Foucault, Law, and Power: A Reassessment

After raising doubts about Foucault's approach to law-power, in the light of various acts of religion-inspired violence on and after 11 September 2001, a case is made against this approach, based on the charge that Foucault ties law far too tightly to what he calls negative power. He makes law part of juridico-sovereignty power, a form of power he regards as outmoded, with an outmoded commitment to sovereignty and the state. It is argued that in attempting to separate law from what he sees as the positive power of modern governmentality, Foucault never understands law's role as a part of a crucial balance - between political power, military power, the social, the cultural, the legal, and the economic - a balance that tries to achieve both individual freedom and the security to enjoy that freedom. An alternative way of understanding law, and of understanding sovereignty and the state - the state under the rule of law - is presented as a much better route to an appreciation of law's part in the balance.     

Elementary Grade Retention in Texas and Reading Achievement Among Racial Groups: 1994–2002

Students who failed the Texas mandatory third grade reading test were followed through their sophomore year in high school. Comparisons of reading scores between third grade students who repeated the grade and their socially promoted classmates revealed that the positive effect of retention persisted over time. Retention in third grade benefited low‐performing readers regardless of race. Supplemental analyses found that the results are not likely attributable to selection biases, differential attrition of students from the panel, changes in the special education status of students, and regression to the mean effects. Making students repeat a grade, when supplemented with additional educational assistance, can benefit academically challenged children.     

Do pre‐admonition suggestions moderate the effect of unbiased lineup instructions?

We examined the additive and interactive effects of pre‐admonition suggestion and lineup instructions (biased or unbiased) on eyewitness identification rates. Participants watched a mock crime video, completed a target‐absent lineup identification, and completed a retrospective memory questionnaire. Prior to attempting an identification, participants were either exposed or not exposed to pre‐admonition suggestions and received biased or unbiased lineup instructions. The pre‐admonition suggestion indicated that it was likely that the perpetrator was in the lineup (surely, you can pick the perpetrator). The pre‐admonition suggestion increased false identification in the unbiased lineup condition. Furthermore, those who received the pre‐admonition suggestion were more certain in their identifications as well as other testimony‐relevant judgments than were those who did not receive the pre‐admonition suggestion. These results suggest that pre‐lineup suggestion can mitigate the beneficial effects of unbiased lineup instructions.     

The Participation Paradox of Indigenous Autonomy in Mexico

As indigenous movements around the world seek to strengthen their collective voice in their respective political systems, efforts continue to design political institutions that offer both sufficient local autonomy and incentives to participate in the broader political system. The state of Oaxaca, Mexico, offers a test case of one such effort at indigenous‐based institutional design. This article argues that such reforms often fail to confront the tension between local autonomy and citizen engagement in politics outside the borders of the community. Testing this theory through a comparative analysis of voter turnout rates in municipalities across the state of Oaxaca and the neighboring state of Guerrero, this study finds that the adoption of indigenous institutions at the local level is associated with significantly lower voter turnout rates for national elections.