Rethinking Criminal Law and Family Status

In our recent book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (OUP 2009), we examined and critiqued a number of ways in which the criminal justice system uses family status to distribute benefits or burdens to defendants. In their review essays, Professors Alafair Burke, Alice Ristroph & Melissa Murray identify a series of concerns with the framework we offer policymakers to analyze these family ties benefits or burdens. We think it worthwhile not only to clarify where those challenges rest on misunderstandings or confusions about the central features of our views, but also to show the deficiencies of the proposed alternatives. While we appreciate and admire the efforts of our critics to advance this important conversation, we hope this Essay will illuminate why the normative framework of Privilege or Punish remains a more helpful structure to policymakers assessing how family status should intersect with the criminal law within a liberal democracy such as our own

Exploring the Use of CAM and Its Influence on the Spiritual Lives of Christian Religious Professionals

Religion and the Church; medicine and healing. Interconnected before the time of Descartes, these integral domains have experienced significant change in recent decades as people have become disillusioned with conventional biomedicine and institutional Christianity. More people are seeking holistic forms of healing—perhaps once again reuniting body, mind, and spirit, as a bone resetting from a centuries-old fracture or dislocation. The purpose of this research is to explore the use of Eastern and energy-based forms of complementary and alternative medicine (CAM) by Christian religious professionals. Based on a qualitative culture of inquiry, we conducted 10 semi-structured, in-depth interviews with individual clergy members, chaplains, spiritual directors, and religious educators/professors, representing diverse denominational affiliations. Following thematic data analysis, results suggest some Christian professionals experience a significant paradigm shift in their spiritual lives concurrent with their CAM use, as they embrace a more open view of spirituality. Results also indicate an increased awareness of the interconnectedness of mind-body-spirit, and a greater propensity for self-care. Implications for future research include expanding the sample size of participants and widening the scope to include more diversity, as well as implications for churches and clergy health are also provided. The findings provide insight for the trending phenomena of medical and spiritual pluralism

Criminal Justice and the Challenge of Family Ties

This Article asks two basic questions: When does, and when should, the state use the criminal justice apparatus to accommodate family ties, responsibilities, and interests? We address these questions by first revealing a variety of laws that together form a string of family ties subsidies and benefits pervading the criminal justice system. Notwithstanding our recognition of the important role family plays in securing the conditions for human flourishing, we then explain the basis for erecting a Spartan presumption against these family ties subsidies and benefits within the criminal justice system. We delineate the scope and rationale for the presumption and under what circumstances it might be overcome. When the presumption is overcome, we urge distributing the benefit on terms that are neutral to family status, if possible, with a focus instead on functions served by established relationships of care-giving responsibility

Asset, liability, possibility: Metaphors of human difference and the business case for diversity

Purpose – This analysis draws on interviews with 19 self-identified US diversity consultants and 94 diversity statements posted on corporate websites. The findings challenge existing literature that characterizes the business case for diversity as monolithic and wholly problematic for the way it constructs understandings of human difference. The authors accomplish this using metaphor analysis to demonstrate how business case arguments incorporate three metaphorical systems for thinking and speaking about human differences – as asset, as liability and as possibility. Given this diversity of metaphors, the business case does not construct human difference in a monolithic way, but in a variety of ways that both challenge and sustain problematic treatments of difference. The authors argue scholars and practitioners should attend to these nuanced difference within the discourse of the business case, and more carefully consider how these metaphorical systems both enable and constrain the design and execution of diversity work in organizations. The paper aims to discuss these issues. Design/methodology/approach – The analysis draws on two data sets: initial interviews with 19 self-identified US diversity consultants analyzed using metaphor analysis. To triangulate findings, the metaphorical framework was applied to 94 diversity statements posted on corporate websites. Findings – Business case arguments operate according to three root metaphors of human difference: human difference as asset, human difference as liability and human difference as possibility. This challenges existing literature that treats the business case as a monolithic discourse. Research limitations/implications – This analysis offers the three metaphorical system and highlights the “constrained capacity” of each. This framework offers an analytical and practical tool for scholars and practitioners, enabling them to more thoroughly understand and respond to their unique organizational and socio-historical context. It also provides a way to analyze how concepts of difference are mobilized across social and historical contexts. Practical implications – The findings offer the “constrained capacity” that is, the strategic limitations and possibilities for practitioners who use the business case in their diversity work. This enables more skilled and ethically informed diversity initiatives. Social implications – The findings offer insight into the subtle ways that hierarchies of human difference embedded in US history are subtly reinforced and made present through language. This enables social justice workers to better challenge problematic constructions of human difference and create new understandings when needed. Originality/value – This piece makes two significant original contributions to existing literature. It offers more nuance to both critical and uncritical analyses of the business case by showing the diversity of business case assumptions about human difference as demonstrated in three different metaphorical systems and highlighting the constrained capacity of three different metaphorical systems. It offers unique analysis grounded in contemporary discourses, but correlated to historical systems of thought. This enables empirical identification of how certain types of thinking about human difference move across socio-historical contexts

New Criminal Law Review Symposium on Privilege or Punish: Criminal Justice and the Challenge of Family Ties

This symposium includes three review essays by Professors Doug Berman, Naomi Cahn, and Jack Chin. The review essays are focused on a recent book by Professors Dan Markel, Jennifer M. Collins and Ethan J. Leib entitled \u27Privilege or Punish: Criminal Justice and the Challenge of Family Ties\u27 (Oxford 2009). You can download the entire book for free at http://ssrn.com/abstract=1677503. In addition to the three review essays, the collection includes an essay by the book\u27s authors that serves as a reply to this set of critiques. Collectively, we are grateful to the New Criminal Law Review, which is hosting this collection in an upcoming issue. The essays are titled, respectively: Berman: Digging Deeper into, and Thinking Better about, the Interplay of Families and Criminal Justice Cahn: Protect and Preserve? Chin: Mandatory, Contingent, and Discretionary Policy Arguments Collins, Leib & Markel: (When) Should Family Status Matter in the Criminal Justice System

New Criminal Law Review Symposium on Privilege or Punish: Criminal Justice and the Challenge of Family Ties

This symposium includes three review essays by Professors Doug Berman, Naomi Cahn, and Jack Chin. The review essays are focused on a recent book by Professors Dan Markel, Jennifer M. Collins and Ethan J. Leib entitled \u27Privilege or Punish: Criminal Justice and the Challenge of Family Ties\u27 (Oxford 2009). You can download the entire book for free at http://ssrn.com/abstract=1677503. In addition to the three review essays, the collection includes an essay by the book\u27s authors that serves as a reply to this set of critiques. Collectively, we are grateful to the New Criminal Law Review, which is hosting this collection in an upcoming issue. The essays are titled, respectively: Berman: Digging Deeper into, and Thinking Better about, the Interplay of Families and Criminal Justice Cahn: Protect and Preserve? Chin: Mandatory, Contingent, and Discretionary Policy Arguments Collins, Leib & Markel: (When) Should Family Status Matter in the Criminal Justice System

Climate change drives poleward increases and equatorward declines in marine species

Marine environments have increased in temperature by an average of 1°C since preindustrial (1850) times [1]. Given that species ranges are closely allied to physiological thermal tolerances in marine organisms [2], it may therefore be expected that ocean warming would lead to abundance increases at poleward range edges, and abundance declines towards the equator [3]. Here we report a global analysis of abundance tends of 304 widely distributed marine species over the last century, across a range of taxonomic groups from phytoplankton to fish and marine mammals. Specifically, using a literature database we investigate the extent that the direction and strength of longterm species abundance changes depend on the sampled location within the latitudinal range of species. Our results show that abundance increases have been most prominent where sampling has taken place at the poleward edges of species ranges, while abundance declines have been most prominent where sampling has taken place at the equatorward edge of species ranges. These data provide evidence of omnipresent large-scale changes in abundance of marine species consistent with warming over the last century, and suggest that adaptation has not provided a buffer against the negative effects of warmer conditions at the equatorward extent of species ranges. On the basis of these results we suggest that projected sea temperature increases of up to 1.5°C over pre-industrial levels by 2050 [4] will continue to drive latitudinal abundance shifts in marine species, including those of importance for coastal livelihoods