Gran Torino

Given the current constellation of fiscal, moral, and logistical problems facing its corrections industry, the USA is on the cusp of a widespread penal reform movement. For the past 200-plus years, each US penal reform that intended to diminish penal practices resulted in widening the reach and deepening the roots of the nation’s punishment system. The question asked here is: is the restorative justice movement in the USA headed the way of past benevolent penal reforms? A new type of social movement: the regressive social movement model is presented. Three past benevolent penal reforms – the penitentiary, the adult reformatory movement, and parole are dissected in order to formulate a regressive reform profile and tested against the restorative justice movement. Field research finds that a repeat performance of regressive reform is in progress. In each of the eight restorative justice movement, variables demonstrate characteristics evident in past benevolent penal campaigns, resulting in a redirection of the campaign’s course.     

Beliefs about child witnesses: A survey of professionals

This research addressed how professionals involved with the legal system evaluate children, primarily between 4 and 8 years old, as witnesses. In particular, we focused on professionals’ beliefs and opinions regarding children's memory, suggestibility, and behaviors as they relate to witness credibility. In addition, we surveyed professionals’ evaluations of investigative methods related to reliability. Four hundred and seventy-eight professionals working with children in the Norwegian legal system (i.e. judges, police detectives, psychologists, child psychiatrists, prosecutors, and defense attorneys) completed a questionnaire about child witness issues. Results indicated that psychiatrists as well as police officers expressed greater belief in children's capacities than did other groups, whereas defense attorneys and psychologists were more skeptical regarding children's general credibility. Psychiatrists and psychologists both, however, tended to favor, more than did legal professionals, the use of clinical techniques with children in abuse investigations. Implications are discussed in relation to professionals’ attitudes toward children as witnesses.     

Here we go round the review-go-round: Rape investigation and prosecution—are things getting worse not better?

Abstract

Despite numerous reviews, reports and commissions of inquiry, the investigation and prosecution of rape cases remains fraught. Victims are still ambivalent about reporting incidents of sexual violence, while those who do often struggle to be believed and have their cases progress through justice systems. This paper explores some of the reasons why promised reforms materialise so rarely into tangible benefits for the majority of rape complainants, and focuses on six areas: reporting, attrition, adversarial justice systems, victim support, specialisation and attitudes. These are canvassed with particular reference to examples from England and New Zealand demonstrating the barriers to substantive reform and the ways in which gender inequalities and patriarchal beliefs continue to impact upon both the prevalence of sexual violence as well as state responses to its occurrence. The paper contains a cautionary message regarding the potential dangers involved in accepting the rhetoric of reform while the underlying realities remain little changed.     

人权法语境下的气候变化损害责任:虚幻或现实

由人类活动导致的气候变化不仅影响全球生态系统,而且对包括生命权、健康权、财产权在内的各项基本人权的享有和实现构成了严重威胁.在现行多边气候变化体制缺乏损害责任承担机制的情况下,人权法语境下的气候变化损害责任开始进入国际社会的视野.尽管环境损害的人权法救济在实践中已获得了各人权机构的广泛支持,但由于气候变化损害的跨界性和累积性特点,与之相关的人权法责任之构建仍将面临难以逾越的障碍.不过,即便气候变化损害的人权法责任在目前不具有现实可行性,气候变化与人权的挂钩对于多边气候变化体制的发展仍具有积极意义.     

马萨诸塞州诉美国联邦环保局案的述评

马萨诸塞州诉美国联邦环保局案是美国第一件具有里程碑意义的气候变化公益诉讼案件,该案体现了美国各州和民间力量通过公民诉讼方式促进政府采取温室气体减排行动的艰巨努力。该案从联邦上诉法院一审到联邦最高法院再审,始终存在较大争议,其中关于原告诉讼资格的争议更是人声鼎沸。在联邦最高法院判决中,原告仅以微弱优势胜诉。尽管关于原告胜诉的理由仍有颇多争议,但该案在明确温室气体属于《清洁空气法》的调整范围、拓展气候变化公民诉讼原告的诉讼资格以及确立公民诉讼可以促进政府采取减排行动等方面,都具有非常积极的意义。     

Italy's Mediterranean role

ABSTRACT

Three main drivers underlie states’ intent to expand gas supply: energy security, geopolitics and climate goals. Such considerations also drive Greece’s expansive gas policy, but come with significant caveats. First, pipeline politics entails geopolitical costs and inflated anticipated gains. Second, while gas supply has yielded energy security for Greece, its cost-effectiveness is contentious. Third, the gas option obscures the transition to smart, clean energy sources and systems. A rational actor model within a rationalist-weak cognitivist framework can account for Greece’s gas policy. Yet, its limited success points to the need for a clean energy policy promising higher climate, energy and geopolitical gains.     

The Geography of U.S. Terrorist Incidents, 1970–2004

This paper describes the spatio-temporal trends in terrorist incidents in the United States, from 1970 through 2004. Utilizing the Global Terrorism Database (GTD) and ancillary data, we examine both the frequency of incidents and their characteristics: location, target type, attack type, weapon type, and perpetrator group. While the frequency of terrorist incidents has declined since the 1970s, there still is significant activity nationwide. Instead of urban-rural or West Coast-East Coast divisions, the pattern is a more complex mosaic based on group identity, target, and weapon type. We conclude that there is an explicit geography of terrorism, one that is quite decentralized and highly localized.     

Gender inequality in Russia's rural formal economy

Gender inequality in Russia's rural formal economy is examined using quantitative and qualitative data. Rural women continue to be underrepresented in farm managerial positions, and gendered income differences remain the norm. Rural women are underrepresented because they continue to have responsibility for most of the housework and child care. The traditional division of labor inside the household continues to dominate, thereby affecting women's career trajectories and earning potential. Value change about gendered roles in the formal economy has been minimal.     

An empirical analysis of municipal choice in Portugal

Processes of European integration and growing consumer scrutiny of public services have served to place the spotlight on the traditional French model of public/private interaction in the urban services domain. This article discusses recent debates within France of the institutionalised approach to local public/private partnership, and presents case study evidence from three urban agglomerations of a possible divergence from this approach. Drawing on the work of French academic, Dominique Lorrain, whose historical institutionalist accounts of the French model are perhaps the most comprehensive and best known, the article develops two hypotheses of institutional change, one from the historical institutionalist perspective of institutional stability and persistence, and the other from an explicitly sociological perspective, which emphasises the legitimating benefits of following appropriate rules of conduct. It argues that further studying the French model as an institution offers valuable empirical insight into processes of institutional change and persistence.