The exclusion of Roma claimants in Canadian refugee policy

The arrival of thousands of European Roma seeking refugee status in Canada elicited a range of legislative and policy instruments that severely restrict their acceptance and create conditions antagonistic to further admissions. Interventions have included visa restrictions, actions by Immigration and Refugee Board, the Balanced Refugee Reform Act followed by the Protecting Canada's Immigration System Act, and ministerial rhetoric about the illegitimacy of Roma as refugees. Other factors have involved interpretations of persecution in relation to the Geneva Convention and Protocol, and the implications of the conditions required for membership to the European Union. These political circumstances in large part determine Canadian acceptance rates for the Roma. Their systematic exclusion is reminiscent of the historical treatment of other groups due to institutional racism. In the new racism, however, refugee law and policy is racist in effect while evading the language of race.     

Filtering speed in a Continental European reorganization procedure

Recent studies of US Chapter 11 show it to be a relatively efficient procedure. We examine reorganization cases in a Continental European, creditor-oriented bankruptcy system, viz. Belgium, and report very different findings. Using hazard and cure regression models to determine what drives the length of time spent in reorganizations, we find evidence suggesting that courts have little impact on the screening and filtering process. In fact, many drivers of procedure length prove to have the opposite sign of what one would expect if the procedure would efficiently realise its goals. Instead, the procedure appears to be mainly creditor or owner-driven.     

Physical victimization in prison: the role of mental illness

This study compares prison physical victimization rates (inmate-on-inmate and staff-on-inmate) for people with mental disorder to those without mental disorder in a state prison system. Inmate subjects were drawn from 14 adult prisons operated by a single mid-Atlantic State. A sample of 7,528 subjects aged 18 or older (7,221 men and 564 women) completed an audio-computer administered survey instrument. Mental disorder was based on self-reported mental health treatment ever for particular mental disorders. Approximately one-quarter of the sample reported some prior treatment for schizophrenia, bipolar disorder, depression, PTSD, or anxiety disorder. Rates of physical victimization for males with any mental disorder were 1.6 times (inmate-on-inmate) and 1.2 times (staff-on-inmate) higher than that of males with no mental disorder. Female inmates with mental disorder were 1.7 times more likely to report being physically victimized by another inmate than did their counterparts with no mental disorder. Overall, both males and females with mental disorder are disproportionately represented among victims of physical violence inside prison.     

Splitting the Atom of Sovereignty: Term Limits, Inc.'s Conflicting Views of Popular Autonomy in a Federal Republic

In his concurrence to U.S. Term Limits, Inc. v. Thorton, JusticeAnthony Kennedy described federalism as an attempt to "splitthe atom of sovereignty." As Term Limits demonstrates, the taskis an incredibly difficult one, which deeply rends the Court.One block, currently composed of Justices John Paul Stevens,David Souter, Ruth Baider Ginsburg, and Stephen Breyer, viewthe source of constitutional authority as residing in the peopleof the nation as a whole; the other block, made up of ChiefJustice William Rehnquist and Justices Sandra Day O'Connor,Antonin Scalia, and Clarence Thomas, argue that the constitutionalwellspring is the people of each individual state. Justice Kennedy,now occupying the Court's middle ground, stresses the "dualcharacter" of federal government. The debate is much morethanacademic. Depending on how it is played out, the argument mayhave profound implications for the understanding and practiceof U.S. federalism.