The executive on the battlefield: government amendments and cartel theory in the Chilean Congress

This article argues that cartelised coordination inside Chilean congressional committees is important for understanding the success rates of presidential initiatives. By way of an analysis of the amendment process undertaken both in the Chamber and Senate committees in the Chilean Congress during 2006–10, the authors review the approval patterns of legislative amendments. The analysis suggests two chief findings: coordination between government parties and the executive is crucial for the success of amendment; and the opposition’s success in generating legal transformations depends on the construction of inter-coalition alliances. It is hoped that the perspective offered here will contribute to the current literature on cartel party theory in Latin America.     

“Modern” death qualification

We report on the results of a comprehensive statewide survey of death penalty attitudes in which respondents were categorized in terms of their death-qualified or excludable status under several different Supreme Court doctrines governing the death-qualification process. We found that although changes in public opinion with respect to the death penalty in general have altered the relative sizes of the death-qualified and excludable groups, significant differences remain between them on a number of attitudinal dimensions, no matter which doctrines are employed to define these groups. We discuss the implications of these recent data, especially with respect to the Supreme Court's continued reference to the death-qualified jury as an index of community standards with respect to the death penalty itself.     

The jurisprudence of race and meritocracy

This article examines the jurisprudential interrelationships between the concept of merit, the tradition of legal individualism, and various doctrines of employment discrimination law. Specifically, we review evidence of continuing racial disparities in income and employment that have persisted despite decades of litigation to reduce or eliminate them. We argue that the unique jurisprudential role played by the concept of merit has undermined legal attempts to address the structural causes of racial discrimination in the workplace. We further suggest that the use of standardized employment tests and the nature of the legal doctrines that govern their use reflect certain outmoded meritocratic assumptions that, by individualizing the nature of racial disparity, contribute to continuing group disadvantage in the workplace.     

Medicinal Marijuana,Inc.: A Critique on the Market-led Legalization of Cannabis and the Criminalization of Rural Livelihoods in Colombia

Critical Criminology - In Colombia, Law 1787 of 2016 legalized marijuana for medicinal and scientific purposes. The law promotes social inclusion in two ways: (1) establishing mechanisms to...     

The relationship between human trafficking and child recruitment in the Colombian armed conflict

The article rethinks the relationship between human trafficking as organised crime and child recruitment as a war crime. After analysing the records of 132 cases of child and adolescent recruitment brought before Colombia’s ordinary justice system between 2008 and 2016, it became clear that the youngsters involved had performed activities both directly and indirectly related to the conflict, but also that they had been exploited and maltreated, with no control over their situation. Reassessment of the relationship between human trafficking and child recruitment could result in more effective justice for this population by shedding light on alternate ways to construct reparation and reintegration.