Mrs. John Marshall Harlan's Memories: Hierarchies of Gender and Race in the Household and the Polity

While legal papers and case decisions have been the traditional focus of judicial biography, the family papers of Justice John Marshall Harlan the Elder demonstrate the importance for understanding a judge's conception of the polity of shifting our sights to the household. Historians of the 19th century have overestimated the distance between the private and the public spheres. The memoirs of Harlan's wife Malvina offer us unparalleled, and hitherto neglected, testimony. Her depiction of the antebellum Harlan household shows its two hierarchies based on assumptions of fundamental differences—those of gender and of race—and both positing a benevolent white male paternalist at their apex. Malvina Harlan's memoirs indicate the lifelong persistence of this paternalism in her own relationship with Justice Harlan and in his relationship with a black servant. These patterns of hierachy, separation, and mutual devotion were essential to Harlan's understanding of his family identity and personal duty. His famous dissents in favor of black civil rights protections and his lapses from his color-blind rule have their roots in this paternalism even as Harlan came to embrace the racial egalitarianism of the Civil War amendments.     

The case of abortion

Abortion as an issue is tried in a courtroom situation. The followi ng questions are dealt with: 1) At what point in the gestation process is the fetus recognized to be a human being and accorded the protection of a human being? and 2) Does a woman have a right to abort her pregnancy? Witnesses present evidence and viewpoints from the following disciplines: law, religion, biology, history, legal history, and medicine. The advocate for abortion focuses on a woman's right to privacy and to control over her own body. The opponent of abortion emph asizes the sacredness of life.     

Patient inducement, provider priorities, and resource allocation in public mental health systems

Public mental health systems are increasingly facing demands from the criminal justice system and social services agencies to provide services and support in cases in which mental illness contributes to crime, homelessness, or poverty. In this article we analyze how policies from outside public mental health systems affect resource allocation within these systems, using examples from criminal justice. These policies use two types of mechanisms: inducing patients to consume treatment (by offering rewards or imposing penalties) and inducing clinicians to provide treatment (by creating priorities). We propose a classification of these social policies based on whether they affect demand through rewards or penalties or supply through priorities. We then relate the classification to data on patients treated in public systems to evaluate the current prevalence and potential for growth in these outside demands. These inducements impose a set of nonobvious costs on other patients who are not targeted by the policies. Furthermore, they create incentives for both patients and providers to modify their behavior in order to take advantage of rewards, avoid penalties, or better compete for resources with prioritized patients. We consider some policy implications for avoiding unintended consequences of these policies.     

Analysis of gunshot residue test results in 112 suicides

The results of gunshot residue (GSR) tests in 112 suicide cases investigated by the U.S. Army Criminal Investigation Command over a ten-year period are described. Only suicide cases in which there was certainty that the victim fired a weapon were examined in an effort to reduce ambiguous results. Previous case work research by Rudzitis indicated that positive GSR test results were encountered in suicides 62% of the time using various combinations of neutron activation analysis (NAA) and atomic absorption spectrophotometry (AAS). Threshold values of 0.2-micrograms antimony and 0.3-micrograms barium (0.2-micrograms antimony and 0.5-micrograms barium after 1985) used by the U.S. Army Criminal Investigation Laboratory resulted in positive GSR results in suicide cases 38% of the time. The effects of time, location of body, handling of the body, weapon type, caliber, and condition of the hands on GSR results are examined. Case studies involving suicides by unit armorers are discussed.     

The different worlds of women and men: Attitudes toward pornography and responses to not a love story—A film about pornography

Men and women viewing the anti-pornography documentary Not a Love Story were surveyed about their opinions and attitudes toward pornography and toward the film. Women were found to be significantly more negative toward pornography than men, and experienced greater attitude and belief changes from the film. In addition, men's and women's attitudes toward pornography were found to differ in their factor structure; the authors infer that acceptance or rejection of pornography has different significance for men and women. Background variables such as current marriage, sex of children, and amount of pornography previously seen affected men's attitudes more than women's. The authors conclude that gender-free, ‘humanist’ standards according to which pornography could be evaluated do not exist, and that approaches to pornography control based on its role in the particular oppression of women are valid.     

Violence and Aggression in the Lives of Homeless Children

The present research examined the role of violence and aggression in the lives of children in homeless families, focusing on possible connections among family violence, children's aggression, and children's problems with social isolation and rejection. Measures were obtained from structured interviews with 93 sets of mothers and children. Consistent with past research, average estimates of specific violent incidents experienced by mothers (as adults) were quite high. Measures of this family violence were reliably correlated with children's behavior problems as well as with measures of aggression in peer relationships (victimization, ease of resolving fights with friends).Finally, results of regression analyses were most consistent with a model in which family violenceand economic distress contributed to problematic aggressive behaviors among children; that aggression, in turn, appeared to lead to social isolation and avoidance. The overall results emphasized the need to address violence and aggression in any intervention programs for homeless children and families.