American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

/pdf/current-index-to-legal-periodicals-8re353ze53.pdf

Current index to legal periodicals

Based on an integration of work on uncertainty avoidance in decision making with research on causal attribution in punishment, the author hypothesizes that judges attempt to manage uncertainty by developing “patterned responses” that are the product of an attribution process involving assessments of the offender's likelihood of committing future crime. Washington, D. C, felony sentencing data generated by the Prosecutor's Management and Information System (PROMIS) were used to test this integrated theoretical model. Support for the theoretical integration is provided by the evidence of the effects of prior record, defendant's race, use of a weapon, pretrial release, and the interaction between defendant's race and bail outcome on sentence severity. Contrary to common suppositions, information on defendant-victim relationship and victim provocation was unrelated to sentence severity. Further research should examine judges' attempt to reduce uncertainty by relying on stereotypes and attributions linked to the likelihood of recidivism.

An integration of theories to explain judicial discretion.

Issues of selection bias pervade criminological research. Despite their ubiquity, considerable confusion surrounds various approaches for addressing sample selection. The most common approach for dealing with selection bias in criminology remains Heckman’s [(1976) Ann Econ Social Measure 5:475–492] two-step correction. This technique has often been misapplied in criminological research. This paper highlights some common problems with its application, including its use with dichotomous dependent variables, difficulties with calculating the hazard rate, misestimated standard error estimates, and collinearity between the correction term and other regressors in the substantive model of interest. We also discuss the fundamental importance of exclusion restrictions, or theoretically determined variables that affect selection but not the substantive problem of interest. Standard statistical software can readily address some of these common errors, but the real problem with selection bias is substantive, not technical. Any correction for selection bias requires that the researcher understand the source and magnitude of the bias. To illustrate this, we apply a diagnostic technique by Stolzenberg and Relles [(1997) Am Sociol Rev 62:494–507] to help develop intuition about selection bias in the context of criminal sentencing research. Our investigation suggests that while Heckman’s two-step correction can be an appropriate technique for addressing this bias, it is not a magic solution to the problem. Thoughtful consideration is therefore needed before employing this common but overused technique.

https://ccjs.umd.edu/sites/ccjs.umd.edu/files/pubs/HeckmanCorrection.pdf

Is the Magic Still There? The Use of the Heckman Two-Step Correction for Selection Bias in Criminology

The Sentencing Reform Act of 1984 mandated major restructuring of federal sentencing through specific sentencing guidelines. New sentencing guidelines developed by the United States Sentencing Commission and adopted in 1987 explicitly linked sentencing to "relevant conduct"-offense characteristics-and sought to abolish unwarranted sentence disparity. The guidelines substantially reduced judicial discretion and resulted in a criminalization and sentencing process that is largely prosecutor controlled. The author has generated hypotheses that relate defendant characteristics, guilty pleas, and departures from sentencing guidelines to sentence outcomes under the federal sentencing guidelines. She first examined the variables influencing sentence severity for the drug offenders who were sentenced in 1991-92. She then explored the interaction effects by estimating the tobit equation separately for three groups-black, white, and Hispanic defendants-to discover whether defendant's ethnicity conditions the effect of other defendant characteristics, guidelines-defined legally relevant variables, guilty pleas, and departures on sentence severity. Her analysis reveals that disparity in federal sentencing of drug offenders is linked not only to offense-related variables, as structured by the guidelines, but also to defendant characteristics such as ethnicity, gender, educational level, and noncitizenship, which under the guidelines are specified as legally irrelevant. Under the Sentencing Reform Act of 1984, Congress established the United States Sentencing Commission and charged it with the task of designing a sentencing structure that would avoid "unwarranted sentencing disparity among defendants with similar records who had been found guilty of similar criminal conduct" (28 U.S.C. 991(b) (1) (B) (Supp. 1993)). In November 1987 the Federal Sentencing Guidelines were enacted. Among social scientists, legal scholars, and court officials, the sentencing guidelines ignited a debate over the legal and social consequences of the new structure of sentencing. The focus of my research is to explore empirically three issues that are central to the goals of federal sentencing reform and the policy debate that has emerged since state reform efforts began in the 1970s. My first concern is to estimate empirically the direct effect on the length of imprisonment of defendant characteristics (e.g., ethnicity, gender, education, number of dependents, which are explicitly stated in the federal guidelines as legal irrelevant; see U.S. Sentencing Commission 1989: 5H1.1-5Hl.10). Drawing on my earlier work (Albonetti 1991), I specify hypotheses that reflect the merger of uncertainty avoidance/causal attribution theoretical perspectives. My second concern is to estimate the direct effects on sentence outcomes of guilty pleas and of sentences that depart from the guidelines. Although the federal guidelines substantially reduce the wide latitude of discretion once enjoyed by sentencing judges, the guidelines do not restrict prosecutorial discretion. Numerous legal scholars and social scientists argue that the federal sentencing guidelines shift discretion away from sentencing judges to prosecuting attorneys (Tonry 1996; Standen 1993; Nagel & Schulhofer 1992, to name a few). Under the federal guidelines, a prosecuting attorney can circumvent the guidelinedefined sentence through charging, guilty plea negotiations, and motions for a sentence that is a departure from the guideline sentence. As noted by Nagel and Schulhofer (1992), the guidelines' emphasis on directly linking sentence outcomes to relevant conduct was intended as a structural constraint that would eliminate unwarranted disparity resulting from judicial control over sentencing. However, in the absence of constraints on prosecutorial discretion over charging decisions, guilty plea negotiations, and motions for "substantial assistance"'l departures, these process-related decisions offer potential avenues through which prosecutors can circumvent guideline-defined sentence outcomes. …

Sentencing under the Federal Sentencing Guidelines: Effects of Defendant Characteristics, Guilty Pleas, and Departures on Sentence Outcomes for Drug Offenses, 1991-1992

Food insecurity became recognized as a problem in Canada in the early 1980s when community groups began to establish charitable food assistance programs in response to concerns that people in their midst were going hungry. Since then, the number of Canadians affected by food insecurity has grown, but food charity remains the primary response. Children's feeding programs, prenatal nutrition programs, and a number of smaller scale, community development programs have also been instituted. However, growing recognition of the limitations of these efforts to address food problems rooted in chronically inadequate household incomes has led to a renewed emphasis on advocacy for social policy reforms.

Household Food Insecurity in Canada

Mean Streets: Youth Crime and Homelessness

This paper proposes a structural theory of white-collar crime and punishment. The fundamental premise of this theory is that class position, measured in relational rather than more traditional gradational terms, influences white-collar criminal behavior as well as its punishment. Using data collected through interviews with investigators involved in the prosecution of securities violators over a seventeen-year period in Ontario, it is demonstrated that the punishment of white-collar crime is not only a function of class position, but also of the kinds of organized white-collar criminal behavior that certain class positions make possible. This is the first analysis to include data on persons charged under noncriminal as well as criminal statutes, a distinction that proves crucial in understanding the class structure and legal sanctioning of the kind of white-collar crime considered.

http://www.jstor.org/stable/pdfplus/2095541.pdf

White-Collar Crime and Punishment: The Class Structure and Legal Sanctioning of Securities Violations

Nearly 400,000 Africans may have been killed in racially motivated, lethally destructive, state supported, and militarily unjustified attacks on the farms and villages of the Darfur region of Sudan. Using victimization survey data collected from Darfurian survivors living in refugee camps in Chad, and drawing on conflict theory, we present evidence that the Sudanese government has directly supported violent killings and rapes in a lethally destructive exercise of power and control. In the language of the Geneva Genocide Convention, these attacks have inflicted on African tribal groups “conditions of life calculated to bring about their physical destruction in whole or in part.” The data include explicit evidence of the central mediating role played by racism in the attacks. There is little or no evidence from the surveys to support the claim of the Sudanese government that the attacks have been aimed at rebel groups as a counter-insurgency strategy. The Sudanese government claims are by this analysis not credible as self-defense arguments, but rather of the exercise of power and control through denial. Further forms of such denial are considered, including the slowness of modern American criminology to advance the study of genocide.

The criminology of genocide: the death and rape of darfur

In this article we empirically assess the benefits of mentorship across a diverse range of extrinsic and intrinsic career rewards. Using an integrated model, we investigate the ways in which characteristics of the organization, as well as characteristics of both proteges and mentors affect the outcomes of mentoring relationships. Our study includes two samples: new law school graduates and a more seasoned cohort of established lawyers. Our results reveal the unique contributions of career and psychosocial mentor functions to early and established careers, as well as the substantial rewards of informal and multiple mentors to the career paths of professionals.

https://papers.ssrn.com/sol3/Delivery.cfm/lapo_285.pdf?abstractid=1335631&mirid=1&type=2

Principals in Practice: The Importance of Mentorship in the Early Stages of Career Development

Although research finds that foreign-born youth often enjoy greater educational attainments than domestic-horn youth, we do not have a coherent theoretical explanation of why this happens. We operationalize individual and structural factors with measures of planful competence and social capital; both of these independently predict educational attainment, and measures of occupational attainment further indicate that these educational histories may have lifetime effects. Although the data do not provide blanket evidence for a positive effect of youthful immigration on educational attainment, bilingual foreign born students do enjoy a greater likelihood of university attendance than other students, while age at immigration is related to attachment to school and planful competence, which axe key variables in understanding educational and occupational attainment. This paper suggests these students do well because they can draw on the resources of both ethnic and non-ethnic communities; these foreign-born youth may be well-positioned to make competent choices, leading to successful personal outcomes. Resume : Les recherches indiqueat que les jannes nes a l'etranger connaisseat souvent de plus grandes reussites scolairas que ceux nes au pays, mais il n'existe pas d'explication theorique coherente des causes du phenomene. Nous operatioanalisons les facteurs individuels et stracturels avec une mesure de la competence a planifier et du capital social; pris individuellement, cas deux elements predisent la reussite scolaire; qui plus est, une mesure de la reussite professionnelle semble indiquer une repercussion de cet actif scolaire tout au long de la vie. Bien que les donnees n'apportent pas la preuve generalisee d'un effet positif de l'immigration pendant la jeunesse sur la reussite scolaire, on constate deux choses : que les eleves bilingues nes a l'etranger sont plus susceptibles que les autres d'aller a l' universite; et que l'age au moment de l'immigration influe sur l' attachement l'ecole et sur la competence a planifier, deux variables cles quand il s'agit de comprendre la reussite scolaire et professionnelle. Le present article suggere que, si les elevas en question reussissent, c'est parce qu'ils ont la possibilite d'exploiter les ressources de la collectivite generale et celles de la communaute ethnique; il se peut que ces jeunes nes a l'etranger soieat ainsi bien places pour faire des choix competants, dant decoulant des resultats personnels pesitifs. The study of educational attainment has been characterized by two modes of inquiry: the first tends to focus on structural determinants, while the second is a more individual-level examination of the factors differentiating successful students from their less successful counterparts. Much of the research in this area, however, has not integrated these two modes of inquiry, providing a limited perspective on an adolescent's journey through the educational system. This article seeks to integrate individual choices and structural determinants in assessing the educational attainment of immigrant youth, thereby recognizing the structures of opportunity in which educational decisions are made (Shanahan, Elder and Miech, 1997). In focussing on agency and structure in determining educational attainment, this study examines the educational histories of immigrant youth in a Canadian suburb. These foreign-born youth are distinct from second generation, Canadian-born children of immigrants. Having immigrated to Canada before reaching adulthood, these youth lie in between "first" and "second generation" immigrants (Rumbaut, 1991; Zhou, 1997). However, despite increased evidence suggesting that immigrant-born youth in Canada and the US enjoy high levels of educational attainment (similar to, and often higher than, domestic-born youth), the separation of agency and structure in these analyses has limited the explanatory power of this research. The result is that we do not yet have a coherent theoretical explanation for the educational attainment of immigrant youth (c. …

/pdf/choice-and-circumstance-social-capital-and-planful-1n31hjuyyz.pdf

Patricia Parker

Papers

Mean Streets: Youth Crime and Homelessness

White-Collar Crime and Punishment: The Class Structure and Legal Sanctioning of Securities Violations

The criminology of genocide: the death and rape of darfur

Principals in Practice: The Importance of Mentorship in the Early Stages of Career Development

Choice and Circumstance: Social Capital and Planful Competence in the Attainments of Immigrant Youth *