State Constitutions, Freedom of Expression, and Search and Seizure: Prospects for State Court Reincarnation

This article examines the decisions of ten state high courtsin the areas of access to private property for expressive purposesand exclusion of the fruits of illegal searches and seizures.The analysis centers on two questions. First, are some statesrelying on their own constitutions to resolve individual rightsissues while other continue to follow the United States SupremeCourts interpretation of the federal Constitution? Second, havethe states that do rely on their own constitutions to resolveindividual rights issues developed an independently based stateconstitutional jurisprudence, or have they simply attemptedto circumvent decisions of the Burger Court? The authors findlittle evidence that the state high courts examined here havebegun, as yet, to develop an independent approach to state constitutionalanalysis.     

DNA Analysis and Document Examination: The Impact of Each Technique on Respective Analyses

Threatening letters, counterfeit documents, and anonymous notes can commonly be encountered in criminal situations. Such handwritten documents may encourage DNA to transfer from the writer's hands and lower arms when these areas come into contact with the document. As any DNA transferred is likely to be at a low level, sensitive low copy number (LCN) DNA analysis can be employed for testing document exhibits. In this study, we determine locations on the document that are most commonly touched during writing and handling and compare DNA recovery from these sites. We describe the impact of DNA sampling on subsequent document examination techniques including the ESDA^® and likewise the effect of the ESDA^® and two other document examination techniques on subsequent DNA analysis. The findings from this study suggest that DNA results can be obtained through targeted sampling of document evidence, but that care is required when ordering these examination strategies.     

Pacific Perspectives: Fa’afafine and Fakaleiti in Samoa and Tonga: People Between Worlds

The law is full of labels which serve to define the concept, person or principle under consideration. These labels have their uses but can also create straight-jackets when applied in different social and cultural environments. This paper considers some of the challenges posed by groups of people in the Pacific countries of Samoa and Tonga. A variety of labels may be used to describe such people: transgender; gender-liminal; transvestite; gay, but none fully encompass what it is to be fa’afafine or fakaleiti. These individuals are both integrated and marginalised in their island countries and among the Polynesian Diaspora. They have a place in customary society, but are also influenced by the more global contemporary picture. They are therefore part of tradition but also symbols of change. The legal environment in which they lived is shaped by colonialism but there are also neo-colonial forces at work which threaten and shape their identity. In many respects therefore, they find themselves between two worlds: gender enlightened and gender repressed.     

Education and Career Satisfaction: Examining the Specifics of the Relationship Among Criminal Justice Graduates

Several studies have considered the source of job satisfaction across different types of criminal justice professionals. This article identifies factors related to job satisfaction among graduates from a criminal justice program. The authors use a sample of 236 criminal justice graduates to explore the role of education in reports of career satisfaction. Findings indicate that graduates who felt they received adequate training in the social sciences were more likely to report satisfaction with their careers. Perceptions of preparation for careers/graduate study also were related to job satisfaction. Perceptions of course availability and independent studies/research opportunities also played a role. Implications are provided.     

Does the longer tenure of local government heads affect the performance of local governments? The Korean case

The relationship between the length of tenure of elected heads of local governments (HOLG) and performance of local governments remains ambiguous, with few empirical studies on it. Korea presents a compelling case in that it has limited HOLG to serve only three consecutive terms based on the untested belief that longer tenures have a negative effect on local governments. To address these gaps, this study applies the fixed effect panel model, using the Korean government data from 2008 to 2014. Our findings reveal a negative relationship between tenure length and efficiency, particularly among local governments demonstrating a low level of efficiency. The relationship between the length of tenure and integrity is also negative, especially among local governments with low levels of integrity. However, given that these relationships disappear when factors specific to local governments are controlled, our findings should be interpreted cautiously.     

Parties,personalities and political power: legacies of liberal peace-building in Timor-Leste

This article examines the tension between liberal peace-building and local political culture through the lens of party and personality politics in Timor-Leste. It argues that the efforts of the UN peacekeeping mission to promote multi-party democracy cut across the interests of two opposing political forces: the charismatic resistance leader, Xanana Gusmão, who was deeply suspicious of party politics and favoured supra-partisan coalitions; and the dominant political party, FRETILIN, which pursued majoritarian power. Over the 16 years since independence, FRETILIN maintained a strong party identity and the governments it led met strenuous opposition and came to a premature end, while the Gusmão-led or -backed governments formed and survived as pragmatic tactical alliances. The article concludes that although the UN peacekeeping mission guided institutional design to favour political party organisation as the foundation for achieving representational government, the institutions have subsequently evolved in response to local political drivers. While outside actors can seek to influence the formal rules of the game, local political culture will determine how the game is played.     

Populistische Demokratiekonzeptionen und die Wahl der AfD: Evidenz aus einer Panelstudie

This contribution studies the effect of populist conceptions of democracy on voting for populist parties drawing on the case of the “Alternative für Deutschland” (AfD). Building on dominant definitions of populism, we conceptualize a populist orientation towards democracy via three elements–the privilege of the majority will over minority rights, the demand for absolute responsiveness from representatives to the majority will and negative views of political pluralism–and propose a corresponding measurement model. Our empirical analysis shows that such populist conceptions of democracy are particularly strong among AfD supporters. Moreover, they exhibit significant and substantial effects on voting intentions for the AfD in multivariate analyses and, leveraging the panel structure of the data, are able to predict changes in party preferences towards the AfD over time.     

Does Everyone’s Motivational Beliefs about Physical Science Decline in Secondary School?: Heterogeneity of Adolescents’ Achievement Motivation Trajectories in Physics and Chemistry

Students’ motivational beliefs about learning physical science are critical for achieving positive educational outcomes. In this study, we incorporated expectancy-value theory to capture the heterogeneity of adolescents’ motivational trajectories in physics and chemistry from seventh to twelfth grade and linked these trajectories to science-related outcomes. We used a cross-sequential design based on three different cohorts of adolescents (N?=?699; 51.5?% female; 95?% European American; M _ages for youngest, middle, and oldest cohorts at the first wave?=?13.2, 14.1, and 15.3 years) coming from ten public secondary schools. Although many studies claim that physical science motivation declines on average over time, we identified seven differential motivational trajectories of ability self-concept and task values, and found associations of these trajectories with science achievement, advanced science course taking, and science career aspirations. Adolescents’ ability self-concept and task values in physics and chemistry were also positively related and interlinked over time. Examining how students’ motivational beliefs about physical science develop in secondary school offers insight into the capacity of different groups of students to successfully adapt to their changing educational environments.