The sentencing reform act of 1984: A bold approach to the unwarranted sentencing disparity problem

Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.     

Reassessing the Effect of Economic Growth on Well-being in Less-developed Countries, 1980–2003

Development debates have been greatly influenced by the growth consensus: the conventional wisdom that economic growth should be the primary priority for less-developed countries (LDCs) because it most effectively improves the well-being of the world’s poor. We compare the impact of growth to other independent variables in an unbalanced panel analysis of up to 109 LDCs and 580 observations across six time points (1980, 1985, 1990, 1995, 2000, and 2003). Our dependent variables include caloric consumption, infant survival probability, one-to-five year survival probability, female life expectancy, and male life expectancy. First, we find that gross domestic product (GDP) has significant positive effects on caloric consumption, female life expectancy, and male life expectancy. Second, GDP does not have robust effects on infant and one-to-five survival probabilities. Third, fertility, urbanization, and secondary school enrollment have larger effects than GDP in the majority of models. The more powerful effects of fertility, urbanization, and secondary schooling cannot simply be attributed to an indirect effect of GDP. Fourth, we find that dependency variables do not have robust significant effects. Fifth, over time, GDP has become much less effective at improving caloric consumption and infant and one-to-five survival. We infer that there are serious limitations to concentrating exclusively on economic growth to improve well-being in LDCs.     

Spatial variation of refractive index in a pane of float glass.

In the statistical interpretation of forensic glass evidence it is standard practice to make the assumption of homogeneity of the refractive index (RI) of the source glass, or of localized homogeneity. However, the work of Locke and Hayes showed that, for toughened windscreen glass, this assumption might not be true. This work is well cited, but there appears to have been little follow-on published research. Furthermore, the toughening process is something known to affect the refractive index, and is a process that float glass does not undergo. Float glass is a major component of casework in New Zealand and for that reason it would be interesting to know whether the findings of Locke and Hayes apply when dealing with float glass. In this paper we describe an experiment similar to that of Locke and Hayes, systematically examining the variation of RI in a pane of float window glass. It was found that, although there were no systematic differences in refractive index, there were observable differences across the pane.     

Gender diversity in aircraft maintenance: a cross-sectional triangulation of male perspectives

Certified aircraft mechanics represent the largest gender-based demographic disparity in aviation with a 49-to-1 male-to-female ratio. Recent research into women’s perspective on the aircraft mechanic career field revealed that a large majority of women felt unsure or negatively about their potential promotion opportunities and social acceptance. The purpose of this follow-on mixed-methods concurrent triangulation study was to explore the perspectives of men regarding the aforementioned topics to see if they differ from previously published research on women perceptions. A total of 587 men and 431 women completed an eight-question survey containing 5-point Likert-type and open-ended questions. The quantitative comparison consisted of the total 1018 responses, while only the survey responses from the 587 men were analysed for correlations and qualitative codes. Results indicated that there was a significant difference between the perceptions of men from those of the women regarding work environment safety and social acceptance. Additional correlation analysis revealed social acceptance to be a key variable when predicting career appropriateness, advancement opportunity and work environment safety. The 587 qualitative responses yielded results that differed from those of women, citing an assumption that women have the same advancement opportunities or be as socially accepted as men entering the field.     

Positive and Negative Emotions: Differential Associations with Sleep Duration and Quality in Adolescents

Despite positive and negative emotions being equally important predictors of adolescent wellbeing, research examining positive emotions is limited. In 4582 adolescents (69.4% females; age M?±?SD?=?14.55?±?1.74 years), we used structural equation modelling to examine associations between self-reported sleep duration and quality with positive affect, negative affect, and happiness, controlling for age and sex. Overall, sleep quality displayed stronger associations with all measures of emotions compared to sleep duration. Shorter sleep was more specifically associated with lower positive emotions (happiness, followed by positive affect), whereas poorer sleep showed stronger associations with negative affect. Protecting sleep duration may promote positive emotions and enhancing sleep quality may reduce mood disturbances. Future research could incorporate both positive and negative emotions to better understand adolescents’ wellbeing.     

The Capitalocene Part II: accumulation by appropriation and the centrality of unpaid work/energy

This essay – Part II – reconceptualizes the past five centuries as the Capitalocene, the ‘age of capital’. The essay advances two interconnected arguments. First, the exploitation of labor-power depends on a more expansive process: the appropriation of unpaid work/energy delivered by ‘women, nature, and colonies’ (Mies). Second, accumulation by appropriation turns on the capacity of state–capital–science complexes to make nature legible. If the substance of abstract social labor is time, the substance of abstract social nature is space. While managerial procedures within commodity production aim to maximize productivity per quantum of labor-time, the geo-managerial capacities of states and empires identify and seek to maximize unpaid work/energy per ‘unit’ of abstract nature. Historically, successive state–capital–science complexes co-produce Cheap Natures that are located, or reproduce themselves, largely outside the cash nexus. Geo-managerialism’s preliminary forms emerged rapidly during the rise of capitalism. Its chief historical expressions comprise those processes through which capitalists and state-machineries map, identify, quantify and otherwise make natures legible to capital. A radical politics of sustainability must recognize – and seek to mobilize through – a tripartite division of work under capitalism: labor-power, unpaid human work and the work of nature as a whole.     

The only solution is revolution: the Spanish Confederación Nacional de Trabajo and the problem of unemployment in Republican Spain, 1931–1933

Although the Great Depression has been the subject of much research, focus normally centers on the impact instead of the tactics developed by working-class organizations to tackle the problems it caused, specifically unemployment. Recent research has sought to fill this gap, but numerous areas remain uncovered. This paper covers two of these: the situation in Spain and the reaction of anarcho-syndicalist union – the Confederación Nacional de Trabajo. Spain presents an anomalous case; a country that saw the replacement of a semi-fascist dictatorship by a democracy in the 1930s. Furthermore, the fact that the initial government of the Spanish Second Republic included the Socialists provides an opportunity of comparing and contrasting the positions and policies of reformist and revolutionary workers’ organizations. The study is based on predominantly on articles appearing in the CNT newspaper Solidaridad Obrera. The conclusion reached is that for the CNT rising unemployment was a symptom of an irreversible trend in a failing capitalist system, which could only be solved by the revolutionary overthrow of that system. Nonetheless, the union had to present plausible solutions to ameliorate the conditions of the workers to attract the unemployed and thus, create a force strong enough to lead that revolutionary change.     

Lessons from “Around the world with Oprah”: Neoliberalism,race, and the (geo)politics of beauty

On 6 October 2004, viewers went “Around the world with Oprah” and received a rare glimpse inside the lives of 30-year-old women from 17 different countries. When Oprah turned her gaze (and that of middle-class American housewives) eastward, she highlighted South Korean women's penchart for plastic surgery. Oprah's “trip” to South Korea is emblematic of Western discourse surrounding South Korean Women's plastic surgery consumption, most of which focuses on cosmetic eyelid surgery or the sangapul procedure as it is called in South Korea. Given its widespread popularity, the sangapul procedure has come to signify South Korean women's acquiescence to not only patriarchal oppression but racial oppression as well. This essay goes beyond the psychologization of South Korean women in order to ask what such psychological musings obscure about the very political nature of beauty itself. Using “Around the world with Oprah” as a starting point, then, this essay examines beauty at the intersection of race, technology, and (geo)politics in order to show that, in an era of neoliberalism, plastic surgery is often rationalized as an investment in the self towards a more normal, if not better future. As this essay suggests, such a framing of plastic surgery is contingent on Oprah's production of neoliberal feminism based on liberal notions of choice. Given her global reach, these neoliberal feminist subjects are not produced equally, however, but are discursively constructed along a First World/Third World divide.     

Decentralisation,socio-territoriality and the exercise of indigenous self-governance in Bolivia

This article analyses the ‘indigenous autonomy’ being constructed in two dozen Bolivian municipalities and territories, in accordance with the 2009 Constitution. It finds that Bolivia’s 1994 decentralisation reforms, which created the country’s system of municipalities, are central to understanding the contemporary implementation of indigenous autonomy. Some indigenous people view as favourable the representative and material gains achieved by municipalisation, which helps explain why more majority-indigenous communities have not yet chosen the new option of indigenous autonomy. However, the new legal framework also limits indigenous self-governance, because territorial delimitations of the country’s municipalities are generally inconsistent with indigenous peoples’ ancestral territories. The new institutions of self-governance are legally obligated to include discrete legislative, executive and administrative functions, reflecting not indigenous norms but a municipal structure of liberal design. This study illustrates the way that indigenous self-determination may encounter obstacles where indigenous territorial jurisdictions must coincide with contemporary boundaries of colonial origins, rather than with pre-colonial territories.