Authority, Meaning and Inclusive Legal Positivism

Book reviewed in this article:
Jules Coleman, The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory     

Mental and physical health symptoms of family court intimate partner violence petitioners

This paper explores the impact of intimate partner violence on victim health and proposes interdisciplinary coordination between legal and mental health services as a means to assist victims. Data was collected from 95 female petitioners at an upstate New York Domestic Violence Intensive Intervention Court (DVIIC). Study participants completed surveys on physical health, mental health, and social functioning. Survey results demonstrated decreased mental health and social functioning as well as a strong willingness to utilize court-based mental health services if offered. Findings from this study support court-based settings as appropriate sites for addressing mental health needs through collaborative efforts between legal and mental health professionals.     

Creating Shared Responsibility through Respect for Military Culture: The Russian and American Cases

The key problem in civil‐military relations in established polities such as Russia and the United States is not civilian control of the military, but rather how to create a symbiotic relationship of “shared responsibility” between senior military officers and civilian leaders. In such a situation, civilian leaders obtain much needed expertise from the military, but ultimately remain in control. The keys to symbiotic civil‐military relations are a desire on the part of military officers to work with civilians and civilian respect for military culture. When civilians respect military culture—that is, the military’s (1) devotion to clear executive leadership, (2) commitment to corporate identity, (3) drive to increase professional expertise, and (4) dedication to political responsibility—a system of shared responsibility is likely to emerge. This thesis is elaborated by comparing recent civil‐military relations in Russia and the United States.     

Evaluation of pediatric skull fracture imaging techniques

Radiologic imaging is crucial in the diagnosis of skull fracture, but there is some doubt as to whether different imaging modalities can accurately identify fractures present on a human skull. While studies have been performed to evaluate the efficacy of radiologic imaging at other anatomical locations, there have been no systematic studies comparing various CT techniques, including high resolution imaging with and without 3D reconstructions to conventional radiologic imaging in children, we investigated which imaging modalities: high-resolution CT scan with 3D projections, clinical-resolution CT scans or X-rays, best showed fracture occurrence in a pediatric human cadaver skull by having an expert pediatric radiologist examine radiologic images from fractured skulls. The skulls used were taken from pediatric cadavers ranging in age from 5 months to 16 years. We evaluated the sensitivity and specificity for the imaging modalities using dissection findings as the gold standard. We found that high-resolution CT scans with 3D projections and conventional CT provided the most accurate fracture diagnosis (single-fracture sensitivity of 71%) followed by X-rays (single-fracture sensitivity of 63%). Linear fractures outsider the region of the sutures were more identifiable than diastatic fractures, though the incidence of false positives was greater for linear fractures. In the two cases where multiple fractures were present on the same anatomical skull location, the radiologist was less likely to identify the presence of additional fractures than a single fracture. Overall, the high-resolution and clinical-resolution CT scans had the similar accuracy for detecting skull fractures while the use of the X-ray was both less accurate and had a lower specificity.     

The State of American Federalism, 2004: Is Federalism Still a Core Value?

Federalism as a political issue was conspicuously absent fromthe 2004 presidential contest. Unlike many previous campaigns,neither party's candidate made much mention of problems besettingstates and localities. The war against global terrorism andthe changing situation in Iraq shaped the election. Progresswas made on homeland security, but intergovernmental wranglingover federal grants continued unabated. Federal-state feudswere common in several policy areas, including education, environmentalprotection, and health care. State finances received a revenueboost as economic growth picked up, but rising costs for Medicaid,education, employee pensions, and prisons clouded states' financialforecasts. The U.S. Supreme Court decided several cases witha federalism dimension, and these decisions plus those of thepast several years suggest the Court has moved not so much togrant more power to the states but to prune back the power ofCongress. Much of what has happened during the first Bush administrationmust be seen against the larger background of changes in theAmerican political party system. Changes in party organizationand policy control, especially during the first Bush administration,reaffirm David Walker's assessment that over the past quartercentury American federalism has become more nationalized.     

An Overview of Adjustments to the Budget Enforcement Act Discretionary Spending Caps

This article reviews the adjustments that have been made to the limits on discretionary federal spending that were enacted as part of the Budget Enforcement Act of 1990. Each type of adjustment authorized by that act is described, and the actual adjustments made by the U.S. Office of Management and Budget are discussed. Tables that display the amounts and timing of the adjustments are used to support the narrative. The article also discusses the relationship of cap adjustments to changes in the federal budget deficit.