Discrimination and Outrage: The Migration From Civil Rights to Tort Law

ABSTRACT

It is not always appreciated that proven discrimination on the basis of race or sex may not amount to a tort and that even persistenracial or sexual harassment may not be enough to qualify for tort recovery. This Article explores the question of whether discriminatory and harassing conduct in the workplace is or should be considered outrageous conduct, actionable under the tort of intentional infliction of emotional distress. In recent years, courts have taken radically different approaches to the issue, from holding that such claims are preempted to treating the infliction tort as a reinforcement of civil rights principles. The dominant approach views tort claims as mere "gap fillers" that should come into playonly in rare cases that do not fit comfortably under other recognized theories of redress. To place the current approaches in perspective and determine the proper location for harassment claims...

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The Forensic Analysis Of Sediments Recovered From Footwear

ABSTRACT

The forensic analysis of sediments recovered from footwear has the potential to yield much useful information concerning the movements of a person before, during and after a crime has taken place. Three experimental studies and a number of examples of forensic casework provide insight into the complexity of the spatial distribution of geoforensic materials on the soles of footwear and the persistence of these materials over time on the soles and uppers. These findings have implications for both the geoforensic sampling protocols and procedures for footwear submitted for analysis in a criminal investigation and also for the analysis of any materials recovered. The preservation of sediment on a shoe sole will vary, with certain areas generally retaining more sediment than others. The sequential layering of sediments that have been transferred to the shoe will be preserved in some

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The Suspect: A Study in the Psychopathology of Social Standards

Whoever, by word of mouth, behavior, personal appearance or by any other means suggests that he may be a source of harm, or that he may already have hurt us, is called "suspect." There are suspected persons, suspicious facts and equivocal appearances. Suspicion of imminent danger or injury may attach to any person. The defendant in court suspects the mild and gracious looks of the judge because he has heard that one of these "hanging judges" was "a saintly looking old gentleman with flowing white hair, a white beard, a ruddy complexion and a soft, low voice." Bloody Parker of the United States Court in Fort Smith sentenced one hundred and seventy-two men to death. He had abundant white hair and a benevolent spirit. A man who knew him relates: "Off the bench Parker was a gentle,courtly man whom the people of...

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Allegations Of Profiling: How Much Disclosure Of Investigative Records Is Appropriate? By Roger Rowe

Background

208 cards are used by police as part of a strategy called the Toronto Anti Violence Intervention Strategy (“TAVIS”) to record information about persons the police consider to be of interest. TAVIS specializes in proactive policing in what it regards as high crime neighbourhoods. The cards include information such as name, address, date of birth, and skin colour.

208 cards are approximately 3” x 5”, printed on both sides, commencing with the words “Person Investigated.” A 208 card is used to record information about a person stopped by the police and includes information such as name, aliases, date of birth, colour, address, contact location, and time. On the back it has a place for “associates,” such as “gangs, motorcycle clubs, drug treatment court.

Typically police stop a resident in a particular community and start questioning them under the guise of....

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Begging And Bragging: The Self And The Commodification Of Intellectual Activity

There are always risks involved in giving a lecture like this. There is a risk that, in assembling such a broad range of people from so many different parts of one’s life one ends up, in the attempt to interest and please everyone, boring or annoying the entire audience. There are the twin risks of under or over preparing: the first leading to drying up; the latter to the woodenness of delivery that comes from remembering (or, worse, reading) words having almost forgotten the meaning they were originally intended to convey. And of course there is the general occupational risk that every writer, teacher, preacher and politician takes, of simply making a prat of oneself. Being more of a fool than an angel, I have managed to add several further risks to these. I have chosen a title that, even allowing for...

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Brief Screening For Family Psychiatric History

Abstract

Background Brief screens to collect lifetime family psychiatric history are useful in clinical practice and for identifying potential families for genetic studies.

Methods The Family History Screen (FHS) collects information on 15 psychiatric disorders and suicidal behavior in informants and their first-degree relatives. Since each question is posed only once about all family members as a group, the administrative time is 5 to 20 minutes, depending on family size and illness. Data on the validity against best-estimate (BE) diagnosis based on independent and blind direct interviews on 289 probands and 305 relatives and test-retest reliability across 15 months in 417 subjects are presented.

Results Agreement between FHS and BE diagnosis for proband and relative self-report had median sensitivity (SEN) of 67.6 and 71.1 respectively; median specificity (SPC) was 87.6 and 89.4, respectively. Marked decrease in SEN occurred when a single informant...

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The Measurement of Violence in Television Programming: Violence Indices

Questions about the amount of violence in the mass media, pa~ticularly television programming, have been voiced almost since the advent of the media. Senate hearings about television violence were held as early as 1954. These concerns stem from fears that television violence leads to aggres,sive behavior, particularly among the young. An equally controversial subject has been how to define, measure, isolate., and analyze that violence. This paper will examine ways in which television violence has been measured, including violence indices. The discussion will be limited to television, even though there has been research about violence in other mass media. It will also be limited to studies of American television. One of the richest sources of information about television -- its content and effects -- is the 1972 six volume report of the Surgeon General's Scientific Advisory Committee -- Television and Social Behavior. This report...

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Public Opinions Of The Police: The Influence of Friends, Family, and News Media

Executive Summary

Police officers and their supervisors know that news coverage about a citizen’s negative encounter with the police, particularly coverage that erupts to the level of a public scandal, can quickly destroy their efforts to nurture a positive relationship with the public. But what about routine encounters positive or negative that are not covered by mass media? Do they shape the public’s opinion of the police? Do individuals’ vicarious encounters with police encounters they merely hear about from family and friends significantly affect public opinion? The answers to these questions can help police managers decide how best to manage the time and resources they devote to media management and officer training. They also can help officers understand the impact of their everyday encounters with citizens. The Vera Institute of Justice conducted a nine-month study to examine these and other questions about what shapes public opinion

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Column One : Murder Or Natural Causes? : Four Years After Crystal Spencer’s Death, Her Case Remains A Mystery. Following The Trail Leads To Rumors, Theories And Mishandled Evidence.

The death of Crystal Spencer has evolved into a bizarre mystery--a tangled web of rumors and botched evidence, lawsuits and personal obsession.

Nearly four years ago, the 29-year-old topless dancer was found dead in her disheveled Burbank apartment. She was half-nude, her body decomposed beyond recognition. Her telephone was off the hook.

Whether she was murdered, or merely died of a sudden illness, is a lingering question. Authorities labeled the cause of death "undetermined," leaving angry, tormented loved ones to cling to theories: Spencer was killed by the Japanese mafia. Spencer was an FBI informant murdered by strip-club hoodlums. Spencer was strangled by a ruthless suitor.

The case has taken on a "Twilight Zone" quality, as if fate intended some sleight of hand. On the night of her death, the couple downstairs heard what they later described as muffled shrieks and screams, the apparent cries of someone "being tortured." But they never called police...

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Evaluating Multi-Agency Anti-Crime Partnerships: Theory, Design, And Measurement Issues

Abstract:

Inter-organizational partnerships are widely praised as a vehicle for planning and implementing complex, comprehensive community interventions. This article explores conceptual, design, and measurement issues relevant to the evaluation of coalitions, with particular reference to anti-crime initiatives. A general theory of partnerships is outlined that goes beyond organizational models to focus on the complexity of intervention strategies: domains of influence, causal mechanisms, intervention targets, and partnership services. To fill a large gap in our knowledge of coalition effectiveness, impact evaluations should include a mixture of strong research designs with counterfactuals, a theory (or multiple theories) of change, a blend of quantitative and qualitative methods, measurement and analysis at multiple levels, and multiple case studies for understanding the dynamics and external relationships of each partnership. The primary substantive issue for public safety partnerships is the failure to be inclusive, thus undermining their greatest strength....

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Terrorism, Tourism And Worker Unions: The Disciplinary Boundaries Of Fear

Introduction

In last decades, the specialized literature has focused on the impacts of terrorism in tourism and hospitality industries. This essay explores the viewpoint that tourism and terrorism are inextricably intertwined. The essay questions the idea that tourism is a peace keeping mechanism. Rather, tourism is a disciplined way of terrorism, a tolerated form of exploitation based on law. Fundamentally, spectacle and exploitation underlies tourism and terrorism. It begins with a brief review of the history of anarchism, its relationship with worker unions and terrorists, and the notion of Johann Most and his propaganda of the deed, who did not hesitate to advocate killing children and women at restaurants. When terrorists today employ their tactics of terror, fundamentally, they have learned from the lessons of the state. Understanding, not demonizing, the nature of terrorism is a good way to understanding the contemporary political landscape where workers, but not terrorists,...

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Public Opinions of the Police: The Influence of Friends, Family, and News Media

Abstract

Police executives today broadly agree that public support is important both for the legitimacy of the police and the ability of the police to fight crime effectively. While research shows people generally support the police and are satisfied with the way police perform their duties, it also demonstrates that not all segments of society hold equally positive opinions. Yet the determinants of public support are not fully understood. Although research has focused on the influence of personal contacts between the police and civilians or on neighborhood context, other influences remain unexplored. This research asks:

• Does police treatment of citizens impact broader public opinion of the police, as citizens impart these experiences to family, friends, and neighbors? • Is the media’s portrayal of the police an important determinant of public opinion of the police?

We addressed these questions by drawing on monthly “consumer satisfaction” surveys of people

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Intervention & Union Work

Introduction

The contents of this handbook are based on positions adopted at NEC Sessions and National Conventions since 1977. It has been prepared to make the sense of those positions more readily available for the guidance of members who engage in intervention and union activities on behalf of the SLP. Since the guidelines that follow embody the principles as well as the strategy and tactics of the SLP in the fields of intervention and union work, they are binding on all Party members who engage in such activities. It is, therefore, the obligation of members to familiarize themselves with these guidelines before becoming involved in either area, and to be guided by them in all instances where they are applicable. Also, before becoming involved members should consult with and seek the approval of their sections, if they belong to one; or of the NEC, if members-at-large. Thereafter, regular reports should be made by the involved member...

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The ABCX Formula and the Double ABCX Model

The ABCX Formula Besides the Truncated Roller Coaster Profile of Adjustment, Reuben Hill (1949, 1958), based on prior research conducted by himself and others (Angell, 1936; Cavan & Ranck, 1938), developed the ABCX Formula, better known as the ABCX Model, to explain “the crisis-proneness and freedom from crisis among families” (Hill, 1958, p. 143). Although Hill referred to the components of the ABCX Formula in his 1949 work, he did not label the components as A, B, C, and X until 1958. The ABCX Formula is the basis of most family stress models, leading Hill to be called the father of family stress theory (Boss, 2002). The ABCX Formula focuses primarily on precrisis variables of families: A (the crisis-precipitating event/stressor) interacting with B(the family’s crisis-meeting resources) interacting with C (the definition the family makes of the event) produces X (the crisis).

A. The Crisis-Precipitating Event/Stressor Hill (1958) used the terms crisis-precipitating event and stressor...

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Sabotage, Stalking & Stealth Exemptions: Special State Laws For Labor Unions

Introduction

For more than a century, labor law in the United States has been the source of numerous and often passionate debates about the role of unions in the workforce. Over the years, this has resulted in several significant changes in federal policy. The National Labor Relations Act of 1935, the Taft-Hartley act of 1947, and the Labor-Management Reporting and Disclosure Act of 1959 represent significant federal legislation that has shaped the landscape for interactions among workers, employers, and unions. While the federal government plays the leading role in the relationships among the three aforementioned groups, state governments also have the power to establish certain ground rules. This is particularly true for public employees, but state governments can also set labor policies in the private sector as long as they do not interfere with the scheme established by federal laws and regulations. One of the most obvious examples is the...

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Shame and Humiliation: From Isolation to Relational Transformation

Abstract

This paper is a discussion of shame and humiliation that goes beyond individualistic perspectives, offering a broader, relational analysis of these profound and complex experiences. In addition to defining and examining the harmful consequences of various forms of derision and degradation, the authors explore clinical encounters with shame and humiliation, present a case, and describe relational practices that can transform shame and humiliation into opportunities for growth and greater connection.

A Relational Conceptualization of Shame and Humiliation Linda Hartling, Ph.D.

While most of us can think of at least one occasion in which we felt shamed or humiliated, in many instances these types of experiences are difficult to identify, difficult to acknowledge, and difficult to express. To recount experiences of shame or humiliation, we risk revisiting painful images of being devalued, disempowered, or disgraced, perhaps triggering or reinforcing further feelings of shame. Yet, below...

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