Amartya K. Sen and social exclusion

Andries Du Toit (2004) argues that the concept of social exclusion has limited use in the field of development studies, since chronic poverty is often the result of incorporation on particularly disadvantageous terms (‘adverse incorporation’) rather than any process of exclusion. Du Toit therefore advocates going beyond thinking about ‘exclusion’ and ‘inclusion’ in binary terms and looking more closely at how different kinds of power are formed and maintained. This article argues that thinking about social exclusion has already moved beyond a simple ‘included/excluded’ dichotomy, and that use of Sen's analytical framework assists researchers to tease out the complex, interconnected factors underlying chronic poverty, such as that experienced by agricultural workers in South Africa's Western Cape district of Ceres.     

The Foreign Intelligence Surveillance Act of 1978: The Role of Symbolic Politics

Since 1978, the Foreign Intelligence Surveillance Act (FISA) has governed United States intelligence gathering for national security purposes. Enacted in response to the Watergate–era civil rights violations and revelations of a Senate investigation headed by Senator Frank Church that other presidential administrations had authorized similar warrantless surveillance, FISA established a statutory framework for national security surveillance. Understanding FISA contributes to the study of criminal justice policymaking because law enforcement and intelligence communities view it as an important tool for combatting espionage and terrorism. This article examines the enactment of FISA from the perspective of symbolic politics.     

Liability for Damage to Public Natural Resources: Standing,Damage and Damage Assessment

Netherlands International Law Review -     

China and the 1995 United Nations conference on women

This study looks at the ways in which China's hosting of the 1995 United Nations Conference on Women failed to improve China's international prestige. China made enormous commitments of resources to the meetings. However, China did not benefit because of its own internal policies, because of a series of political events that, in conjunction with media coverage, created a critical environment, and because of the deteriorating relationship between China and the US.     

Sexual Abuse, Trauma and Dementia in the Elderly: A Retrospective Study of 284 Cases

The study objective was to compare elders with a dementia with those without a dementia as to method of disclosure of sexual abuse, forensic markers of sexual abuse and legal outcome of cases. A convenience sample was obtained of 284 forensic cases known to a multidisciplinary group of professionals who investigated, examined or consulted on elder sexual abuse victims. The Comprehensive Sexual Assault Assessment (CSAAT) was used to enter data from case files. 60 percent of the 284 elders were diagnosed with some degree of dementia. Elders with dementia, compared to those without a diagnosis, were abused more often by persons known to them (family member, caregiver or another nursing home resident) than a stranger, presented behavior cues of distress rather than verbal disclosures, were easily confused and verbally manipulated, and were beaten. Suspects who were identified whom abused elders with dementia had less chance of being arrested, indicted or plea bargained. All reported suspected cases of elder sexual abuse need a complete physical examination as well as a sexual assault evidence kit. Patterns of verbal, behavioral or physical changes of elders can be used to support an allegation of sexual assault.     

INITIAL DEVELOPMENT OF A PSYCHOLOGICAL MODEL FOR JUDICIAL DECISION MAKING IN CONTINUING RESTRAINING ORDERS

Probate and family court judges are increasingly called upon to make rapid decisions regarding the continuance of restraining orders. These decisions are often made without the benefit of adequate background information or an awareness of which psychological and behavioral factors are most relevant. This action‐oriented research project develops a model that brings psychosocial factors to consideration for judges making decisions regarding the continuance of restraining orders. While further evaluation of the model is needed, the project's unique methodology highlights the value of interdisciplinary collaboration, multiple methods of inquiry, and the consideration of real‐world needs and constraints in developing decision‐making tools.