RETHINKING JUVENILE STATUS OFFENSE LAWS: CONSIDERATIONS FOR CONGRESSIONAL REVIEW OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

Families struggling with a breakdown in communication, trying to control the behavior of an unruly child, or experiencing a crisis often look for outside help. Many families, particularly those without resources to pay for private support, turn to their local status offense system. Status offenders are young people charged with behavior unique to their status as juveniles such as running away, truancy, or disobedience. In 2007, Congress will begin to consider reauthorization of the Juvenile Justice Delinquency Prevention Act (JJDPA), the federal act related to status‐offender policy. By providing an overview of recent state status‐offense legislation and case law, this article identifies issues to be addressed by Congress in reauthorizing the JJDPA.     

The ECJ eases the way for comparative advertisers

The ECJ reiterates its support for the comparative advertiserby indicating that common sense is needed to comply with theMisleading Advertising and Comparative Advertising Directive(Directive 97/55).     

A NEW LOOK AT AN OLD ISSUE:

In 1997, the Office of Child Support Enforcement initiated the State Child Access and Visitation (AV) Grant Program, which involves annual awards of $10 million to states to promote the development of programs to alleviate access problems. Telephone interviews with 970 parents who used mediation, parent education, and supervised visitation programs funded by AV grants in nine states revealed that the programs are reaching diverse groups of parents including many low-income, non-White, and unmarried parents who receive no other type of access assistance. The programs also appear to be achieving the major objectives posited for them by the federal government. One-third to one-half of noncustodial parents in every program type reported that parent–child contact increased following program participation, with supervised visitation users who typically had the lowest levels of parent–child contact reporting a significant increase in the number of days of contact. A review of child support records for 173 program users in three states revealed that child support payments increased among participants following program participation, especially for never-married parents who paid a significantly higher proportion of what they owed. These findings are similar to results reported in a five-state study of mediation programs funded by AV grants that was conducted by the Office of the Inspector General. However, both studies have some serious limitations, including low response rates and the absence of a nontreatment comparison group.     

Court Awards of Damages for Loss of Future Earnings: An Empirical Study and an Alternative Method of Calculation

This article examines the effect upon damages for personal injury of methods used in the United States of America to calculate loss of future earnings. The work of lawyers is examined from the perspective of labour economists. The damages calculated by using these alternative methods are compared with those actually awarded in over a hundred cases determined by courts in England and Wales. This interdisciplinary and comparative study reveals that the tort system fails to satisfy one of its main objectives in that it does not provide recipients of damages with 'full' compensation.     

CHILD SUPPORT IN THE UNITED STATES

This article reports on the results of a telephone survey conducted with a random sample of households screened for eligibility to receive child support in the state of Colorado. Despite the recent enactment of ambitious child legislation at the state and federal levels, the accounts of 731 custodial parents reveal a massive level of unmet need, with child support problems being most extreme for those never married to the chilďs other parent. These mothers typically lack an order establishing a legal obligation to pay child support and have incomes that fall below the poverty level. Overall, women of Colorado with child support orders received only about half of the support they were due, and 73 per cent of all women due support reported that they had experienced problems in collecting support either currently or in the past. The average amount of back due child support owed to the 60 per cent of women in the sample who reported an arrearage was $12,000. Analysis revealed that payment behaviour tracked with the length of time since separation with payment patterns worsening over time and irregular visitation and/or the presence of problems around child access. Female obligors exhibited the same payment patterns as their male counterparts but were more apt to maintain visitation. The article documents the dramatic, negative economic consequences of irregular or missing child support payments for custodial parents, and discusses the additional legal and financial commitments needed to improve the situation. The efficacy of private child support transfers to achieve an adequate standard of living for all children is called into question.     

Symposium: Policy analysis for congress. Policy analysis for congress: Lengthening the time horizon

Policy analysis for the Congress is a timely subject. Several policy initiatives have emerged recently from the “first branch.” Others have demonstrated an independent capacity for analysis that is impressive by historical standards. This article introduces a practitioner symposium of three related works on policy analysis for Congress, with appropriate commentary by a distinguished veteran. It argues that because timing is crucial in the congressional policy process, anticipation and advance preparation are central to the effective use of analysis. The other articles illustrate the stages of advance preparation—of the policy analyst, the congressional environment, and the Member for voting—in the form of case studies.     

Confronting Islamist Insurgencies in Africa: The Case of the Islamic State in Mozambique

The proliferation of Salafi-jihadi insurgencies across Africa challenges the United States’ counterterrorism approach. From its inception, the insurgency in Cabo Delgado, Mozambique was driven by local and foreign dynamics, which have been complicated by additional external intervention in the conflict. Using the Cabo Delgado insurgency, we demonstrate how efforts to address its global dimensions, such as the group's affiliation with the Islamic State, can work against attempts to mitigate its local drivers. We conclude with recommendations for a more effective U.S. response that takes both the local and global dynamics into account. This article builds on our February 2021 report “Combating the Islamic State's Spread in Africa: Assessment and Recommendations for Mozambique,” published by the American Enterprise Institute.     

Assessing Civil-Military Relations and the January 6th Capitol Insurrection

The events of January 6, 2021, when violent rioters attacked the Capitol building in Washington in order to disrupt validation of the 2020 presidential election, forced an unprecedented reckoning with the state of American politics. Members of Congress struggled to account for the rhetoric that gave rise to the event; law enforcement grappled with the challenge of holding accountable those who perpetrated the violence; and journalistic outlets wrestled with reporting a complex web of conspiracy theories and disinformation that gave rise to the insurrection. But for senior military leaders, the question was how to explain the troubling presence of active duty servicemembers and veterans in the first attack on the American seat of government in two centuries. The result is a profound and urgent discussion in U.S. civil-military relations.     

Living Under Aboriginal Exemption: Negotiating State Governments' Policies and Practices

This volume of the Australian Journal of Politics and History presents an edited collection of papers delivered by emerging and established researchers at the Second Rethinking & Researching 20th Century Aboriginal Exemption Symposium, co-hosted by the University of the Sunshine Coast with La Trobe University in October 2021. The papers reveal the human costs, hardships and legacies of the state policies of Aboriginal Exemption last century which supposedly offered the promise of freedom to Indigenous Australians confined to reserves and missions. Equally, the papers explore innovative and culturally safe ways to investigate and further understand Aboriginal exemption that ensure Ancestors and Elders, who actively negotiated, resisted and subverted its use, are recognised and honoured.