Foreword

The author compared the arrest rates of 301 former state mental hospital patients with those of the local county population and selected U.S. cities. He found that the patients had a markedly higher incidence of arrests for criminal behavior, including violent offenses, than either of the comparison groups. Patients who were female, aged 20-30, and nonwhite had higher arrest rates for violent offenses than the rest of the study group. These findings are at variance with those of earlier studies but are in general agreement with more recent studies. The author suggests the need for further research in order to more completely identify those factors which explain the high crime rate among the mentally ill.

I am a child of the 1970s. I grew up in Adelaide in the Dunstan decade. My earliest political recollection is of my parents discussing the dismissal of Whitlam in 1975. I believed university educat...

* Associate Professor of Law and Associate Director of the Center for Studies in Criminal Justice, University of Chicago. Jerald Kessler, now a third-year student at the University of Chicago Law School, performed with diligence and creativity as a research assistant on this project. Steven Harris, a second-year student at the Law School, conducted a helpful survey of the literature on intent in violent attack. The Chicago Police Department, in particular Mr. Michael Spiotto, provided access to the department files on reported fatal and nonfatal attacks that were used in this study. 1 Franklin E. Zimring, Is Gun Control Likely To Reduce Violent Killings?, 35 U. Chi. L. Rev. 721-24, 730-37 (1968). A third report, Homicide in Chicago, 1965-70, grows out of the same research project, a study of violent attack in Chicago supported by the Center for Studies in Criminal Justice at the University of Chicago. Other data on the issue of weapon dangerousness are developed in George D. Newton and Franklin E. Zimring, Firearms and Violence in American Life (Staff Report (7) to the Nat'l Comm'n on the Causes and Prevention of Violence 1969). See, e.g., id. at 44 and 177-79 (relationship between relative degree of gun use and extent to which guns are more lethal than knives), 46-47 (death rates from gun vs. nongun armed robbery), 69-74 (effect of increase in gun ownership and use on death from assault in Detroit), 76-77 (relationship between relative gun use in robbery and assault in major cities).

WITHIN the last year there have appeared several major articles' that, while otherwise extremely diverse, share a strong preference (in one case implicit) for using the principle of "strict liability" to resolve legal conflicts over resource use.2 I shall argue in this comment that the authors of these articles fail to make a convincing case for strict liability, primarily because they do not analyze the economic consequences of the principle correctly.

The twentieth anniversary of the 1964 Civil Rights Act marked the end of an era of uncertain progress. Despite dramatic victories in constitutional litigation and the visibility of group-based struggles, civil rights strategies had limited success in initiating major economic and social change.' The limited progress has prompted a new sense of realism among groups who experience discrimination-a sense of how little the situation has changed even though overt prejudice may be less prevalent. The modest progress of the civil rights movement has not made "rights-focused" struggles unattractive, however; in fact, there is a proliferation of civil rights strategies

This article suggests that programs designed to strengthen the of in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak of perpetuates sexual violence, only of programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern provinces of the DR Congo. It then introduces the notion of rule of law before evaluating the ways in which weak of in the eastern DR Congo contributes to the problem of sexual violence. Finally, the article makes four arguments to support the central claim that strengthening the of will be effective against sexual violence only if specifically tailored in the ways noted above. INTRODUCTION 140 I.A BRIEF HISTORY OF CONFLICT IN THE GREAT LAKES REGION 141 II.THE CRISIS OF SEXUAL VIOLENCE 145 A. Scope of the Crisis 145 B. Socio-cultural Implications of Sexual Violence ........ ........ 147 J.D. Candidate, 2011 University of California, Berkeley School of Law; M.T.S., Harvard Divinity School; A.B., University of Missouri. I would like to thank Professor Kate Jastram for valuable guidance and consistent encouragement on this project. My colleagues in the Global Migration Seminar at Berkeley were excellent discussion partners and offered helpful feedback. Kerry Gough, Elizabeth Hawkins Lincoln, Stephen Rosenbaum and Ernesto Verdeja each put a critical eye to various drafts of this paper. Finally, thanks to Alison Mollman and the excellent staff of the Berkeley Journal of Gender, Law & Justice for their keen editing. I welcome comments, questions, corrections and other correspondence about the subject of this article; I can be reached at ryanlincoln@post.harvard.edu. BERKELEY JOURNAL OF GENDER, LAW & JUSTICE 139 BERKELEY JOURNAL OF GENDER, LAW & JUSTICE III.RULE OF LAW IN THE DR CONGO. ...... 149 A. Defining the Rule of Law ...... 149 B. Rule of Law Programs in the DR Congo 151 C. Sexual Violence and the Rule of Law in the DR Congo 153 1. Government Bound by Law......... 154 2. Equality Before the Law 155 3. Law and Order 156 4. Predictable and Efficient Justice 156 5. State Violation of Human Rights 157 6. Rule of Law Institutions ........ 158 IV.CREATING A VIABLE RULE OF LAW SOLUTION 158 A. Limitations of Armed Conflict and Political Efficacy on the Rule of Law ...... 159 B. Rule of Law as Evaluative / Rule of Law as Creative .... ...... 160 C. Gender Issues and the Rule of Law 161 D. Rule of Law Must Take Norms Into Account 164 CONCLUSION 167

Each year, several thousand women immigrate to the United States in their capacity as spouses, only to find their rights compromised by the constraints of their visa status. When a wife enters the United States on a dependent spouse visa, she enters at the wish of her husband. Until the day she is eligible for a green card, her dependent immigration status allows her husband to control her ability to live in the United States and all rights that stem from that status. The inherent power differential within these relationships resembles those experienced by married women generations earlier, who relinquished control of their legal personhood under the laws of coverture. The mechanism of coverture, which extinguished a married woman’s independent identity in the eyes of the law, had far-reaching effects, including giving a male head of household the right to determine his family’s domicile. In spite of reforms that have attempted to address antiquated gender norms and make immigration laws “gender neutral,” most spousal immigrants are still female, and the historical precedent of coverture remains evident in U.S. immigration laws affecting the family, including dependent spouse visa provisions.\nThis article examines the various ways U.S. immigration regulations perpetuate the disparate treatment of dependent H-4 visa holders. The dependent spouse visa category imposes restrictions on the ability of these women to control their immigration status, work outside the home, obtain a divorce, retain custody of their children, and escape domestic violence. In spite of compelling evidence that the existing visa hierarchy fosters economic and legal dependency, and has devastating consequences for the day-to-day lives of H-4 spouses, these regulations have not been subject to any meaningful reform.\nTo the extent that legislation has created meaningful forms of immigration relief for immigrant women, these provisions primarily address the situation of victims of domestic violence. Not only are most H-4 visa holders not eligible for these forms of relief on account of their particular visa status, but the current system also fails to address inherent inequity in the law that facilitates domestic abuse and systemically subordinates women. Immigration laws shifted from family-based and labor-based immigration without concern for the rights of trailing spouses of skilled immigrants, allowing H-4 visa holders to fall through the cracks of immigration reform. This article posits that such reform should provide meaningful relief for spousal visa holders, and should address the longstanding inequities between husbands and wives that the current law perpetuates. True reform would not only contemplate H-4 visa holders as potential victims of domestic violence, but rather, would adopt more expansive rules that do not perpetuate the subordination of immigrant spouses within families and society at large.

ROBBERY, the taking of property by force or threat of force, is a major problem in its own right and a central issue in the analysis of violent crime in America. Robbery is a property crime, unlike theft and burglary, that frequently threatens the physical security of its victim.' Robbery is a crime of violence that strikes many more victims than rape2 and reaches across boundaries of social distance far more often than aggravated assault.3 Robbery is the stranger-to-stranger crime that most frequently results in victim death and injury in the United States.4 This paper reports the first systematic comparison of noninjury, injury, and fatal robberies in a big city setting. The first section of this report addresses our empirical findings, including estimates of the volume of robbery killing in Chicago, an analysis of patterns of robbery killing, an examination of patterns of robberies that cause injury, and a preliminary

Previous articleNext article No AccessBail Risk: A Multivariate AnalysisStevens H. Clarke, Jean L. Freeman, and Gary G. KochStevens H. Clarke Search for more articles by this author , Jean L. Freeman Search for more articles by this author , and Gary G. Koch Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by The Journal of Legal Studies Volume 5, Number 2Jun., 1976 Sponsored by The University of Chicago Law School Article DOIhttps://doi.org/10.1086/467556 Views: 17Total views on this site Citations: 26Citations are reported from Crossref Copyright 1977 The University of ChicagoPDF download Crossref reports the following articles citing this article:Will Dobbie, Jacob Goldin, Crystal S. Yang The Effects of Pre-Trial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges, American Economic Review 108, no.22 (Feb 2018): 201–240.https://doi.org/10.1257/aer.20161503DEAN A. DABNEY, JOSHUA PAGE, VOLKAN TOPALLI American Bail and the Tinting of Criminal Justice, The Howard Journal of Crime and Justice 56, no.44 (Jul 2017): 397–418.https://doi.org/10.1111/hojo.12212Gary G. Koch, Dennis B. Gillings Inference, Design‐Based vs . Model‐Based, (Sep 2014).https://doi.org/10.1002/9781118445112.stat01616Brian Johnson, Christopher Kierkus, Christine Yalda Who Skips? An Analysis of Bail Bond Failure to Appear, Journal of Applied Security Research 9, no.11 (Jan 2014): 1–16.https://doi.org/10.1080/19361610.2014.852005DAVID S. ABRAMS, CHRIS ROHLFS OPTIMAL BAIL AND THE VALUE OF FREEDOM: EVIDENCE FROM THE PHILADELPHIA BAIL EXPERIMENT, Economic Inquiry 49, no.33 (Apr 2010): 750–770.https://doi.org/10.1111/j.1465-7295.2010.00288.xMariana Martinez, Fabio Sánchez, Holly Kosiewicz Is Justice Blind? An Examination of Disparities in Homicide Sentencing in Colombia, 1980-2000, SSRN Electronic Journal (Jan 2009).https://doi.org/10.2139/ssrn.1478170Gary G. Koch, Dennis B. Gillings Inference, Design-Based vs. Model-Based, (Sep 2008).https://doi.org/10.1002/9780471462422.eoct995Thomas J. Miles An Empirical Analysis of the FBI's Ten Most Wanted, Journal of Empirical Legal Studies 5, no.22 (Jun 2008): 275–308.https://doi.org/10.1111/j.1740-1461.2008.00125.xSteven D. Levitt, Thomas J. Miles Chapter 7 Empirical Study of Criminal Punishment, (Jan 2007): 455–495.https://doi.org/10.1016/S1574-0730(07)01007-9Gary G. Koch, Dennis B. Gillings Inference, Design-Based vs. Model-Based, (Aug 2006).https://doi.org/10.1002/0471667196.ess1235.pub2Boon-Tiong Lim, Euston Quah, Khye-Chong Tan The Economics of Bail Setting and Social Welfare, International Review of Law and Economics 25, no.44 (Dec 2005): 592–603.https://doi.org/10.1016/j.irle.2005.12.005Mandeep K. Dhami From discretion to disagreement: explaining disparities in judges' pretrial decisions, Behavioral Sciences & the Law 23, no.33 (Jan 2005): 367–386.https://doi.org/10.1002/bsl.619 By Thomas J. Miles Estimating the Effect of America's Most Wanted: A Duration Analysis of Wanted Fugitives Miles, The Journal of Law and Economics 48, no.11 (Jul 2015): 281–306.https://doi.org/10.1086/428718 Eric Helland and Alexander Tabarrok The Fugitive: Evidence on Public versus Private Law Enforcement from Bail Jumping Helland/Tabarrok, The Journal of Law and Economics 47, no.11 (Jul 2015): 93–122.https://doi.org/10.1086/378694Hindy Lauer Schachter Supervised Pretrial Release: Policy Issues That Must Be Explored to Create Appropriate Programs, Criminal Justice Policy Review 7, no.3-43-4 (Sep 1995): 255–274.https://doi.org/10.1177/088740349500700303JOHN S. GOLDKAMP, PETER R. JONES Pretrial Drug-Testing Experiments in Milwaukee and Prince George's County: The Context of Implementation, Journal of Research in Crime and Delinquency 29, no.44 (Aug 2016): 430–465.https://doi.org/10.1177/0022427892029004003Mary A. Toborg, Anthony M.J. Yezer, John A. Carver Pretrial Urine-Testing in the District of Columbia: Its Usefulness for Risk Classification and as a “Signaling Device” for Release Risk, Journal of Drug Issues 21, no.22 (Apr 1991): 369–381.https://doi.org/10.1177/002204269102100208Celesta A. Albonetti, Robert M. Hauser, John Hagan, Ilene H. Nagel Criminal justice decision making as a stratification process: The role of race and stratification resources in pretrial release, Journal of Quantitative Criminology 5, no.11 (Mar 1989): 57–82.https://doi.org/10.1007/BF01066261 John R. Lott, Jr. Should the Wealthy Be Able to "Buy Justice"?, Journal of Political Economy 95, no.66 (Oct 2015): 1307–1316.https://doi.org/10.1086/261517William Rhodes A survival model with dependent competing events and right-hand censoring: Probation and parole as an illustration, Journal of Quantitative Criminology 2, no.22 (Jun 1986): 113–137.https://doi.org/10.1007/BF01074576Elizabeth M. Suval, Matthew T. Zingraff Should Pre-Trial Release Programs Be Expanded?, Criminal Justice Policy Review 1, no.22 (May 1986): 140–154.https://doi.org/10.1177/088740348600100202Ebbe B. Ebbesen, Vladimir J. Konečni Criticisms of the criminal justice system: A decision making analysis, Behavioral Sciences & the Law 3, no.22 (Dec 2013): 177–194.https://doi.org/10.1002/bsl.2370030206Frances P. Bernat Gender Disparity in the Setting of Bail, Journal of Offender Counseling Services Rehabilitation 9, no.1-21-2 (Oct 2008): 21–47.https://doi.org/10.1300/J264v09n01_02Ebbe B. Ebbesen, Vladimir J. Konečni Criticisms of the criminal justice system: A decision making analysis, Journal of the History of the Behavioral Sciences 3, no.22 (Jan 1985): 177–194.https://doi.org/10.1002/1520-6696(1985)3:2<177::AID-JHBS2300030206>3.0.CO;2-C References, (Jan 1984): 399–409.https://doi.org/10.1016/B978-0-12-627180-5.50028-5 Samuel L. Myers, Jr. The Economics of Bail Jumping, The Journal of Legal Studies 10, no.22 (Oct 2015): 381–396.https://doi.org/10.1086/467687

Violence and Control in the Night-Time Economy European Journal of Crime, Criminal Law and Criminal Justice 2005 – 1 89 European Journal of Crime, Criminal Law and Criminal Justice, Vol. 13/1, 89–102, 2005 © Koninklijke Brill NV. Printed in the Netherlands. Dick Hobbs, 1 Philip Hadfield, 2 Stuart Lister, 3 Simon Winlow 4 Violence and Control in the Night-Time Economy 1. URBAN REGENERATION Recent changes in the political economies of British cities involve two key inter- related processes: first, a shift in economic development from the industrial to the post-industrial; and second, a significant reorientation of urban governance, involving a

In the last decade, legal scholars have noted with alarm the increasing alignment between immigration enforcement and the goals and methods of the criminal justice system, terming this alignment crimmigration. Although discussions of race and nativism have played a large part in this analysis, the same cannot be said for the connection between crimmigration and gender. This Commentary begins by introducing the reader to the rise of crimmigration, the intersection of gender with the criminal justice system, and the intersection of gender with immigration. Then, using examples of immigrant women's lived experiences, the author explores scholars' failure to consider a gendered analysis, demonstrating that a gender-blind approach ignores how most immigrant families interact with the state. The Commentary concludes by offering suggestions to decouple immigration and the criminal justice system in light of this gendered analysis, with the intent of encouraging scholars and policymakers to reconsider crimmigration's overly individualistic approach to a system that harms women and families disproportionately. INTRODUCTION 2 I. THE RISE OF CRIMMIGRATION 7 II. WOMEN, CRIME, AND IMMIGRATION 14 A. Women and the Criminal Justice System 14 B. Women and Immigration 16 III. BEYOND THE INDIVIDUAL AND THE STATE: INSERTING GENDER AND THE FAMILY INTO CRIMMIGRATION 19 IV.PROPOSALS FOR THE DECLINE OF CRIMMIGRATION IN WOMEN’S LIVES ....... 23 CONCLUSION 27 † J.D. Candidate, University of California, Berkeley, 2012. I wish to thank Erik D. B. Anderson, Lucy Hartry, Barry Krisberg, and Nancy Lemon for their insightful feedback on early drafts of this Commentary. I am also grateful to Sara Carian and the rest of the Berkeley Journal of Gender, Law & Justice for excellent editorial assistance. HARTRY_MACRO1 (DO NOT DELETE) 2/8/2012 9:33 PM 2 BERKELEY JOURNAL OF GENDER, LAW & JUSTICE

Public Digital Estate: Role of Commons in Legal Education and Research

Welcome to our new refereed journal, Public Space: the Journal of Law and Social Justice, which is being launched as part of the 30th year celebrations of the Faculty of Law of the University of Technology, Sydney through UTSePress.
 
 The concept of public space is almost boundless. At its most simple, public space may conjure images of Romans disclaiming and, if this journal does no more than provide a forum for diverse views then it will be of some value. But we think public space is much more than this.

Welcome to the second volume of the refereed journal, Public Space: the Journal of Law and Social Justice.
 
 The second volume of Public Space offers a meditation on the theme My Island Home. The theme was inspired, in part, by Neil Murray’s song My Island Home. Murray said that he had been living in the deserts of Central Australia for some time, estranged from the fresh water country of his youth. He wrote the song after spending a week camping at Galiwinku in Arnhem Land, living like a king on bush tucker, and then leaving to travel
 to Sydney during the winter. The song expressed his intense longing to be in a boat on a tropical sea.

Public Space: the Journal of Law and Social Justice is the new multi-media peer reviewed online journal published by the Faculty of Law of the University of Technology, Sydney and UTS ePress. Our multi-media capability means that contributors can include photographic, video and sound recordings in their text-based contribution or submit a purely image-based or sound-based contribution. Our first two editions can be viewed at
 http://epress.lib.uts.edu.au/ojs/index.php/publicspace We are now calling for papers for our next two editions due for publication in March 2009 and
 September 2009. The March edition is “On Art”. The September edition is “W(h)ither Human Rights?""