A Judicial Abandonment of Blacks? Rethinking the “State Action” Cases of the Waite Court

This article reconsiders the conventional wisdom that the Supreme Court definitively abandoned the freedmen to their former masters through the "state action" decisions of the 1870s and 1880s. Arguing that anachronisms distort our understanding of this critical period, I offer an historical institutional analysis of state action doctrine by recovering the legal categories, assumptions, and distinctions that constituted judicial discourse about the state action rule. Showing that federal power to protect blacks was more intact than scholars realize, I also add a perspective from the sociology of knowledge. By examining a series of modern developments that erased the contexts of the state action decisions, I show how institutional practices gave rise to the anachronisms that this article seeks to correct.     

When the State Takes Over a Life: The Public Guardian as Public Administrator

Public guardians are appointed by the state to meet the needs of incapacitated citizens when no other willing or responsible surrogate decision maker exists. These public administrators, who live the decisional life of another citizen, need meaningful controls and accountability because of the great private and public authority that is entrusted to them. A review of program documents, interviews with public guardians and their program supervisors, and participant observations revealed complex roles for the public guardian: service monitor, service broker, client advocate, surrogate decision maker, and relationship architect. Because of the multiplicity of roles and few controls on their actions, public guardians' accountability should first be drawn from mechanical mechanisms (for instance, thorough audits and sanctions for infractions), but a second and necessary control is the principles of public administration, which are grounded in normative values and democratic governance.     

TRANSITION OR NOT?

The article focuses on a quantitative evaluation of Families In Transition (FIT), a court-mandated divorce education program. In this evaluation, the operationalization of the impact of FIT on its participants is guided by a social psychology theory. Findings indicate that parents view FIT as a valuable experience, and they gain in their attitude toward and likelihood to engage in child-centered divorce adjustment behaviors from pre- to post-FIT. Factors are highlighted, such as counseling and conflict status of the parents that affect the degree of influence of FIT. Implications for evaluations of these programs and for the structure of these programs are discussed.     

ONE PRESIDENT,ONE FIRST LADY AND ONE GREAT WALL

正The Great Wall was at the top of my must-see list on my first trip to China as a tourist in May 2014. Over the past seven years, this wondrous engineering miracle and historical landmark has become my most frequently visited treasure on China's long list of UNESCO World Heritage sites.     

The Presumption of Innocence and its Role in the Criminal Process

Many international instruments proclaim that those who face criminal prosecution ought to be afforded a ‘presumption of innocence’, and the importance and central role of this presumption is recognized by legal systems throughout the world. There is, however, little agreement about its meaning and extent of application. This article considers the purposes of legal presumptions in general and explores various, sometimes contradictory, conceptions of this most famous one. It is equated by many scholars to the requirement that the prosecution prove guilt beyond a reasonable doubt. As such, it is merely a rule of evidence (albeit an important one), with no application pre- or post-trial. The article advocates adoption of a broader, normative approach, namely that the presumption reflects the relationship which ought to exist between citizen and State when a citizen is suspected of breaching the criminal law. As such, it should be promoted as a practical attitude to be adopted by the key protagonists in the justice system, for the duration of the criminal process.     

<Emphasis Type="Italic">Forum Internum</Emphasis> Revisited: Considering the Absolute Core of Freedom of Belief and Opinion in Terms of Negative Liberty,Authenticity, and Capability

Human rights theory generally conceptualizes freedom of thought, conscience, religion, and belief as well as freedom of opinion and expression, as offering absolute protection in what is called the forum internum. At a minimum, this is taken to mean the right to maintain thoughts in one’s own mind, whatever they may be and independently of how others may feel about them. However, if we adopt this stance, it seems to imply that there exists an absolute right to hold psychotic delusions. This article takes the position that this conclusion is ethically problematic from the perspective of psychiatric treatment and the rights of persons with psychosis. The article reflects on this particular challenge and sets forth an understanding of freedom in the forum internum that might apply to situations where for various reasons it is not, necessarily accurate to maintain that persons have an absolute right to their own thoughts. For the purpose of proposing such an understanding, the article engages with current debates within human rights theory and political philosophy and analyzes discussions about psychotic delusions and the way in which involuntary treatment is justified. Based on this analysis, this article in turn conceptualizes freedom in the forum internum as ‘negative liberty’, ‘authenticity’, and ‘capability’. This article suggests that when forum internum is redefined as encompassing a right to certain internal capabilities, the right remains meaningful for persons with psychotic delusions as well.     

School-Based Violent Victimization in Turkey: An Examination of the Cross-National Generality of Lifestyle-Routine Activities and Self-Control Theories

ABSTRACT

The authors examined victimization among Turkish school students as a function of individual lifestyles and routine activities, perceived school guardianship/control, and low self-control. In doing so, they aimed to provide a much-needed explanatory test of school victimization in Turkey while also offering an important test of the cross-cultural generalizability of self-control and opportunity-based theories of victimization. Logistic regression models of violent victimization were estimated using a subsample of over 900 Turkish school students. Regression coefficients were estimated for 20 datasets generated through a multivariate sequential imputation technique, with results then pooled. Lifestyle measures associated with school-based victimization included in-school delinquency, delinquent self-cutting, gang membership, and number of gang friends. Perceived school guardianship/control was also related to victimization, as was low self-control. The authors found little evidence that the effects of low self-control were mediated or moderated by lifestyle characteristics or perceived school security. Findings suggest that the propositions of lifestyle-routine activities and self-control theories regarding victimization risk can largely be generalized to Turkish high school students. Findings imply that school-based victimization prevention in Turkey should target individual-level criminogenic traits and lifestyles as well as risky environmental school characteristics.     

Cindy Sherman in a New Millennium: Fashion,Feminism, Art and Ageing

ABSTRACT

If feminism and the fashion industry were once seen as adversaries, given how the strictures of Simone de Beauvoir in The Second Sex (1949) permeated so much of second wave feminism, a consideration of ‘fashion’ is now central to contemporary feminist scholarship. But just as the earlier critique of fashion seemed finally to have been supplanted, certain basic arguments around dress and makeup nevertheless resurfaced within contemporary feminism. The current neoliberal climate has led to the ever-increasing consumption of ‘fashionable’ goods, provoking unease and encouraging the contested ‘protectionist discourse’ within feminism to shield young women from just such excesses. Meanwhile, the fashion world itself, arguably more powerful than ever, has across the last twenty years continued a process of legitimising itself through its various modes of alliance with the art world; it has even hijacked elements of feminist practice in the pursuit of publicity. This article suggests that the fashion industry and contemporary feminism are nonetheless alike in one significant respect: neither have properly engaged with the needs of an ageing population. It is an omission that this article will seek to examine through a discussion of the recent ‘portraits‘ of Cindy Sherman, an artist of great interest to feminist scholars, in whose earlier work there was a discernible ‘anti-fashion’ element. Now ‘fashionable’ herself, a leading figure in the global art world, she has collaborated with the fashion industry in rather different ways. Her ‘portraits’ of 2012, in which she reconfigured herself as imaginary Manhattan socialites in or beyond middle age, and a later series, exhibited in 2016, where she appears as a series of ageing, anonymous ‘movie stars’, reveal more general ideological tensions surrounding the representation of women, the ageing process and the fashionable ideal. It is the dissection of these tensions that underpin this article, for while Sherman’s work has been the subject of academic debate across a forty year period, her use and critique of the ‘fashionable ‘ image has not been examined alongside an exploration of the expanding activities of the fashion industry itself; nor have her recent images of ageing women been examined within this more general context.