Understanding the Judicial Role in Addressing Gender Bias: A View from the Eighth Circuit Federal Court System

The role of trial judges in the litigation process is frequently debated. Are judges to be dispassionate adjudicators, disengaged referees in a sport in which attorneys compete? Or are they charged with a more active role in promoting the substance, form, and process of justice? In the present paper, we explore the judicial role in addressing gender bias in federal litigation, using data gathered for the Eighth Circuit Gender Fairness Task Force. The federal judges of this circuit were surveyed about their experiences, observations, and opinions of gender-biased conduct. Results indicated that although judges viewed judicial intervention as an appropriate response to gender bias, they had little personal experience with intervention in such a situation. Fur thermore, when specific hypothetical scenarios were presented, they generally agreed that the described conduct was inappropriate but offered little consensus regarding the best course of action for an attorney or judge confronted with such behavior. The Eighth Circuit data thus provide the basis for expanded understanding of the conduct at issue, the options for action in response, and the persistent discrepancy in viewpoints on gender bias and the judicial role.     

Prosecuting assaultive psychiatric patients.

For many reasons, inpatient psychiatric units are increasingly faced with treatment and management of violent individuals. This fosters a need to consider potential institutional responses to patient violence. This paper focuses on one response--prosecution of these persons. The existing literature on this topic is reviewed. In addition, the case history of a difficult but successful prosecution of an assaultive patient is presented. This case highlighted the development of guidelines, which are outlined herein, for determining the appropriateness of seeking legal action against patients. The paper concludes with an assessment of the benefits and risks associated with patient prosecution.     

Action research: A model for organizational learning

Traditionally, social research has relied on systematic methods to control variation in the collection of data in order to validate relationships observed among the social phenomena under study. Ironically, many critical problems in the actual operation of public organizations are not amenable to such rigorous controls. An alternative mode of analysis, action research, may prove more useful since it takes into account the dynamic nature of organizations, emphasizing the production of valid information, the element of Fee and informed choice by organization members, and the goal of engendering commitment to action by those involved. Simulated operations designed to enhance the performance of public agencies in unforeseen emergencies provide a setting in which to evaluate the effectiveness of action research as a tool for organizational problem-solving.     

Books in review

Down and Out in America: The Origins of Homelessness.     

Women and sport: A lost ideal

In their analyses of capitalism and patriarchy, socialists and feminists have tended not to view sport as a legitimate area for sustained study. Socialists have often been content to view sport as a peripheral and unimportant feature of a world order dominated by capitalist social relations and economic contradictions, or have viewed sport as essentially a cultural reflection of the material sphere.Similarly, feminists have focussed their attention on the primary loci of work, family and sexuality, thereby unconsciously reinforcing the patriarchal concept of sport as masculine. In this analysis we briefly outline women's involvement in the recent Olympics and assess competing strategies for overcoming women's subordination in the arena of sport.     

‘It's easier that you're a girl and that you're Asian’: interactions of ‘race’ and gender between researchers and participants

This article is concerned with the ways in which ‘race’ and gender interact between interviewers and participants within the research process and the implications of differences/similarities between researcher and participants for feminist research and analysis. The paper discusses issues of power and representation within a research project conducted by the white female author and two Asian female interviewers with 64 British Muslim young men and women. Based on analysis of discussion group data, it is argued that ‘race’ and gender interact between researchers and participants in highly complex and unpredictable ways to produce particular accounts, but comparative analysis of accounts produced with different interviewers can help reveal ‘hidden’ structures of power within the texts.     

Rethinking Security: Organizational Fragility in Extreme Events

Providing public security is a fundamental function of government. As the class and degree of threat vary, government agencies must adapt to changing conditions or risk failing their basic mission. The events of September 11, 2001, illustrated the limits of governmental performance in identifying and interrupting actions intended to harm innocent citizens. These events are examined against the resources, range, and limits of governmental capacity to adapt to the emerging threat of terrorism, and an alternative perspective on administrative performance as a complex adaptive system is proposed. This perspective redefines the search for public security as a dynamic process that balances mechanisms of control with processes of information search, exchange, and feedback among public, private, and nonprofit organizations and is supported by a well–designed information infrastructure. The article concludes that the search for public security is an interactive learning process that, while guided by public organizations, must involve responsible participation by private and nonprofit organizations as well as an informed citizenry.     

Cocaine and homicide in Memphis and Shelby county: an epidemic of violence

In Memphis and the surrounding county, there were a record number of homicides (179) in 1986. During the same year, there was a marked increase in medical examiner cases where tests were positive for cocaine or its metabolites. Review of medical examiner and toxicology records from 1980 to 1986 found 87 cocaine related deaths; 46 of these were homicides. In 1986 alone, there were 53 cocaine related deaths, all manners, and 31 cocaine related homicides. In this year, 17.3% of the homicides were positive for cocaine or metabolite. The cocaine related homicides were similar to other homicides in terms of age, race, sex, blood ethanol concentration, and cause of death being due most often to firearms. In homicide cases in which an abuse drug was detected, cocaine accounted for the entire increase in 1986. Police records indicated that cocaine directly contributed to the homicide in 39% of the cases in which the drug was found. In other cases, we speculate that cocaine altered behavior may have contributed to the victim's being murdered either during the drug "high" or during the posteuphoric depression or withdrawal phase.