Conceptualization and measurement of criminal thinking: initial validation of the criminogenic thinking profile

This article describes two studies concerning the development of a new measure of criminal thinking, the CriminogenicThinking Profile (CTP), influenced by the construct of psychopathy, and traditional models of cognitive-behavioral therapy (CBT). An experimental item pool based on verbalizations from offenders served as the pilot version of the instrument. Principal components analysis of the items resulted in a 62-item, eight-factor scale that was internally consistent. In terms of content, six of the resulting factors were conceptually related to psychopathy, one to CBT, and one to neutralization theory. The factor structure and internal reliability was supported by a subsequent confirmatory factor analysis. Initial support for the CTP's convergent validity was indicated by its positive correlations with psychopathy and personality disorders associated with criminal, aggressive, and impulsive behaviors. The CTP's divergent validity was supported by its inverse correlations with indices of healthy personality functioning. The CTP offers a somewhat different constellation of thinking patterns than those found on previously published criminal thinking instruments. The utility of the CTP to identify relevant cognitive targets for offender treatment is a recommended area of future research.     

Let the Sunshine In,or Else: An Examination of the “Teeth” of State and Federal Open Meetings and Open Records Laws

Public access laws are at the heart of transparent democracy, in place to ensure that government meetings and records are open to the public. However, compliance with these laws is often problematic, a fact that can be attributed, in part, to ineffective remedies available for violations of state and federal open government laws. This study examines the enforcement provisions of the public access laws in jurisdictions across the United States to explore the remedies available, including equitable relief such as injunctions and mandamus, actual and punitive damages, attorneys’ fees, and civil and criminal sanctions. Structural difficulties were revealed that can make these remedies toothless for people unlawfully denied access. The article concludes by suggesting improvements such as enhanced and uniform penalties, more consistent enforcement, and alternatives to litigation.     

Rural rage: the roots of right-wing populism in the United States*

ABSTRACT

In the United States, right-wing populism is a major factor in national politics, as evidenced by the election of Donald Trump as President of the United States in 2015. Right-wing populism is defined by an appeal to ‘people’ (usually white, heterosexual Christians) to rebel – against both liberal ‘elites’ from above and ‘subversives’ and ‘parasites’ from below – by engaging in a hardline brand of conservative politics. There are a variety of right-wing populist political currents in the U.S. One of the most visible is the contemporary ‘Patriot’ movement, which is the successor to the Armed Citizens Militia movement which swept the across the nation in the 1990s. Today, the core Patriot movement groups are united by an interpretation of the Constitution that derides federal power (especially regarding environmental regulations, public lands, and progressive taxation) and advocates for a radical brand of right-wing decentralization. This opposition to federal government policies is framed in a way that inflames preexisting White, Christian nationalism (including anti-immigrant xenophobia and Islamophobia), as well as Christian Right support for patriarchy and opposition to LGBTQ rights.     

Challenging Civil Contempt: The Limits of Judicial Power in Cases Involving Journalists

Despite their assertion of a First Amendment or common law reporter's privilege in federal courts, journalists continue to face jail sentences and exorbitant fines for refusing to divulge their confidential sources when subpoenaed. Efforts to pass even a limited federal shield law have failed so far. This article offers another avenue to protect journalists—examining the roots of contempt law and policy to highlight limits on the contempt power of judges. It argues that because journalists are part of a group resting on steadfast moral and professional convictions, they may validly argue that confinement and excessive fines are improper sanctions. The article also suggests refinements in shield law proposals and other legislation to clarify the extent of judicial contempt power.     

Do Androids Dream of Electric Free Speech? Visions of the Future of Copyright,Privacy and the First Amendment in Science Fiction

Science fiction authors have long projected the future of technology, including communication devices and the way in which future societies may use them. These visions of future technology, and their implications on the future of media law and policy, are explored in three areas in particular – copyright, privacy and the First Amendment. Themes examined include moving toward massively open copyright systems, problems of perpetual surveillance by the state, rights of obscurity in public places threatened by wearable and implantable computing devices, and free speech rights of autonomous machines created by humans. The essay concludes with a rebuttal to recent critics of legal scholarship by suggesting the value in exploratory, forward-looking research that examines the problems judges and policymakers may be addressing in the near and distant future.