Should Abused Women's Reports of Partner Substance Abuse Be Accepted as Valid?

Current research suggests that a husband's substance abuse is correlated with severity of physical abuse and the woman's decision to leave a violent situation. Often, only the battered woman's report of abuse is available. This study compares women's reports of their partners' substance use/abuse with their partners' report using a brief measure of polydrug and alcohol abuse, the Substance Abuse Subtle Screening Inventory (SASSI) and the Conflict Tactics Scale (CTS). Data were analyzed for 25 recovery couples and 25 nonrecovery couples. The correlations for all 50 couples between the male's reported use and the female's report of her partner's use on the SASSI and the CTS were significant on all but one of the CTS scales. They ranged on SASSI from .73 to .33 and from .31 to .06 on the CTS. This suggests that the SASSI and possibly the CTS could be used as valuable tools for assessing women's reports of their partner's substance use/abuse.     

High‐Performance Human Resource Practices and Employee Outcomes: The Mediating Role of Public Service Motivation

This article responds to recent calls for research examining the mechanisms through which high‐performance human resource practices (HPHRPs) affect employee outcomes. Using the theoretical lens of social exchange and process theories, the authors examine one such mechanism, public service motivation, through which HPHRPs influence employees’ affective commitment and organizational citizenship behaviors in public sector organizations. A sample of professionals in the Egyptian health and higher education sectors was used to test a partial mediation model using structural equation modeling. Findings show that public service motivation partially mediated the relationship between HPHRPs and employees’ affective commitment and organizational citizenship behaviors. Similar results were achieved when the system of HPHRPs was disaggregated to consider the individual effects of five human resource practices.     

The Origins of Trade Secrecy Law in England, 1600–1851

This paper examines the origins of trade secrecy law from the beginning of the seventeenth century until Morison v Moat (1851), described by the Oxford History of the Laws of England as ‘foundational’. The paper reveals something of a conundrum. The first part shows that although the prevalence of guild ordinances would have familiarized many with the concept of ‘lawful secrets’, these provisions could no longer be enforced in the guild courts by the late seventeenth century, or within the wider jurisdiction of the courts of the City of London. Instead, as the second half of the paper shows, it was the law courts proper that came to provide succour to those working trade secrets, allowing them to both restrain employees from using secrets for their own benefit and/or to sell secrets to other parties. This was a halting process, but one that had certainly begun prior to Morison.     

Contested Forests: An Analysis of the Highlander Response to Logging,Ratanakiri Province,Northeast Cambodia

This article examines in detail the influence of the global on state-local relationships in the particular context of Ratanakiri Province, Northeast Cambodia. It is argued that modern state power in Cambodia is based on Western concepts of nation-building, including territorialization, assimilation, economic development, and the commercial exploitation of resources and has led to the incorporation of the remote forested areas of the periphery into the net of the state. Since the 1993 election, the plunder of the northeast has been justified in the name of “development.” The author shows that the response of forest-dependent highlanders to this state intervention cannot be understood as either simple opposition or acquiescence. Rather it has been a contradictory and fragmentary response, emerging from the conflicting desires for autonomy over land and forests and for the benefits to be gained from “development” and inclusion within the hypothesized “nation-state.”     

Law, Diagram, Film: Critique Exhausted

What potential can be found in the work of Deleuze and Guattari for critical legal scholarship? The authors argue that their work can be deployed to re-think ??critique?? by directly addressing the place and role of the ??critic??. It is argued that the continued commitment to a stance of ??resistance?? in CLS is underpinned by never-ending dualisms which, if not confronted and replaced, can only make CLS ever more redundant. The authors ask: ??what is critique beyond the dualism of power and resistance, of state and nomad??? This question arises from a belief that critique is still capable of being effective, but only if there is the courage to experiment, and to think creatively. In this sense, the ??exhaustion?? of critique is framed as an opportunity to re-think and re-engage with the politics of law. The paper diagrams, through image and film, a critical thought: the potential of the artisan. Film is utilised not as representation, nor as illustration, but as a thinking mind in its own right, through which questions relating to the state, political action, and creative thinking can be (re)framed. Such a re-framing is essential, it is argued, for an engagement with the emergence of societies of control.     

From Mrs. Burns To Mrs. Oxley: Do Co-habiting Women (Still) Need Marriage Law?

Following the U.K. Labour government commitment to marriage in the 1998 Green Paper ‘Supporting Families’, Barlow and Duncan produced a robust critique calling for ‘realism’ in recognising that many couples are now choosing not to marry, that too many do not make informed decisions as to whether to marry or not and that, on the basis of their survey, over 40% of respondents believed that some form of family law protection would be available to them, despite their lack of marital status. When added to a concern that economically vulnerable cohabiting women do not receive adequate protection in property law, it seemed all too obvious that the government commitment to marriage should be challenged. In fact, government policy does seem to have shifted somewhat when, partly as a tactical manoeuvre to help the passage of the Civil Partnership Act 2004 and specifically recognising concerns with the needs of economically vulnerable parties, the issue was referred to the Law Commission for England and Wales. This places the ‘realism’ arguments firmly within the reform agenda. However, this article argues that there is a need to look more closely at the arguments used by the ‘realists’, in particular at the evocation of the figure of Mrs. Burns. The more contemporary case of Oxley v. Hiscock is used to both raise questions about the socio-economic profiles of cohabitants, as well to question the presentation of property law as failing women (and family law as offering the protection they need). I argue that feminists should take a cautious approach in relation to the seemingly compelling argument that cohabitants will benefit from the extension of aspects of marriage law to cover property issues at the end of a relationship.     

Shock to Thought: An Encounter (of a Third Kind) with Legal Feminism

This paper takes a recently published text and, in examining it closely, argues that it exemplifies trends within feminist scholarship in law, which might be characterised asestablishing a form of orthodoxy. The paper explores some of the ways in which thiso rthodoxy is constructed and presented, and argues that it is characterised by a commitment both to `grand theory' and Hegelian dialectics. The adoption of this model of work seems to offer a chance to hold together the triangular figure of women/theory/law reform. The paper will argue that, whilst this model is clearly a valid choice, and attractive to feminist scholars in the promise it seems to hold, the model is not to be presumed but rather should be examined and considered in terms of its potential for feminist scholarship. Both within its own terms, and as part of the construction of an orthodoxy, the paper will argue that it is in fact problematic and that feminist scholarship would be better served by seeking an alternative theoretical model. An alternative is suggested, using the work of Deleuze, but it is acknowledged that this will require the acceptance of a very different theoretical configuration from that suggested by the triangular model of women/theory/lawreform.