On Giving Legal Form Its Due. A Study in Legal Theory

Abstract.  The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms, along with complementary material or other components of the units, for values realized through law.     

JUVENILITY AND PUNISHMENT: SENTENCING JUVENILES IN ADULT CRIMINAL COURT*

The study outlined in this article addressed a key limitation of prior research on the punishment of juveniles transferred to adult court by employing propensity score matching techniques to create more comparable samples of juvenile and young adult offenders. Using recent data from the Maryland State Commission on Criminal Sentencing Policy, it tested competing theoretical propositions about the salience of juvenile status in adult court. Findings indicate that even after rigorous statistical matching procedures, juvenile offenders are punished more severely than their young adult counterparts. We found no evidence that this “juvenile penalty” is exacerbated by an offender's race or gender, but it does vary starkly across offense type and mode of transfer, being driven primarily by drug crimes and discretionary waivers. The import of these findings is discussed as they relate to the future of juvenile justice policy regarding the continued use of juvenile transfer to adult court.     

REGIONAL SERVICES COUNCILS IN SOUTH AFRICA: PAST, PRESENT AND FUTURE

This article traces the evolution of local government structures in South Africa, known as Regional Service Councils (RSCs), which were created in 1985. The first section traces the history of local government in the country and how apartheid led to separate structures for different racial groups. This is followed by an account of why the National Party (NP) created RSCs, which were neo-apartheid structures, incorporating certain features of metropolitan government. The major features of Rscs are discussed and analysed. The operation of the Rscs around the country is assessed. The final section of the article looks at moves towards non-racial local government structures in the light of broader political developments in the country. The future of RSCs as well as metropolitan government generally is discussed.     

Regulatory Risk Management of Psychoactive Substances

Congress and the Drug Enforcement Administration have assigned certain psychoactive substances to one of five schedules, based on assumed or demonstrated abuse potential. Although formidable difficulties exist in assessing the hazards of drug use, some of these assignments do not appear consistent with empirical estimates. This mismatch of assignment and abuse potential -possibly due to "radical" political ideology - obscures significant differences in drug effects, and therefore stifles meaningful public participation in evaluating the benefits, risks, and proper use (if any) of available psychoactive substances.     

Reentry and Removal: Implications for Juvenile Confinement Facilities

An important national initiative in juvenile justice is Juvenile Offender Reentry (JOR). The renewed emphasis on offender reintegration has generated significant attention to juvenile justice practices, with the notable exception of juvenile confinement facilities. Juvenile detention and, to a lesser degree, juvenile corrections practitioners are involved but not invested in reentry, having made very few programmatic changes to accommodate JOR initiatives largely because these initiatives have been external to the institution and its staff. Yet, reentry is a powerful concept for juvenile facility practitioners, and the application of reentry principles could have a profound impact on daily operations. This article addresses a range of issues about investing juvenile institutions in reentry practices. Several reentry models are discussed along with their implications for daily operations and programs.     

CIVILIAN CONTROL OF THE MILITARY IN BLACK AFRICA

‘The real lesson of Liberia is that if it can happen here,in a country that has not had a coup in 133 years, it can happenanywhere on this continent and at any time.’ An American diplomat in Liberia, quoted in Newsweek, 28th April1980.