Winners and Losers in the Postcommunist Transition: New Evidence from Estonia

An American specialist on Russian politics and federalism examines the democratizing effects, intended and unintended, of President Vladimir Putin's federative reforms. Focus is on the "harmonization" of regional constitutions and legislation with federal laws and the RF Constitution in the name of the "reintegration of Russia's legal space." On the basis of detailed analysis of changes in regional constitutions and laws ensuing from the harmonization policy, the author assesses the impact of this aspect of the reforms on democratization in Russia's regions. Regional issues examined include the separation and balance of power between the executive and legislative branches, political and civil rights, the level of demand for democratic laws and independent judicial review, and the emergence of stakeholders of these reforms within civil society.     

Constructing Women Who Experience Male Violence: Criminal Legal Discourse and Individual Experiences

This article examines the relationship between how women who experience violence from a male partner construct themselves, and how criminal legal discourse constructs female victims of violence. It is argued that in both arenas, women are constructed according to norms which emanate from a discourse of conventional femininity which operates together with a practice of shame. Utilising empirical data gained from qualitative interviews with women who experienced male violence, the article contends that the construction of the female victim of violence in criminal legal discourses as imbued with stereotypical ‘feminine’ characteristics such as passivity and weakness, may influence these women’s own construction and understanding of themselves. The existence of a practice of shame further consolidates the self-regulation of the women themselves to these norms of femininity. This construction is posited to be problematic as the experiences of women of male violence rarely ‘fit’ within these explanations. The article contends that in order to better understand women’s experiences of male violence; both criminal legal and individual women’s discourses need to be read in terms of the power, knowledge and effects which they exert upon individual women. It is argued that this alternative reading of these discourses has the potential for transformation as they are invested in the subject.

Protecting Childhood: Rights,Social Goals and the First Amendment in the Context of the Child Online Protection Act

In Dun & Bradstreet v. Greenmoss Builders, the Supreme Court of the United States reintroduced a subject matter test into libel law, holding that private figures defamed in the discussion of matters of private concern did not need to prove actual malice to collect punitive or presumed damages. The sweeping language of some of opinions, coupled with the Supreme Court's references to subject matter in subsequent cases, led to confusion over whether and how constitutional protections apply in private plaintiff-private issue cases. This article explores how lower federal and state appellate courts have interpreted Dun & Bradstreet and offers three alternate solutions to appropriately balance the First Amendment rights of defendants with the reputational interests of private plaintiffs in cases arising from the discussion of matters of private concern.