Constitutional Review in the United States and Austria: Notes on the Beginnings

Abstract.   Despite far-reaching historical and political differences, and despite legal systems that reflect altogether different traditions, the United States and Austria manifest striking similarities where some aspects of their respective development of constitutional review are concerned. For example, on the constitutional review of federalist issues (competing claims of federal and state law), the review power was there from the beginning in both countries. And both countries developed a power of constitutional review reaching to the enactments of the federal legislature. In a brief sketch of aspects of the early development of constitutional review in both countries, the author looks, in particular, to the kinds of arguments made on behalf of constitutional review in the American and Austrian legal systems.     

Female Domestic Violence Toward Male Partners: Exploring Conflict Responses and Outcomes

The general purpose of this study was to investigate domestic violence within a conflict framework. Specifically, the association between conflict-based, communication response and outcome behaviors and the frequency and severity of female domestic violence towards male partners was examined. Participants were 153 female volunteers who reported on a range of communication responses and outcomes for both self and partner. The contribution of relationship distress was controlled for and also examined as a moderator. Relationship distress was not found to be a significant moderator. Results showed that seven communication response variables and four outcome variables were significantly associated with the frequency and/or severity of female domestic violence. Relative to nonviolent relationships, relationships with female violence had more male and female unilateral verbal aggression, more mutual verbal aggression, more male verbal aggression/female calms things down, more male demand/partner withdraw, more mutual avoidance, and less constructive relative to destructive communication. Relationships with female violence also had poorer resolution of problems and more emotional distance after problem arguments and discussions than their nonviolent counterparts.     

When right results are wrong

Among the topics he has worked on are: race and ethnic relations, methods, sociolinguistics, demography, ecology, leadership, and the military-industrial complex; and he is studying first names as a way to understand changing tastes. His many publications include A Piece of the Pie: Blacks and White Immigrants since 1880and Making It Count: The Improvement of Social Research and Theory.     

Feasibility of a computerized intervention for offenders with substance use disorders: a research note

Objectives

Despite evidence that treatment is effective in reducing recidivism among inmates with substance use problems, scarce resources mean that few of those in need of treatment actually receive it. Computerized substance abuse interventions could be used to expand access to treatment in prisons without placing an undue burden on resources. The major aim of the study was to compare treatment conditions in terms of their service utilization, skills acquisition, and treatment satisfaction.

Methods

The study recruited men and women with substance use disorders from 10 prisons in 4 states. In an open label clinical trial, 494 subjects were randomly assigned either to the Experimental condition, a computerized drug treatment intervention, the Therapeutic Education System (TES; n?=?249), or to the Control condition, Standard Care (n?=?245). Chi-square tests compared groups on categorical variables and independent samples t tests were used for interval level continuous variables.

Results

Initial evidence demonstrated: (1) comparable group rates of session attendance and high rates of TES module completion for experimental subjects; (2) comparable group gains in the development of coping skills; and (3) a more favorable view of TES than of Standard Care.

Conclusions

Collectively, these results show that a computerized intervention, such as TES, can be implemented successfully in prison. Given the barriers to the delivery of substance abuse treatment typically encountered in correctional settings, computerized interventions have the potential to fill a significant treatment gap and are particularly well suited to inmates with mild to moderate substance use disorders who often are not treated.     

Silk dresses and lavender kid gloves: the wayward career of Jessie Craigen,working suffragist

Abstract

Occasional references to Jessie Craigen occur in the literature on the nineteenth-century women's suffrage movement, generally emphasizing her importance as a working-class suffragist. Previously unknown material throws more light on her career, revealing the eddies of love and exasperation which flowed around her. This paper discusses the various representations of Jessie Craigen to be found in letters among her friends, representations which served to paint her – sometimes warmly, sometimes dismissively – as odd, eccentric, undisciplined. It also examines the more positive sense of herself which she attempted to convey in letters to several of her middle-class promoters – as a romantic authentic in the grip of unbrookable, passionate conviction. Her story confirms the existence of a current of radical-liberal opinion within the nineteenth-century women's movement, and the difficulties which confronted those who found themselves among its paid employees     

Whose body is it anyway? Human cells and the strange effects of property and intellectual property law

Whatever else I might own in this world, it would seem intuitively obvious that I own the cells of my body. Where else could the notion of ownership begin, other than with the components of the tangible corpus that all would recognize as "me"? The law, however, does not view the issue so neatly and clearly, particularly when cells are no longer in my body. As so often happens in law, we have reached this point, not by design, but by the piecemeal development of disparate notions that, when gathered together, form a strange and disconcerting picture. This Article examines both property and intellectual property doctrines in relation to human cells that are no longer within the body. In particular, the Article discusses the Bilski decision, in the context of life science process patents, and the Molecular Pathology case, in the context of gene patents. For patent law, the Article concludes that the problem lies not with the fact that genes constitute patentable subject matter, but rather with the extent of the rights that are granted. For both property and intellectual property law, the Article concludes that a more careful application of basic legal principles would better reflect the interests of society as a whole and the interests of individual human subjects, as well as the interests of those who innovate.