Racially Restrictive Covenants—Were They Dignity Takings?

Racially restrictive covenants—subdivision rules or neighborhood agreements that “run with the land” to bar sales of rentals by minority members—were common and legally enforceable in the United States in the first half of the twentieth century. In spite of their demeaning character, these racial covenants took away opportunities from excluded minorities, rather than things, and thus they amounted to something less than the dramatic “dignity takings” that Bernadette Atuahene (2014) describes in her new book on dignity takings in South Africa. In this article, I explore some significant ways in which racially restrictive covenants differed from dignity takings as Atuahene defines them, as well as the shadowy similarities between racial covenants and Atuahene's dignity takings; I focus here on the dimensions of dehumanization, state involvement, and property takings. I conclude with a discussion of remedies, particularly considering measures that restore dignity through both public policies and private actions.     

‘There were ethical dilemmas all day long!’: harrowing tales of ethnographic researchers in criminology and criminal justice

While there have been many ethnographies published within the disciplines of criminology and criminal justice, very few studies have examined actual field researchers who have successfully employed this qualitative technique. In this exploratory study, we identified and conducted phone interviews with a sample of eight scholars who have used variations of the ethnographic method to study aspects of life which relate to crime, deviant behavior, and social control. Respondents revealed to us their colorful stories, as well as the risks, rewards, and ethical dilemmas they experienced while attempting to balance the delicate roles of being insiders, outsiders, researchers, and participants. They specifically discussed how they negotiated the personal and professional obstacles of being thrust into criminal worlds (as well as criminal justice worlds) and ultimately managed to thrive while conducting fieldwork in perilous places.     

MENTAL HEALTH CARE FOR OLDER PERSONS: NETWORKING AS A RESPONSE TO ORGANIZATIONAL CHALLENGES1

We use case study methodology to examine the degree of cooperation and coordination among organizations providing mental health care to older persons. Mail surveys and in‐depth interviews were employed to gather data from human service organizations in one relatively rural county of Upstate New York. We find that organizations that are older and provide larger numbers of services tend to have a higher degree of integration with other organizations. There is little evidence of formal coordination of services. Informal cooperation, at least on an ad hoc basis, is common, though. Older persons with chronic mental health problems are relatively well served by the system. Older persons whose mental health problems are associated with the aging process are not well served by the system. The growth of mental health managed care has increased competition among many organizations, further fragmenting a weakly integrated system.     

The politics of affective citizenship: from Blair to Obama

Politicians have long mobilised emotion in order to gain voters' support. However, this article argues that the politics of affect is also implicated in how citizens' identities, rights and entitlements are constructed. Examples are drawn from the positions of UK, US, Canadian and Australian politicians, including Tony Blair, David Cameron, Kevin Rudd and Barack Obama. Emotions analysed include love, fear, anxiety, empathy and hope. The article argues for the importance of a concept of ‘affective citizenship’ which explores (a) which intimate emotional relationships between citizens are endorsed and recognised by governments in personal life and (b) how citizens are also encouraged to feel about others and themselves in broader, more public domains. It focuses on issues of sexuality, gender, race and religion, and argues that the politics of affect has major implications for determining who has full citizenship rights. The Global Financial Crisis has also seen the development of an ‘emotional regime’ in which issues of economic security are increasingly influencing constructions of citizenship.     

Three Sorries and You’re In? Does the Prime Minister’s Statement in the Australian Federal Parliament Presage Federal Constitutional Recognition and Reparations?

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”.     

Getting the fish to see the water: an investigation into students’ perceptions of learning writing skills in academic modules and in a final year real client legal clinic module

In 2010 Tonya Kowalski described the problems faced by students entering clinic for the first time as a one step backward, two step forward phenomenon. Students appeared initially unable to transfer skills and knowledge learned in earlier academic and other settings to clinic but once they were immersed in clinic their skills development improved rapidly. Clinic is often presented as a “bridge to practice” and delivered as the capstone to more traditional elements of an undergraduate degree. However, even with an integrated approach like that at Northumbria Law School, a seamless transition to the skills required for clinic is challenging and gives rise to a constant review of how best to prepare students. Our research focused on legal writing and used focus groups to find out how students participating in the year four clinic at Northumbria University perceived and adapted their previous experiences of writing for use in the clinical context. It identifies strategies which should be considered for integration into non-clinical modules and in the clinical module itself to facilitate this transition from academic orientated writing to practice orientated writing.