Countering Punitiveness: Understanding Stability in Canada's Imprisonment Rate

Canada's imprisonment rate has not changed appreciably since 1960. This stability contrasts with the increased imprisonment rates experienced by Canada's most obvious comparators—the United States and England and Wales. We examine this divergence and propose several interrelated explanations for Canada's anomalous pattern. While Canada is shown not to be immune to pressure for harsher practices and policies, it has been able to counter or balance these trends with other more moderating forces. In particular, we suggest that Canadians have largely been able to escape several of the wider forces or "risk factors" at the root of higher incarceration in other countries. Further, we suggest that certain protective factors of a historical, cultural, and structural nature can also be identified that have limited the extent to which Canada has adopted the same punitive policies documented in the United States and England and Wales.     

Lawyers of the Right: Networks and Organization

Lawyers for conservative and libertarian causes are active in organizing and mobilizing interest groups within the conservative coalition, and networks of relationships among those lawyers help to maintain and shape the coalition. Using data gathered in interviews with seventy-two such lawyers, this article analyzes characteristics of the lawyers and the structure of their networks. The findings suggest that the networks are divided into segments or blocks that are identified with particular constituencies, but that a distinct set of actors with extensive relationships serves to bridge the constituencies. Measures of centrality and brokerage confirm the structural importance of these actors in the network, and a search of references in news media confirms their prominence or prestige. This "core" set of actors occupies the "structural hole" in the network that separates the business constituency from religious conservatives. Libertarians, located near the core of the network, also occupy an intermediate position. Regression analysis of ties within the network suggests that the Federalist Society plays an important role in bringing the lawyers together.     

Human Rights and Modern Liberalism: a Critique

The idea of human rights has become one of the central moral notions of both the theory and practice of international politics. While its foundation and future in the practice of politics looks bright, it is an idea that still causes great trouble at the theoretical level. What are human rights? Why do we have them? To what should we attribute the authority of their moral claims? The theorist Michael Freeman has suggested one theory that by addressing such questions may serve as a foundation for human rights. His theory, however, ends by begging the questions it set out to answer.     

Social science data and the APA

The wisdom of the American Psychological Association's submitting amicus briefs to affect social or legal policy is questioned by an analysis of the brief claimed to be a strong example of the effective use of social science data in the public policy arena; namely, the APA brief (Bersoff & Ogden, 1987) inLockhart v. McCree (1986). The data relied upon in the brief do not appear to support the assertions based upon them, and other data are adduced to develop the critique. It is concluded that it is mischievous for the Association to address itself to the courts by generalizing a data base well beyond its useful limits: The adversarial and scientific methods of establishing truth are in several respects antithetical.     

School crime policy changes: The impact of recent highly-publicized school crimes

Highly-publicized school shootings have heightened concern over school safety. This study examines the impact of school crimes on campus policy. The administrators of 336 Texas middle and high schools were surveyed. Policy changes were related to parental complaints about school crime policies and administrator perceptions that students felt less safe. School administrators should base safety policies on strategies that have been evaluated for their effectiveness in reducing school crime and fear. The authors wish to thank the anonymous reviewers for their helpful comments.     

Campaign contributions in Texas Supreme Court races

One of the most disturbing features of an elective judiciary is judicial campaign finance. This paper explores the financing of the 1988 Texas Supreme Court races, probably the most expensive partisan judicial election campaign in history. It examines the sources of the funding of those six seats on the court in terms of competition among interest groups for control of the court. It also examines proposed reforms in the system of campaign finance and points out that those reforms are not neutral tools of good government, but that instead they have massive political implications for the interests vying to influence the direction of tort law in the state.