Crime prevention through environmental design: financial hardship, the dynamics of power, and the prospects of governance

Borrowing from Foucault (Governmentality. In G. Burchell, C. Gordon, & P. Miller (Eds.), Governmentality: The Foucault effect: Studies in governmentality (pp. 87–104). Chicago: University of Chicago Press, 1991) and Foucault and Gordon (Power-knowledge: Selected interviews and other writings, 1972–1977. Hassocks: Harvester Press, 1980) and the work of governmentality scholars in general, this paper examines Crime Prevention Through Environmental Design (CPTED) as a strategic form of governance. Using qualitative data gathered from semi-structured interviews with CPTED practitioners and supporters, I argue that the putative availability of expendable capital mediates, although does not necessarily negate, a practitioner’s ability to secure the conduct of conduct through the sharing of CPTED expertise. The importance of shifting power dynamics are examined before evaluating the data vis-à-vis contemporary scholarship in the areas of governmentality and crime and criminal justice research.     

Justice for All: Putting Victims at the Heart of Criminal Justice?

This article considers the claim in the government's White Paper, Justice for All , to put victims and witnesses at the heart of the criminal justice system and argues that there is an unresolved tension within the paper between instrumentalist crime control concerns and intrinsic concerns for the rights of victims and witnesses. It is argued that many of the proposals now contained in the latest Criminal Justice Bill are so preoccupied with rebalancing the system away from offenders that they risk doing injustice to defendants with little tangible benefit to victims and witnesses in terms of rights and remedies.     

The National Schoolmarm: No Child Left Behind and the New Educational Federalism

The 2002 No Child Left Behind (NCLB) law dramatically reshapedthe federal role in K-12 education in the United States. Theimplementation of NCLB has been difficult and contentious, butmuch of the journalistic and scholarly coverage has underestimatedthe source, strength, and stability of the political coalitionthat originally pushed for passage of the law and appears likelyto sustain federal activism in education for the long term.For much of American history, the principle of federalism exerteda powerful restraining influence on the size and character ofthe federal role in education—but that time appears tohave passed. Regardless of whether NCLB ultimately improvesschools or student achievement, the law has created a new educationalfederalism in the United States.     

Black Hats and White Hats: Authorisation of Copyright Infringement in Australia and the United States

This article explores the concept of authorisation in relationto the possible liability of manufacturers and suppliers oftechnology if, and when, their technology is used by purchasersor other users to infringe copyright. Cases over the last 30years brought by copyright owners or holders against the manufacturersand suppliers of technology which has the potential to infringecopyright are examined, as well as the differing copyright lawsin Australia and the United States relating to the authorisationof copyright infringement. The article concludes with a discussionon the current legal approaches to authorisation and on possiblefuture approaches.     

A Public Choice Analysis of Endangered Species Listings

Sizable economic consequences may resultfrom listing under the Endangered SpeciesAct (ESA). Potentially adversely affectedparties will attempt to use the politicalprocess to protect their interests. Thequestion is, “are listing determinationssubject to political manipulation?” Inthis paper, we explore empirically thepossibility that implementation of the ESAis determined, in part, by politicalconsiderations. Specifically, weinvestigate whether states with strongcongressional representation are able touse their political muscle to reduce thenumber of listings in their states, ascompared to states with weak congressionalrepresentation. Controlling for otherfactors, we find that states with greaterrepresentation on the U.S. Fish andWildlife Service’s budgetary oversightsubcommittee in the U.S. House ofRepresentatives have significantly fewerESA listings than states with weakerrepresentation on that subcommittee.