Gag orders: Shields or swords in the constitutional conflict between fair trial and free press?

In 1976, in Nebraska Press Association v. Stuart, the Supreme Court characterized gag orders as the “most serious and least tolerable infringement on First Amendment rights.”; Yet courts impose gag orders that restrict media coverage of courts and trial participants. Many groups believe the use of gag orders is increasing. However, no previous study has attempted to quantify the frequency of gag orders or to explore judicial attitudes about the issuance of such orders. This analysis of the case law and exploratory survey of judges in Florida suggests that courts issue gag orders to protect fair trials, participant safety and privacy, and the sanctity of the courtroom.

This article also suggests that conflict over gag orders arises because judges disagree about the core meanings of the First and Sixth Amendments. This research indicates that judges' individual interpretations of the Constitution color their determinations of whether indirect gags on trial participants, rather than on the media, are impermissible assaults on the First Amendment or are permissible shields of fair trials. Judges tend to be either First Amendment apostles or Sixth Amendment followers, and Sixth Amendment judges are more likely to impose and uphold gag orders. The authors suggest that this schism is unlikely to be resolved without guidance from the Supreme Court.     

Evaluation of the assessment and treatment of a child sex offender: A case study

Abstract

There is indisputable necessity for engaging child sex offenders in effective therapy to reduce recidivist rates. However, it is becoming increasingly recognised that, to do this, more contemporary psychological methods of treatment are being utilised instead of, or as well as, imprisonment.

To establish what constitutes effective therapy requires the constant search for new and successful treatments. To achieve this, it is advantageous to follow preexisting successful methods of treatment but to acknowledge that therapy must be adapted according to an individual's unique presenting difficulties and therapeutic needs.

This paper details assessment techniques, evaluation of psychological dysfunctions, the therapy plan and treatment outcome of a convicted child sex offender. Specifically, Mr X's background history, psychological dysfunctions and progress, using a functional analysis approach, are examined in detail with critical review of the therapeutic intervention.     

Actio Libera in Causa

The actio libera in causa doctrine, as originally formulated by various Enlightenment philosophers, concerns the imputation of responsibility to actors for actions unfree in themselves, but free in their causes. Like our Enlightenment counterparts, contemporary philosophers of criminal law, as well as most Western legal systems (both common law and civil), allow that persons can be responsible for acts that are not free when performed, provided they were free in their causes. The actio libera doctrine allows us to impute unfree actions to persons, provided they were responsible for causing the conditions of unfreedom that characterizes those actions when performed. This doctrine seems to be instantiated in a great many actual legal practices. But I argue that we must distinguish between two importantly different understandings of the doctrine itself and its application in law. On the one hand, the actio libera doctrine allows us to waive the voluntariness requirement that is generally needed for criminal liability. On the other hand, it disallows defendants to appeal to defences they would otherwise be entitled to use to block liability, if they culpably created the conditions of their own defence. The first case involves rules of imputation, while the second concerns culpability, and justifying the actio libera doctrine therefore faces different challenges in the two cases.     

Clarity of responsibility: How government cohesion conditions performance voting

Recent literature has shown that the long established link between economic performance and electoral outcomes is conditioned by a country's institutions and government, what is often termed ‘clarity of responsibility’. In this article two distinct dimensions of the clarity of the political context are identified: institutional and government clarity. The first captures the formal dispersion of government power, both horizontally and vertically. The second captures the cohesion of the incumbent government. Analysing survey data from 27 European countries, it is shown that voters' ability to hold governments to account, for both the economy and management of public services, is primarily influenced by the extent to which there is an identifiable and cohesive incumbent, whereas formal institutional rules have no direct impact on performance voting.     

The HOPE VI Program: What about the residents?

Abstract

During the 1990s, the federal government dramatically changed its policy on housing the poor. Under the HOPE VI (Housing Opportunities for People Everywhere) Program, the U.S. Department of Housing and Urban Development intended to address the concentration of troubled low‐income households in public housing by moving away from its reliance on project‐based assistance and promoting instead the construction of mixed‐income housing and the use of housing subsidies.

This article presents important evidence from two systematic, multicity studies on how the original residents of HOPE VI developments have been affected by this radical new approach to public housing. While many residents have clearly benefited, the findings raise critical questions about whether the transformation of public housing will achieve its potential as a powerful force for improving the lives of low‐income families.     

Reviews

Messages and Meanings: An Introduction to Semiotics Marcel Danesi, Canadian Scholars' Press Toronto 1994

Australian Popular Culture Ian Craven (ed), Cambridge University Press Cambridge 1994

Identifying Australia in Postmodern Times Livio Dobrez (ed), Bibliotech Canberra 1994

Text and Context Bev Derewianka & Louise Ravelli (EDGA 976) PAGE SBS University of Wollongong 1995     

The Gautreaux Legacy: What Might Mixed‐Income and Dispersal Strategies Mean for the Poorest Public Housing Tenants?

Abstract

The current transformation of public and assisted housing reflects the legacy of the Gautreaux case, which created the first mobility and scattered‐site programs. Mixed‐income and dispersal strategies now dominate federal housing policy, although their focus has shifted. Drawing on evidence from two preliminary studies of public housing transformation in Chicago, we argue that these new strategies seem to offer benefits for distressed public housing communities but also involve risks for the most vulnerable current tenants. Increased screening and/or the need to compete with private market tenants may force these families out of the assisted housing market.

Addressing the complex needs of the most troubled public housing tenants will call for a more comprehensive solution. The intent of the Gautreaux case was to increase opportunity and enhance quality of life for public housing tenants; policy makers should take steps to ensure that current programs reflect these fundamental goals.     

Party subsidies and the freezing of party competition: Do cartel mechanisms work?

The number of countries offering public subsidies to political parties has vastly increased in recent decades, but there have been few attempts to assess how these subsidies affect political competition. Expectations about their likely impact vary widely. Some have described subsidies as key devices used by so-called ‘cartel parties’ to buttress their status and exclude new challengers. Others see subsidies as incentives that encourage new party formation and sustain fledgling parties that otherwise might disappear. The research reported here investigates the circumstances under which subsidies seem more likely to play one or the other of these roles by considering the development of party systems and party subsidies in European democracies. It finds little evidence that subsidies freeze out new parties, but there are signs that certain schemes may encourage party fragmentation.     

Transportation Challenges for Urban Students With Disabilities: Parent Perspectives

This qualitative study explored parent perspectives of the transportation difficulties students with disabilities experienced getting to and around school. Participants were parents of predominantly African American and Latino/a high school youth with disabilities from low income neighborhoods. Content analysis of 14 meetings with 5 to 12 parents sponsored by the school district revealed five primary themes concerning transportation: the role of aides, exclusion from school programming, scheduling problems, equipment problems, and physical safety issues. Findings are discussed in regard to students' social and emotional experiences at school. Implications for school policy include improving the integration of transportation within inclusion best practice models. Incorporating parent perspectives can help school administrators and staff enrich the quality of inclusive, socially just education for students with disabilities.