COLLECTIVE ACTION IN PRISONS: PROTESTS,DISTURBANCES, AND RIOTS*

This study assesses competing explanations of inmate collective action using data from a nationwide sample of 317 adult maximum-and medium-security state prisons. Most previous studies have relied on data from only those prisons that have experienced riots. Hence, the conditions thought to cause collective outbursts may be equally present in prisons that did not experience such action. The current design allows for a comparison of riot and nonriot prisons. Additionally, this study examines the forces that generate other forms of collective action in prison, such as minor disturbances and inmate work stoppages. The results show that the variables under the administrative-control theory heading, but not the inmate-balance theory heading, help account for these events. Some consideration is given to the possibility that these two theories are complementary explanations.     

THE TRUE VALUE OF LAMBDA WOULD APPEAR TO BE ZERO: AN ESSAY ON CAREER CRIMINALS,CRIMINAL CAREERS,SELECTIVE INCAPACITATION,COHORT STUDIES,AND RELATED TOPICS*

The idea of selective incapacitation and the distinction between prevalence and incidence (participation and lambda) justify the search for a group of offenders whose criminality does not decline with age and who may be identified solely on the basis of legally relevant variables. This paper questions such research, arguing that the decline in age with crime characterizes even the most active offenders. and that the distinction between incidence and prevalence does not deserve the theoretical, research, or policy attention it has been claimed to merit (Farrington, 1985; Blumstein and Graddy, 1981–1982). In doing so, it relies on research results widely accepted in criminology. Thus, the current focus of criminological research on the “career criminal,” on selective incapacitation, and on longitudinal research remains unjustified.     

Global Climate Change and the Fragmentation of International Law

Born into the wider body of international law, the climate regime needs to be understood in light of preexisting regimes. By drawing on the current debate about fragmentation in international law, this article highlights challenges for international lawyers and policymakers in navigating the relationship between the climate regime and the biodiversity regime, and the relationship between the climate regime and the multilateral trading system. This article concludes that a narrow focus on conflicts misrepresents the multifaceted nature of climate change and precludes an adequate jurisprudential understanding of the relationship between the climate regime and other regimes. An improved understanding, particularly with respect to interactions with the biodiversity regime, requires a broadening of the debate that takes account of the institutional aspects of these relationships that may allow enhanced political cooperation and coordination. Further, international law, and in particular the emerging concept of systemic integration, has the potential to make a positive contribution to the climate‐trade interplay.     

Financial Compensation for Victims of Catastrophes: A Law and Economics Perspective

This article examines the various approaches legislators may use to compensate victims of catastrophes. Traditional law and economics of insurance literature, with respect to government relief and insurance solutions towards financial compensation, is used to analyze (highly diverging) approaches in Europe and the United States. First, the importance of liability (insurance) is discussed in cases where a liable injurer can be identified; second, the possibilities of first-party insurance are examined, whereby various regulatory solutions (particularly the French model of providing mandatory coverage for catastrophes) is critically discussed. The (first-party) insurance solution is compared with public intervention, and a distinction is made between ad hoc government relief on an ex-post basis and structural compensation funds. The solutions applied and discussed in many countries are critically analyzed for their ability to provide adequate compensation at low costs and their effects on incentives for prevention and for developing private (insurance) solutions.     

ALL OFFENDERS ARE EQUAL,BUT SOME ARE MORE EQUAL THAN OTHERS: VARIATION IN JOURNEYS TO CRIME BETWEEN OFFENDERS*

The results of this study reveal a major methodological problem with an established body of criminological literature—the journey to crime. The dominant finding of such research is that most crimes occur close to an offender's home. Consequently, journeys to crime typically display a distance-decay function that is assumed to exist between and within offenders. However, most journey-to-crime studies use nested data—individual offenders contributing multiple crime trips—yet employ analytic methods that fail to account for this property, leading to inference and aggregation concerns. In the study outlined in this article, we demonstrated the implications of using nested data for analyzing the journey to crime. We showed that once controlling for nesting, only a few (prolific) offenders display a distance decay pattern. Implications of the findings for theory and future research are discussed.     

Parties as Procedural Coalitions in Congress: An Examination of Differing Career Tracks

We examine the degree to which parties act as procedural coalitions in Congress by testing predictions from the party cartel theory (Cox and McCubbins 1993, 1994, 2002). We gain leverage on the question of party influence in Congress by focusing on three types of House members: reelection seekers, higher‐office seekers, and retiring members. We argue that retiring House members are no longer susceptible to party pressure, making them the perfect means (when compared to higher‐office seekers and reelection seekers) to determine the existence of party influence. Results from a pooled, cross‐sectional analysis of the 94th through 105th Congresses (1975–98) suggest that party influence is indeed present in Congress, especially where the party cartel theory predicts: on procedural, rather than final‐passage, votes. Moreover, we find that procedural party influence is almost exclusively the domain of the majority party. This latter finding is especially important because most prior studies have been limited to investigating interparty influence only.     

Judicial Perspectives on Family Drug Treatment Courts

Family Drug Treatment Courts are a specialized calendar or docket that operates within the juvenile dependency court. These courts provide the setting for a collaborative effort by the court and all the participants in the child protection system to come together in a non‐adversarial setting to determine the individual treatment needs of substance‐abusing parents whose children are under the jurisdiction of the dependency court. This article is intended to give judges and others a judicial perspective on FDTCs, and to offer some assistance for those who are operating or who are considering creating one.