Tourism in Islands and Small States: Issues and Policies. Edited by Lino Briguglio, Brian Archer, Jafar Jafari and Geoffrey Wall. London: Pinter, 1996. Pp.xiii + 226. £45. ISBN 1 85567 371 1

Sustainable Tourism in Islands and Small States: Case Studies. Edited by Lino Briguglio, Richard Butler, David Harrison and Walter Leal Filho. London: Pinter, 1996. Pp.xiv + 317. £45. ISBN 1 85567 371 1

Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism. By Mahmood Mamdani (Princeton Studies in Culture/Power/History). Princeton, NJ: Princeton University Press, 1996. Pp.xii + 356. (Also published: Kampala: Fountain Publishers. ISBN 9970 02 090 0; Cape Town: David Philip. ISBN 0 85255 399 4; London: James Currey. £14.95. ISBN 0 852555 399 4)