Menstrual cycles and criminal responsibility

Since at least the turn of the century, there have been reports indicating that women have an increased tendency toward criminal behavior during certain phases of the menstrual cycle. Recently these reports have served as the basis for a proposal to expand the insanity defense to recognize the impact of menstrual cycles in diminishing criminal responsibility. This paper reviews the empirical literature on the link between menstruation and crime and raises several critical questions regarding interpretation of this data. In light of these questions it is suggested that at this time an insanity defense based on menstrual symptomology would be inappropriate.     

Infanticide: is its incidence among postneonatal infant deaths increasing?: an 18-year population-based analysis in California

The decline in the incidence of sudden infant death syndrome (SIDS) and recent recommendations regarding the differentiation of SIDS and child abuse has generated speculation that some cases of infanticide were misdiagnosed as SIDS. The aims of this study were to determine the change in incidences and proportions of postneonatal deaths from all causes, SIDS, and infanticide in California over an 18-year interval encompassing years before and after the Back to Sleep campaign. Selected postneonatal mortality data from 1981 through 1998 obtained from the California Department of Health Services were analyzed and graphically displayed. The total postneonatal mortality and incidence of SIDS deaths per 100,000 live births decreased 45% and 66%, respectively, during the study interval; the incidence of infanticide remained low. The ratio of infanticide to SIDS increased from 4.3 per 100 in 1981 to 10.2 per 100 in 1998. Infanticide deaths, as a percentage of the total number of postneonatal deaths, increased slightly from the first to the second half of the study interval but never rose above 3.2%. It is concluded that this increased percentage is due to a decrease in SIDS deaths and not to an actual increase in infanticide deaths.     

Directives in EU Legal Systems: Whose Norms Are They Anyway?

This article is concerned with whether the concept of a legal system—long a centrepiece of state‐based legal theories—is a useful conceptual tool in theorising the contemporary EU and its legal relations with its Member States. The focus lies particularly with EU directives, and with what the character and operation of this distinctive type of EU norm can tell us as regards the existence of and relations between legal systems in the EU. I argue for the view that the EU is comprised of distinct but interacting legal systems at EU and national level, and claim that the character and operation of directives supports this view. Throughout the discussion I try to bring the conceptual tools of analytical legal philosophy to bear on puzzles generated by EU law and its relations with national law, in order to show that a sound analysis of aspects of the EU can benefit from abstract legal philosophical reflection, and vice versa.     

It Takes a Village: Using a Community-Defined Practice Approach to Develop a Tribal In-Home Services Model for Alaska Native Families

The current evidence base for in-home services in child welfare is limited, with insufficient research on the use of in-home services among ethnically diverse populations. This article describes a case study examining the use of a community-defined practice and evidence approach to develop tribally based in-home service models with Alaska Native communities. The models were co-created by tribal elders, community members, and service providers, with technical assistance provided by the Western and Pacific Child Welfare Implementation Center (WPIC). Research findings suggest that this is an effective approach to developing culturally appropriate child welfare practices while also building local support and ownership.     

Internationalism and Commitment at the Kitchen Table

The contributors to this issue focus on legal internationalism (Peroni 2016; Turan 2016), including hybrid mixes with nationalist forms (Sankey 2016). They have provoked us as editors to think more about these sites and forms of engagement. Sankey shows how civic participation in the ECCC has played a key role in surfacing the gendered harms of separation and starvation. Turan highlights the problems with ICC exclusion of the experience of men and boys from sexual violence. Peroni expresses her hesitations over the Istanbul Convention given an association between assumed vulnerability and migrant women, while admiring its uncoupling of violence and culture. Cruz’s interview with Wendy Brown (2016) contextualizes and expands on these themes as they consider, with other participants, the future of feminist theory in the context of neo-liberal capturing of rights and legal space. Thinking more about internationalism and commitment in this context also helps us hold a mirror up to ourselves as we reflect more critically on our own naming of FLS as an ‘international’ journal. Together these contributions, and the reviews of new work, play a role in fleshing out an editorial commitment to enacting the journal as a living thing that ‘hangs together somehow’ (Mol 2002) even as it is known differently in different places.     

Are the Core and Periphery Irreconcilable? The Curious World of Publishing in Contemporary International Relations

While divisive inter- and intraparadigm debates over theories and methodology abound in thhe discourse of International Relations, issues surrounding geographically based divides between developed and developing world International Relations scholars have received considerably less attention. Trends of globalization and internationalization in the past decade have strengthened the argument that such divides must be bridged. This article first investigates whether there have been changes in the level of dialogue between core and periphery IR scholars throughout the 1990s by looking at publishing practices in twenty leading IR journals worldwide over seven years. It suggests explanations for the continuing lack of communication based on interviews with IR scholars from the developing world.