GRANDPARENT VISITATION RIGHTS

In recent years, legislators in all fifty states have given grandparents rights to petition for visitation privileges with grandchildren that can be enforced over parental objections. Grandparent visitation rights reflect an effort to protect meaningful relationships children enjoy with nonparental caregivers, enlist the assistance of extended family when the child's nuclear family is disrupted, and defend the interests of grandparents themselves. This psycholegal analysis explores the direct and indirect consequences of grandparent visitation statutes for family functioning. Statutory provisions are summarized, and the effects of these statutes are evaluated in light of what is known about the role of grandparents in child development, how courts evaluate children's "best interests" in grandparent visitation disputes, and how these statutes can alter family functioning in informal ways. The authors conclude that there are risks as well as benefits to children and families in grandparent visitation statutes, and suggest directions for procedural and statutory reform.     

Irrelevance of the soft budget constraint for the shortage phenomenon

Kornai's thesis that shortage results from demand expansions bred by the soft budget constraint, derives from his implicit assumption that price regimes of input and output firms are different. Since any firm is both an input and an output firm, which discards the assumption as logically untenable, excess demand can only turn up because of lower than contracted inputs of labor and management that are not offset by an adequate downward adjustment of earnings. Expansions of demand that appear to be autonomous, are incited by uncertain deliveries of inputs, that is, by inefficiency (of output firms) as well. A by far the largest part of excess demand can be explained by state preferences for fast growth. As planners are more successful in generating investment, and the ensuing consumer, demand than in expanding production, shortage is inevitable regardless of the character of the firms' budget constraints.     

Quantitative analysis of chlorpromazine by electron spin resonance (ESR) spectroscopy

A simple and sensitive method is described for quantitative analysis of chlorpromazine in blood, serum, urine and tissue homogenate. The chlorpromazine cation radical produced by adding perchloric acid and 2,3-dichloro-5,6-dicyano-p-benzoquinone to the sample can be detected by the ESR method at room temperature. The sensitivity limit is 10 ng, that is, 20 μl of the solution containing 0.5 μg chlorpromazine/ml. The time needed for the measurement is within 10 min. The chlorpromazine radical thus produced is very stable; for example, 95% of the radical was observed after 24 h. The advantage of this method is discussed by comparing with the ordinary spectrophotometry which requires the purification of the sample.     

Poppy seed ingestion as a contributing factor to opiate-positive urinalysis results: the Pacific perspective.

The possible contribution of poppy seed foods to positive opiate urinalysis results, especially from foods available in the Pacific Rim area, has recently become an issue for the U.S. Army Forensic Toxicology Drug Testing Laboratory in Hawaii. To assess the likelihood of this possible contribution, seven different poppy seed food products were consumed by male and female volunteers, and urine specimens were collected at time increments up to either 24 or 72 h. Specimens were evaluated for opiates using Roche Abuscreen radioimmunoassay (RIA), and all RIA positive specimens were analyzed for morphine and codeine using gas chromatography/mass spectrometry (GC-MS). Poppy seed cake, bagels, muffins, and rolls did not contain sufficient quantities of poppy seeds to give rise to opiate positive specimens by U.S. Department of Defense (DOD) GC-MS cutoff levels (morphine = 4000 ng/mL, codeine = 2000 ng/mL), although a number of specimens were positive by National Institute on Drug Abuse (NIDA) cutoff levels (morphine and codeine = 300 ng/mL). However, ingestion of poppy seed streusel or Danish pastry led to confirmed morphine and codeine positive specimens, irrespective of the use of DOD or NIDA confirmation cutoff values. In addition, significant amounts of codeine were observed in a number of these specimens. These findings argue against the unqualified application of previously published quantitative guidelines for eliminating poppy seed ingestion as a possible cause for a positive opiate urinalysis result.     

Sub-Constitutional Engineering: Negotiation, Content, and Legal Value of Interinstitutional Agreements in the EU

Abstract:  This article analyses the roles and impact of Interinstitutional Agreements (IIAs) in the EU, taking into account their relationship to primary law. Concretely speaking, these roles range from (a) explicitly authorised specifications of Treaty provisions via (b) not explicitly authorised specifications of vague Treaty law to (c) pure political undertaking. Based on the distinction between the constitutional and the operational level of the political game, we challenge the assumption that IIAs usually strengthen the European Parliament. As our case study, the 1993 interrelated package of IIAs on democracy, transparency and subsidiarity, illustrates, the European Parliament is not the only institution that benefits from IIAs, especially if they lack a sufficiently precise Treaty basis. Furthermore, if Treaty provisions underlying IIAs are precise, they also tend to produce precise and thus legally relevant content. Conversely, if IIAs deal primarily with elusive concepts they are likely to be legally ambiguous or even irrelevant at all.     

DEVELOPMENTAL AND LIFE‐COURSE CRIMINOLOGY: KEY THEORETICAL AND EMPIRICAL ISSUES‐THE 2002 SUTHERLAND AWARD ADDRESS*

The main aim of this paper is to advance knowledge and (especially) theories about developmental and life‐course criminology (DLC). First, I review the widely accepted DLC findings that all DLC theories have been designed to explain. Second, I review more contentious and unresolved empirical DLC issues that might present challenges to DLC theories. Third, I describe my own DLC theory and specify how it addresses key empirical and theoretical questions. Fourth, I summarize five important DLC theories, by Catalano and Hawkins, Sampson and Laub, Moffitt, LeBlanc, and Thornberry and Krohn. Fifth, I identify differences in assumptions and predictions between my theory and the other five theories. Finally, I recommend a detailed comparison of the key features of all DLC theories, of their answers to key empirical and theoretical questions, and of their predictions regarding key unresolved empirical DLC issues.     

SCHOOLS AS COMMUNITIES: THE RELATIONSHIPS AMONG COMMUNAL SCHOOL ORGANIZATION,STUDENT BONDING,AND SCHOOL DISORDER*

Research has indicated that school factors such as communal school organization and student bonding are predictive of school disorder, with greater communal organization and greater student bonding leading to less delinquency and victimization. Data from a nationally representative sample of 254 public, nonalternative, secondary schools were used to examine structural equation models representing hypothesized relationships among communal school organization, student bonding, and school disorder. The hypothesis that communally organized schools would have less disorder held true for teacher victimization and student delinquency, but not for student victimization. In addition, the hypothesis that the relationship between communal school organization and school disorder would be mediated by student bonding was supported for student delinquency, but not for teacher victimization.