Judging the Other: The Intersection of Race,Gender, and Class in Family Court

This critical ethnographic study of family court child maltreatment proceedings describes and illuminates the ways in which racial, gender, and class disadvantages can manifest on the ground as judges, attorneys, social service workers, and parents—joined often by gender but split by race and class—adjudicate cases. The findings suggest that intersectionality worked in ways that exponentially marginalized poor mothers of color in the courtroom. They were marginalized both through the rules of the adversarial process (which silenced their voices) and through the construction of narratives (which emphasized individual weakness) over structural obstacles as well as personal irresponsibility over expressions of maternal care and concern. Standard due process courtroom practices also communicated bias or social exclusion, especially in a courtroom split by race and class.     

Innovation in the Australian legal profession

Over the next decades, advances in technology and new business practices will challenge a traditionally conservative legal profession. With a focus on the Australian legal profession, this article explores the nature of the challenges and, in particular, considers whether the challenges pose a threat of disruptive innovation. The article aims to add to understanding of how Australian law firms are responding to the challenges by drawing on empirical data that examines the drivers and inhibitors of innovation in Australian law firms, the areas where Australian legal firms are innovating, and the outcomes of their innovation. The article concludes that there is limited evidence of incumbent displacement and that, gradually, the profession is rising to the challenges.     

WHAT IF ALL THE MONEY CAME HOME?

Since its inception, the public child support program has functioned primarily as a welfare cost recovery mechanism: $2.1 billion of child support collected annually for current and former welfare families is kept by the government to repay welfare costs. However, Wisconsin research findings suggest that low-income fathers pay more support and are less likely to work in the underground economy when support payments are passed through to their children. Regular support reduces poverty and welfare use, and increases child well-being. A consensus has emerged to reform distribution rules so that more child support is paid to the families, not to the government.     

State Sovereignty and the Eleventh Amendment in the U.S. Supreme Court: The 1988 Term

During its 1988 term, the U.S. Supreme Court addressed two importantaspects of the Eleventh Amendment, which generally protectsstates from being sued in federal courts. First, the Court heldthat the Congress has power to abrogate states' immunity fromsuit—to subject states to suits in federal courts fordamages—under Congress' expansive commerce-clause power.Second, the Court made clear that such abrogation would be foundonly where the text of the statute itself, as distinct fromits legislative history, clearly and specifically so provided.This article describes these decisions, and analyzes some oftheir implications for judicial federalism.     

the impact of constitutional structures and collective and competitive veto points on income inequality in industrialized democracies

This paper presents the first systematic, empirical examination of the impact of constitutional structures on income inequality among eighteen OECD countries. Our pooled time series/cross–sectional panel analysis (n = 18, t = 2) reveals that consensual political institutions are systematically related to lower income inequalities while the reverse is true for majoritarian political institutions. We also make a crucial distinction between 'collective' and 'competitive' veto points. Our multiple regression results provide strong evidence that collective veto points depress income inequalities while competitive veto points tend to widen the inequality of incomes. Thus, some institutional veto points have constraining effects on policy while others have 'enabling' effects.     

The feasibility and utility of pretrial instruction in the substantive law

Jurors are traditionally instructed in the governing law after trial, just prior to deliberation. Several legal scholars have proposed that instructing jurorsprior to trial would better equip them to evaluate the evidence and integrate it with the law. The most controversial aspect of this position is preinstruction in thesubstantive law. Critics warn that substantive preinstruction may impair jurors' performance and that it poses unreasonable administrative problems. This research surveys the opinions of California Superior Court judges on the advantages and disadvantages of substantive preinstruction to understand the reasons that judges either do or do not preinstruct on substantive issues. The most important advantage to emerge was the potential for a substantive precharge to improve jurors' integration of facts and law. The most critical disadvantages were administrative ones: The judge does not know before trial what substantive instructions are appropriate, and the procedure may cause burdensome delays.     

Self-reported suicidal behavior and attitudes toward suicide and suicide prevention among psychology students in Ghana, Uganda, and Norway

Self-reported suicidal behavior and attitudes toward suicide in psychology students are reported and compared in Ghana, Uganda, and Norway. Small differences only were found in own suicidal behavior. However, experience of suicidal behavior in the surroundings was more common in Uganda than in Ghana and Norway. Although differences were found between the three countries in attitudes toward suicide, which emphasizes the need for culture-sensitive research and prevention, many of the differences were not as big as expected. The most pronounced difference was that the Norwegian students were more reluctant to take a stand on these questions compared to their African counterparts. Some differences were also found between the two African countries. The implications of the results for suicide prevention in Africa are discussed.     

For King,For Country: Changing “Good” Behaviour in Victoria, 1930s and 1950s

Far from being incidental, what is taught at primary school can reveal key beliefs about the world and its future held at a given period. I compare Victorian primary school curricula and reading resources of the 1930s and 1950s, attending particularly to references to war and cultural difference. I find that in the 1930s war was to be avoided by valuing cultural differences, whereas in the later decade the aim was effacement of difference through modernisation. I argue that this attitude to difference, combined with the imperialism and internationalism of the 1930s, engendered a moral form of identity in Victorian primary school children. In contrast, under the economic nationalism of the 1950s, children were taught to be good citizens taking little moral responsibility to those who were not Australian.