THE ALIENATED CHILD:A Reformulation of Parental Alienation Syndrome

In this article, controversies and problems with parental alienation syndrome are discussed. A reformulation focusing on the alienated child is proposed, and these children are clearly distinguished from other children who resist or refuse contact with a parent following separation or divorce for a variety of normal, expectable reasons, including estrangement. A systemic array of contributing factors are described that can create and/or consolidate alienation in children, including intense marital conflict, a humiliating separation, parental personalities and behaviors, protracted litigation, and professional mismanagement. These factors are understood in the context of the child's capacities and vulnerabilities.     

Discourse Ethics and 'the Rift of Speechlessness': The Limits of Argumentation and Possible Future Directions

Jürgen Habermas's discourse ethics – and within this framework, particularly the idea of 'moral discourses', which focuses on 'what is good for all' and is intended as a means of addressing situations where a shared substantive 'background consensus' does not exist or has broken down – is premised on the assumption that participants attempt to engage with and persuade each other through reasoned argumentation. Where does this leave (potential) participants with strong religious convictions? In several recent publications, Habermas himself has started to reflect on this question. His reflections are motivated not least by (responses to) 11 September 2001. In this context, Habermas has suggested that those with secular commitments engage in a process of self-reflection about the meaning of secularisation, the losses involved in the questioning of religious world views, and the question of how we might respond to these losses. Yet while these reflections are interesting and suggestive, Habermas's framework, as it stands, cannot easily accommodate his own recognition of the need to overcome what he has called 'the rift of speechlessness' that threatens to divide religious and secular discourses. Against this background, I consider elements of William E. Connolly's recent reflections on Neuropolitics as one example of a body of work that suggests possible alternative responses to the challenges Habermas identifies – and as a contribution that deserves to be taken seriously by those interested in the further development of discourse ethics and/or deliberative democracy.     

Not ‘Islands,Entire of Themselves’: Exploring the Spatial Context of City-level Robbery Rates

The current study examines spatial dependence in robbery rates for a sample of 1,056 cities with 25,000 or more residents over the 2000–2003 period. Although commonly considered in some macro-level research, spatial processes have not been examined in relation to city-level variation in robbery. The results of our regression analyses suggest that city robbery rates are not spatially independent. We find that spatial dependence is better accounted for by spatial error models than by spatial lag models. Further exploration of various spatial weights matrices indicates that robbery rates of cities within the same state are related to robbery rates of other cities within the same state, regardless of their proximity. Our analyses illustrate how systematic inquiry into spatial processes can alert researchers to important omitted variable biases and identify intriguing problems for future research.

Hurricane Katrina Victimization as a State Crime of Omission

Several popular narratives assign responsibility to a host of political officials on the local, state, and federal levels for the excess human suffering stemming from Hurricane Katrina. The three main goals of this article are to (1) summarize these claims and situate them within the burgeoning literature on state crime in criminology, (2) discern what victims of the hurricane subjectively identify as the source(s) of their victimization, and (3) compare the latter and the former in order to demonstrate the appropriateness of conceptualizing the excess suffering of Hurricane Katrina victims as a state crime of omission. We explore these three subjects through documentary analysis and interviews with thirteen victims of Hurricane Katrina. Major findings are that all of the interviewees express profound dissatisfaction with various state actions and inactions before, during, and after Katrina in ways consistent with the documentary and polling data. This constellation of similar claims and evidence along with the obvious social injury caused by multiple state failures provide the basis for conceptualizing governmental negligence in the context of Katrina as a state crime of omission.

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FAMILY GROUP CONFERENCING AND CHILD PROTECTION MEDIATION: ESSENTIAL TOOLS FOR PRIORITIZING FAMILY ENGAGEMENT IN CHILD WELFARE CASES

Family group conferencing (FGC) and child protection mediation maximize family engagement in child welfare cases by prioritizing families' roles in discussions and decisions. This article examines how FGC helps professionals to focus on family and community strengths, encourages family engagement, and provides targeted case plans for families and timely, permanent placements for children. It explores how courts and agencies use these interventions to empower families to contribute to resolutions in ways that are not possible in traditional litigation processes. These complementary processes help children and families by providing forums where families are allowed to make informed choices and take an active role in creating plans for their future.     

Dating violence and girls in the juvenile justice system

The purpose of this study is to explore the prevalence and associated behaviors of dating violence among a population of girls in the juvenile justice system. A sample of 590 girls from an urban juvenile justice system completed a questionnaire assessing attitudes and self-efficacy about and occurrence of dating violence. The analysis developed a random effect model to determine a risk profile for dating violence. The strongest predictors of dating violence were (a) initial sexual experience at age 13 or earlier, (b) unwillingness of initial sexual experience, (c) drug use, and (d) low self-efficacy about preventing dating violence. The high prevalence of dating violence and associated behaviors among participants suggests the importance of implementing primary prevention programs to assist preteen girls in delaying initial sexual intercourse and in learning techniques to prevent dating violence.     

Romalpa and Contractual Innovation

Socio‐legal studies have given relatively little attention to the mechanisms by which change occurs to the boilerplate that constitute modern contracts. Contrary to the impression left by neo‐classical contract theory (and its descendant, Chicago School law and economics), contracts are not routinely revised to provide an optimal solution. As recent empirical studies show, change is sporadic, even within high‐value contracts drafted by expert practitioners. Improvements to contractual form only arise after some external shock, which reveals the weakness in the prior norm. In the first application of this principle within the United Kingdom, the article considers the reputed rapid change in ‘retention of title’ clauses in sales transactions in the mid‐1970s, and identifies the factors, and personalities, that led to such rapid legal innovation and change.     

The tools to understand: community as co-researcher on culture-specific protective factors for Alaska Natives

A collaborative research process engaging Alaska Native communities in the study of protective factors in Alaska Native sobriety and the design of a preventative intervention using its findings is described. Study 1 was discovery oriented qualitative research whose objectives were identification of protective factors and development of a heuristic model. Study 2 involved quantitative survey methods to develop and test ameasure of protective factors identified by the qualitative study. Empirical data from these studies is presented, and the role of Alaska Native co-researchers who did not possess specialist research training is described in the design and implementation of the study, interpretation of findings, and design of the intervention model and tools. Benefits that emerged from co-researcher involvement in this process, to the community and to the co-researchers themselves, are described.