Feminist Judgments Projects at the Intersection

Feminist Legal Studies -     

Dialogues of the War on Drugs: towards restorative reentry initiatives

The injustices of mass incarceration and the ‘War on Drugs’ are a much debated topic in the United States. My project engages this thematic field by examining how formerly incarcerated people discuss the War on Drugs and mass incarceration. I analyze the narratives of 17 formerly incarcerated men who volunteered to participate in: (1) life story interviews, (2) focus groups and (3) semi-structured interviews. Both restorative justice and reentry have been criticized for failing to consider the social, structural, and historical inequalities for marginalized groups. I contend that my subjects’ engagement with historical and autobiographical narratives contributes to an innovative practice borrowing from restorative justice in the context of reentry. The preliminary results confirm that for those who were on the frontline of the War on Drugs, narrating their life story was a cathartic experience and discussing collective memories of slavery and Jim Crow in a group setting became an educational moment and reaffirmed the need to rethink this history. I found the older generation believes the past should be remembered and racism still exists, while the younger generation subscribes to a colorblind view of society and wants to move on.     

Abusing Vulnerability? Contemporary Law and Policy Responses to Sex Work in the UK

There has been an exponential rise in use of the term vulnerability across a number of political and policy arenas, including child protection, sexual offences, poverty, development, care for the elderly, patient autonomy, globalisation, war, public health and ecology. Yet despite its increasing deployment, the exact meaning and parameters of this concept remain somewhat elusive. In this article, we explore the interaction of two very different strategies??one in which vulnerability is relied upon by those seeking improved social justice as a mechanism by which to identify, problematise and compel state responses to a universal condition of precarious dependency, and the other in which it is used as a category of neo-liberal governance which legitimates state encroachment whilst constructing ??vulnerable?? individuals as ??risk-managers?? who must behave ??responsibly?? in the face of disadvantage. We suggest that the co-existence of these divergent approaches highlights the fluidity and malleability of the concept of vulnerability. Using sex work as a specific case study, we explore the ways in which vulnerability bears multiple meanings, and has been used in recent times in the furtherance of moralistic and regressive agendas, which collude with, rather than challenge, state power. Without seeking to reject the label or normative import of vulnerability, we call, therefore, for a more circumspect approach to its usage, and a more critical evaluation of recent claims which hail it as a mechanism, preferable to the conventional use of equality paradigms, by which to secure progressive feminist outcomes.     

Meeting in the Middle: A Review of Joint JD/PhD Programs

In recent years there has been a vigorous debate in the discipline of criminology and criminal justice, concerning the role of faculty members in Criminology and Criminal Justice departments who hold a Juris Doctorate (JD), but lack a PhD. Some argue that faculty members with a JD possess sufficient credentials to be tenure-track faculty members within a department; however, others believe that a tenure-track faculty member within a department should hold a PhD. Two primary arguments in the debate concern the discrepancies in the hour requirements for degree certification, as well as the dissertation requirement for completion of a PhD. Although it seems both sides are entrenched in their respective beliefs, one plausible method of attempting to bridge this gap is to encourage interested students to enroll in joint JD/PhD programs. These programs are designed to overlap degree requirements and allow students to concurrently earn both degrees in a shorter period of time than if both degrees were earned separately. To analyze JD/PhD programs, a survey of the 201 American Bar Association (ABA) accredited law schools with joint degree programs within criminology and criminal justice (as well as other academic disciplines) was conducted. Of specific interest was the process of program integration and combined curriculum requirements.     

The future of claims to resist removal by non-nationals suffering from HIV/AIDS

The focus of this article is to consider the difficulties facing non-nationals suffering HIV/AIDS to resist removal to their countries of origin where there is no or inadequate medical treatment. The link between HIV/AIDS and migration will be explored illustrating the vulnerability of displaced people to the virus. The current UK legal position for those attempting to resist removal in such circumstances will be explored. The article will explore two potential avenues that may prevent removal of non-nationals with HIV/AIDS to countries with limited access to the necessary treatment. In the first instance consideration of Article 3 European Convention on Human Rights (ECHR) will be made with particular emphasis on mother and child claims. The second argument will examine the potential for refugee claims under Article 1A (2) Refugee Convention 1951 where an applicant may be able to demonstrate a well-founded fear of persecution because of membership to a particular social group. The authors will particularly emphasise the argument that in certain countries sufferers will experience ostracism and victimisation where its severity may amount to treatment contrary to Article 3 ECHR and persecution under the Refugee Convention. Vanessa Bettinson and Dr Alwyn Jones, senior lecturers, De Montfort University. The authors would like to thank Professor Tony Barnett at London School of Economics for his useful and invaluable thoughts and comments. We would also like to thank our colleague Gavin Dingwall and the students in our 2006/07 Immigration and Refugee Law seminars for their very helpful feedback.     

Examining Media Coverage of Drugs in Malaysian Media

Asian Journal of Criminology - It has been well-established that, in the USA, the news media contributes to the construction of moral panics regarding the use and users of various types of drugs....     

Political Reform in Lebanon: Has the Cedar Revolution Failed?

The assassination of Prime Minister Rafik Hariri in February 2005 and the subsequent Cedar Revolution – resulting in the historic withdrawal of Syrian troops in April 2005 – left many foreign observers wondering if the Lebanese had finally broken the barrier between religious and political loyalties. However, it is argued in this paper, the Lebanese were asserting their independence not urging reform of the power-sharing settlement set out in the Taif Accord (1989). This paper evaluates the opportunity for reform of the electoral system, the status of the National Dialogue Process as well as the problem of an armed Hezbollah. An examination of these key issues provides the impetus for an in-depth and comprehensive look not only at the mechanics of the political process but also the motives of the players involved.