State engagement with non-state justice: how the experience in Kyrgyzstan can reinforce the need for legitimacy in Afghanistan

Currently there is a question of whether and how Afghanistan should engage non-state councils of elders to resolve disputes. In order to harness their benefits (e.g. efficiency), control their abuses (e.g. occasional controversial resolutions), and stabilize the resolution of disputes, some have argued that formal links should be established between the state judicial system and non-state councils of elders in Afghanistan. Others argue that mere informal links between the two systems should be established. Still others suggest that prior models of state engagement in Afghanistan should be revived. In Kyrgyzstan, just 65 miles north of Afghanistan, the Tsarist, Soviet and post-Soviet administrations have used various methods to engage non-state councils of elders. Despite these vastly different attempts at controlling local dispute resolutions, elders independently resolved disputes outside of Tsarist and Soviet control and continue to resolve disputes outside of post-Soviet state control in Kyrgyzstan. This phenomenon highlights the need for legitimacy in any models of state engagement that are considered for Afghanistan. If, as observed in Kyrgyzstan, people do not use state-sanctioned local councils in Afghanistan, then their purposes may be frustrated. Therefore, in addition to reviewing the experience with state engagement in other parts of the world, policy makers in Afghanistan should also review the historical and contemporary experience with state engagement in Kyrgyzstan. As the need for legitimacy is reconsidered and applied to the design of models for Afghanistan, it may be more likely that those models will be used by more people in Afghanistan and that their purposes will be furthered.     

世界体系中的后苏联国家:欧盟新成员国、独联体成员国和中国之比较

自1989年以来,后苏联国家呈现出不同的沿革轨迹。这些国家大体上可以分为四个群体:欧盟新成员国(NMS)、独联体在欧洲的成员国、独联体在亚洲的成员国和中国。这四个国家群体对于当今世界经济政治体系的参与和依附程度各不相同。需要对它们在工业和贸易方面的能力作出界定,而这些能力对其经济的全球化和金融化产生着影响。国家群体对于世界体系的特定联系决定了其特定的经济(以及政治)能力和依附水平。通过考察它们各自不同的投资模式、贸易伙伴和金融依附情况,以及2007年以来世界金融危机造成的金融压力方面的影响,可以看到:一方面,欧盟的后苏联国家坚定地融入世界经济体系;另一方面,大型经济体(如俄罗斯和中国)有可能建立起本国的市场及网络,因而其经济自立水平要高于欧盟新成员国。存在着三种对于世界经济危机的主要反应方式:更深地融入占支配地位的世界资本主义制度、走向一个较少新自由主义色彩而较多协调主义的世界体系、形成以"对峙力量"和区域集团为标志的更加多元化的世界体系。     

Does gang membership pay? Illegal and legal earnings through emerging adulthood*

Gang membership is believed to impede success in the legitimate economic market while simultaneously supporting success in the illegal market. We extend the study of the economic effects of gang membership by using a within‐ and between‐individual analytic design, decomposing gang membership into multiple statuses (i.e., entering a gang, continuously in a gang, leaving a gang, and inactive gang membership), examining legal and illegal earnings simultaneously, and accounting for factors endogenous to gang membership that may contribute to economic achievement. By using panel data from 1,213 individuals who participated in the Pathways to Desistance Study to conduct a multilevel path analysis, we find that active gang membership status is unrelated to legal earnings. Alternatively, entering a gang is associated with increased illegal earnings, attributable to changes in delinquent peers and drug use, whereas leaving a gang has a direct relationship with decreased illegal earnings. Our results indicate that the positive economic effect of gang membership (i.e., illegal earnings and total earnings) is short‐lived and that, on balance, the sum of the gang membership experience does not “pay” in terms of overall earnings.     

Sampling Increases Music Sales: An Empirical Copyright Study

The Supreme Court instructs that the most important consideration in analyzing fair use is the effect on the market for the original. Employing music sales data, this article presents evidence of digital sampling's effect on the sales of sampled songs. Our results indicate that a reassessment of fair use in the area of music sampling is needed since sales of sampled songs increased after being repurposed within new songs. These results are robust and highly statistically significant. Findings of this nature favor a judicial determination that sampling constitutes a fair use, even when considering the influence that a new work has on extant licensing markets for sample clearance. This article argues that the current sample–licensing market is a product of aberrant antisampling case law arising from a lack of relevant empirical data and nonutilitarian judicial opinions. As set forth herein, the goal of encouraging creative activity without hindering copyright owners’ capacity to financially gain from their work is served by implementing a limited presumption of fair use for sampling. The findings are further applicable outside of the fair use analysis, as the study is important in the private law when viewed through a law and strategy lens. Forward thinking music firms should reframe their approach by encouraging sampling of their works to secure cost‐free advertising and achieve a competitive advantage.     

Activism and Radicalism in Prison: Measurement and Correlates in a Large Sample of Inmates in Texas

There is considerable speculation that prison plays a role in radicalization. Many individuals involved in acts of political extremism have spent time in prison, adding credibility to such claims. Despite these assertions, there is little empirical evidence regarding the prison-radicalization link because access to prisons is challenging and there are few valid scales of extremism. Studies that do examine a potential link have small sample sizes or select on extremist case studies. The current study draws on interviews conducted with 802 male prison inmates in Texas the week before their release to the community. Inmates were administered the Activism and Radicalism Intention Scale, one of the few validated scales in the extremism literature. A series of structural equation models revealed several important findings. First, we found that the psychometric properties of the modified two factor model of activism and radicalism intentions were largely acceptable among prison inmates, including subgroupings of Latino, white, black, and gang and non-gang-involved inmates. Second, our findings revealed that there was more activism than radicalism intentions among prison inmates, although levels of both were comparable to non-institutional populations. Activism and radicalism intentions were positively related, although this correlation was weaker than in prior studies. Activism should not be substituted for radicalism. Third, our exploratory analysis of concurrent validity identified few multivariate correlates. Group identification—namely, racial and religious groups—was related to both scales, but in opposite directions. Age was negatively, while street-to-prison gang importation was positively, related to radicalism intention. We outline the implications of these findings for research, policy, and practice on activism, radicalization, and prison.     

A Public Law View of the New Generation of FTAs

Netherlands International Law Review - This article intends to consider what the new generation of FITs might signify for our understanding of public law. Rather than modelling international public...     

Homicidal Ideation and Individuals on the Autism Spectrum

Interest in the relationship between autism and violence has increased in recent years; however, no link has clearly been established between them. Researchers remain curious if autistic people with certain traits (e.g., a history of trauma) are at greater risk of violence than those individuals with autism alone. In this article, we detail two individuals with homicidal ideation (HI) admitted to inpatient psychiatric units who were found to have a diagnosis of autism without language impairment. These cases illustrate the need for mental health providers to consider autism in their differential diagnosis when evaluating an individual with HI. Broadly, we consider how an autistic individual could be susceptible to developing HI and explore treatments specific to autistic individuals that may be helpful in such cases.     

Do homicide rates increase during weekends and national holidays?

In the UK there has been limited research examining temporal patterns of homicide. To our knowledge, no studies have linked patterns of homicide to the mental health characteristics of the perpetrator. The study examined a national consecutive case series of homicide offences committed between January 1996 and December 2015 in England. Clinical data were collected by the National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH). During this period 10,563 people committed a homicide. The offences were more likely to occur at the weekend, mostly on a Saturday. Weekend homicides were associated with: perpetrators under the age of 25, males and alcohol consumption. Homicides increased markedly on New Year’s Day, and public holidays. Those with a history of mental illness more commonly committed homicide during weekdays, suggesting a different pattern of offending. No change in pattern was found after licensing hours were extended in 2005 to allow 24-h licencing for the sale of alcohol. A public health approach should focus on educating young people on the health risks associated with alcohol, promoting responsible drinking and conflict avoidance, specifically on special events and at weekends.