Liability for sexual harassment in criminal justice agencies

This article focuses on sexual harassment in criminal justice agencies from a legal perspective. The article briefly describes sexual harassment cases that address agency liability decided by the United States Supreme Court, discussing the standards of liability articulated in Burlington Industries Inc. v. Ellerth (1998), Faragher v. City of Boca Raton (1998), and Meritor Savings Bank v. Vinson (1986). A more precise understanding of when agencies are liable for the actions of their subordinates is developed through an examination of lower federal court decisions. Trends in the law are identified, as case law is categorized according to harassment by supervisors and co-workers. The article concludes by exploring the policy implications flowing from court decisions and by calling for further research on this troubling aspect of the criminal justice workplace.     

The Measurement of Pure Negative Freedom

Examining the question of whether or how far freedom is measurable contributes to the analysis of the concept of freedom in two ways. First, it involves attempting to establish criteria for answering questions about 'how free' individuals or societies are. Secondly, it helps to show how far different definitions of freedom really conflict, in as much as those definitions are themselves motivated by intuitive extent-of-freedom assessments in the first place. Critics of the 'pure negative' conception of freedom (freedom as the absence of purely physical impediments to action) have argued either that freedom is unmeasurable on such a conception, or that such a conception is counterintuitive, because the measurements of freedom implied by it conflict with the intuitive comparisons which we normally make. Closer examinations of the nature of measurement and of the nature of act individuation show both ofthese criticisms to be ill founded.     

Adult guardianship: human rights or social justice?

Adult guardianship in English-speaking countries has its roots firmly planted in the protective parens patriae principle. In the last 20 years, in response to societal changes and international developments, concerns about human rights have fundamentally challenged the historic basis of guardianship. This article argues that social justice offers a better framework than human rights for adult guardianship legislation.