Judicial Federalilsm and Equality Guarantees in State Supreme Courts

The new judicial federalism emphasizes state court relianceon state constitutional grounds for the enhanced protectionof individual rights. Commentary in the legal literature givesthe impression of much state court activism in this area. However,a quantitative analysis of 2,286 equal protection cases decidedby state supreme courts between 1975 and 1984 shows much lowerlevels of the exclusive use of state constitutions. The dataalso reveal significant regional variations in the nature ofequal protection cases filed, the types of alleged discrimination,the use of independent and adequate state grounds, and the frequencyof judicial invalidation of state action. These variations areexplored in terms of political culture, the institutional featuresof the state judiciary, and the content of state bills of rights.     

The economic analysis of public law

Law and economics in the United States and Europe focuses on private law. With the exception of work on antitrust and corporate finance, public law has been largely ignored. Yet economics is central to the understanding of social problems, such as environmental protection and occupational health and safety. Lawyer-economists need to study the relationship between government structure and policy outcomes. Economists must consider goals, such as democratic accountability and participation, which do not fit an efficiency framework.Lawyers and public officials need to recognize the social benefits of efficiency. Such legal-economic analysis can reveal failures in the way public law accommodates the practical reality of today's pressing social problems. It can also suggest solutions. In particular, economics can help with the design of substantive policies and with the analysis of government structures and process.     

Racism and sexism at work

Both racism and sexism have had the effect of handicapping selected groups in terms of salary and access to jobs, promotions, and power. However, the categories of race and gender, and the experience of racism and sexism, differ in many ways. This article reviews the differences resulting from definitions of race and gender, as well as those differences stemming from historical, legal, and demographic factors. In particular, we focused on the interactive effects of racism and sexism in the experience of women of color. We examine the assumption that affirmative action operates equivalently for all racial and gender groups, and suggest some directions for further research.     

How long after waterproofing a deck can you still isolate an ignitable liquid?

Dried, treated wood was sealed with Thompson's WaterSeal "Clear Multi-Surface Waterproofer" and exposed to outdoor, summer conditions. Sections of the sealed wood were then periodically tested and analyzed in accordance with ASTM methods. The WaterSeal contained a medium petroleum distillate (MPD) as a solvent for a wax. The treated lumber contained a background of aldehydes that could mimic a dearomatized MPD if not carefully investigated by the analyst. The MPD of the WaterSeal was detectable 14 days, but not 27 days after application with exposure to relatively hot, dry and sunny weather conditions. The test was repeated with the MPD detectable 16 days, but not 20 days after application with exposure to cooler and wetter weather conditions. The testing demonstrates the need for a thorough and complete investigation by the fire investigator and the submission of comparison samples to the laboratory.     

Child murder committed by severely mentally III mothers: an examination of mothers found not guilty by reason of insanity. 2005 Honorable Mention/Richard Rosner Award for the best paper by a fellow in forensic psychiatry or forensic psychology

Forensic hospital records of 39 severely mentally ill mothers adjudicated Not Guilty by Reason of Insanity for filicide (child murder by parents) were analyzed to describe characteristics preceding this tragedy and to suggest prevention strategies. Almost three-quarters of the mothers (72%) had previous mental health treatment. Over two thirds (69%) of the mothers were experiencing auditory hallucinations, most frequently command hallucinations, and half (49%) were depressed at the time of the offense. Over one third (38%) of the filicides occurred during pregnancy or the postpartum period, and many had a history of postpartum psychosis. Almost three-quarters (72%) of the mothers had experienced considerable developmental stressors, such as death of their own mother or incest. Maternal motives for filicide were predominantly "altruistic" (meaning murder out of love) or "acutely psychotic" (occurring in the throes of psychosis, without rational motive). Psychiatrists should perform careful risk assessments for filicide in mothers with mental illnesses.