ELMs disease: Stewardship, corporatism and citizenship in the English countryside

Varying concepts of citizenship, implicit within policy providing countryside access opportunities in England and the sometimes contrasting political rhetoric concerning citizenship, are evaluated here. The focus for this paper surrounds the Countryside Stewardship Scheme and, generically, the access elements of Environmental Land Management schemes (ELMs) and the implications of the 1994 Criminal Justice and Public Order Act in this context. Policy formulation in respect of countryside access may not be prepared considering the philosophical implications for citizens rights or property rights constructions. However, it is hypothesized that particular modes of regulation and commodification (of certain countryside goods) are imbued with certain values which reflect a neo-Liberal political philosophy. This view is contextualized within present theoretical debates concerning rural society.     

The Child Client

In court cases involving children the child is often a party to proceedings and is thus entitled to Legal Aid and representation by a solicitor. This representation of the child happens not just in youth courts under the Criminal Justice Act 1991 but also in Family Courts in proceedings under the Children Act 1989. This article looks at how a solicitor ascertains whether a child client is competent to give instructions and offers information on the techniques employed by the solicitor in communicating with the child, especially in proceedings under the Children Act.     

Creating Enforceable Civil Rights for Disabled Students in Higher Education: an institutional theory perspective

The Titles II and III of the Americans with Disabilities Act of 1990, building on the Section 504 of the Rehabilitation Act of 1973, have been relatively effective in securing enforceable civil rights for disabled students in higher education in the United States. In contrast, the Disability Discrimination Act of 1995 and any related previous pieces of legislation have persistently excluded these students in the United Kingdom, making, by default, any discrimination against them legal. However, the Government has started the legislative rule making process to include higher education under the new legislation, based on the final report of the Select Committee on Education and Employment of House of Commons and the final report of the Disability Rights Task Force. The paper argues that close examination of these reports as well as the Government's most recent consultation paper, 'Rights for Disabled People in Education', reveals a path which is unlike the path that followed during the rulemaking process leading to the Americans with Disabilities Act of 1990. In other words, it is likely that disabled students would continue to be subjected to potential discrimination despite the inclusion of higher education under the new proposed legislation and despite special disability funding provided to universities for disabled students. Disability civil rights advocates have an important role to play in the current rule-making process to create enforceable civil rights for disabled students in higher education.     

Prevalence of Traumatic Events and PTSD Symptomatology Among a Selected Sample of Undergraduate Students

Abstract

University faculty and mental health counselors often work with students in distress which may be related to their experiences with traumatic accidents, interpersonal violence, or natural disaster. Traumatic events can have long-lasting effects, which include somatic complaints, substance abuse, “flashbacks,” and a reduction in memory and recall. The purpose of this study is to identify the number, types and severity of traumatic events that occur among a student sample from three academic departments (Sociology and Criminal Justice, Social Work, and Human Development) at a rural southern university. The sample of 234 undergraduate students confirmed previous research regarding the high number of self-reported traumas among college students. The study found that college-aged women are much more likely than men to report trauma and to seek counseling and treatment for its effects. Significant differences were noted in distributional patterns for men and women when reporting exposure to stressful events. The study's findings serve as an important indicator of the need for prevention, early recognition, and treatment for trauma victims. Suggestions are also provided to assist administrators in implementing the appropriate workplace and academic accommodations for PTSD victims under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Section 504).     

The More Things Change the More They Stay the Same: Mexican Naturalization before and after Welfare Reform1

During the last decade there has been a dramatic increase in the both the number and the rate of Mexican naturalization. Some have interpreted this increase as a response to changes in welfare and immigration policy surrounding the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which limited public assistance to non‐citizens, and the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which may have increased the incentive to naturalize by making it more difficult for legal immigrants to sponsor their relatives for entry to the United States. This article uses Current Population Survey data from 1994/95 and 2000/01 to examine how the social and economic determinants of naturalization may have changed in order to provide insight into which explanation for the increase in naturalizations is most relevant. We find that while the proportion of Mexican immigrants who are naturalized increased during the 1990s, their determinants have remained largely the same with the exception that those with noncitizen spouses have become more likely to be naturalized in the post‐reform period. This suggests that a more cautious interpretation be taken about the relationship between the increase in naturalizations and welfare and sponsorship restrictions, particularly when regarding Mexican immigrants.     

Implementation of Congressional intent: a study of amnesty policy and the Immigration and Naturalization Service

Despite the passage of the Immigration and Control Act of 1986 (IRCA) the United States Border Patrol arrested about 1 million illegal aliens crossing the border in 1990. This phenomenon suggests that the IRCA has failed to control illegal immigration to the United States. Structural analysis of its implementation by the Immigration and Naturalization Service (INS) was analyzed. Under an agreement with the INS to process illegal workers, community-based organizations in Arizona and New York became certified Qualified Designated Entities (QDEs). In 1988 the INS carried out a study to measure the impact of IRCA and solicited data from 9 QDEs. Data were obtained from 308 illegal aliens who failed to apply for amnesty and another 286 temporary legal residents. In the New York study information was collected from the QDEs between 1987 and 1989, and also in the summer of 1989 a group of 171 amnesty applicants were surveyed. All QDEs stated that implementation was hampered by excessive documentation, lack of strong family unification provisions, the financial cost of seeking legalization, and a fear of the INS. The Arizona and New York studies indicated that excessive documentation, fear of the INS (46% in New York), and fear of family separation (47% in New York) were the major factors why the targeted people did not come forward. Instead of seeking a proper balance between the written words of IRCA and the intent of Congress, INS developed guidelines that ignored the relevant facts presented by respected QDEs and Latino groups. In reality, INS sought to prevent illegal entry through amnesty offices throughout the United States. The eligibility requirements issued by the INS for amnesty served to limit and constrain participation in that program.     

Feminist criminology and probation practice: The implications for teaching DipSW probation courses

This paper considers the impact of Feminist Criminology upon the teaching of DipSW Probation Streams. Paper 30 (CCETSW, 1991) and an increasing body of Feminist criminological research and literature makes it imperative that gender is incorporated as a central feature of Probation training if the perpetuation of discrimination against women in Criminal Justice is to be avoided. Both the content of courses and the processes by which they are delivered needs to be addressed. The Probation Service has a key role in the assessment process pre-court, in the court arena, and in supervising women offenders in the community. The training of future officers could positively contribute to practice change in these areas, and this paper explores what courses should deliver in order to aid this process. In addition to content and process recommendations, the paper recognises the wider gender inequalities institutionalised both within Probation and the Criminal Justice system. This is the context within which students are taught, and within which existing oppressions are learned. The limits of this constraint upon achieving DipSW programme change are acknowledged and partly resolved.     

How do we value our children today? as reflected by children's health,health care and policy?

SUMMARY. The importance of children in their own right and of their healthy development for the health of society, have been affirmed at an international level by the United Nations Convention on the Rights of the Child in 1989 and by the Children Act 1989 in the United Kingdom. In the UK fifteen years ago, the report of the Court Committee set out a framework for Child Health Services based on the same recognition of the value of children. This paper describes how in spite of the far-reaching recommendations made by the Court Committee, the health of children in this country is far from satisfactory; how health policy and services have failed to meet their health care needs; and how other recent legislation such as the NHS and Community Care Act may well lead to further difficulties in working for the best interests of the child.     

Racialization and Muslims: Situating the Muslim Experience in Race Scholarship

This article reviews how racialization enables an understanding of Muslim and Muslim American experience as racial. Race scholarship in the United States has historically been a Black/White paradigm. As a result, the experiences of many racial and ethnic groups who have become a part of the American landscape due to the passage of the Immigration and Nationality Act of 1965 have largely been ignored in race scholarship. By reviewing racialization and its application to Arabs and Muslims, it is apparent that scholars must continuously explore newer theories and languages of race. Racialization not only provides a way to understand the fluidity of race and racism but it also contributes to the advancement of race scholarship by reflecting on the current contextual influences on race.     

#FamiliesBelongTogether: Facts and Fictions of Race and Family in U.S. Immigration Policy

Family reunification is widely seen as a relatively stable feature of the contemporary U.S. immigration regime protected by the nation’s liberal democratic institutions and humanitarian values. Drawing on critical scholarship that situates immigration policies in racial nation‐building projects, this article explores the development of U.S. family‐based admission policies from 1965 to the early 2000s. I bring attention to the role of racial family logics in the changing character and meaning of these policies. Racial family logics reflect the emergent and contested ways in which families are both idealized and institutionally organized in relation to the state, the economy, and other social institutions to support racial projects. A normative conception of “the family” as a white, heterosexual, male wage earner, nuclear household unit informed the 1965 U.S. Immigration and Nationality Act and its emphasis on family‐based admissions. However, by the 1990s, the landscape of immigration, race, and family in the United States had shifted quite dramatically. The family‐based admissions system was now associated with immigrants from Asia and Latin America rather than Europe. The “browning” of the system was accompanied by its incorporation into racialized projects of state discipline, surveillance, and control over those deemed “undeserving” in relation to neoliberal values of self‐reliant and self‐regulating families.     

The Border Thickens: In‐Securing Communities after IRCA

This article analyses a certain ‘thickening of the border,’ a term I coin to underscore a certain blurring of the insides and the outsides of the United States with respect to Latin American, primarily Mexican, immigration. In making this intervention, the article underscores the linkages among a dark legacy of the Immigration Reform and Control Act (IRCA), the militarization of Border Patrol policing practices in the southwestern United States, and “Secure Communities,” a mammoth immigration policing program across much of the United States.     

Trends in Socioeconomic Achievement among Immigrant and Native-Born Asian-Americans, 1960–1976*

The first waves of Asian immigration to the United States were halted by exclusionary and racist legislation in the late nineteenth and early twentieth centuries. With the reforms of the 1965 Immigration Act, there has been a resurgence of immigration from Asia. This study analyzes changes in the socioeconomic composition of immigrant and native-born Asian-Americans (Japanese, Chinese, and Filipinos) from 1960 to 1976. The educational levels of all Asian groups, immigrant and native-born, have equaled or exceeded those of whites in recent years. Asians are more likely to be found in professional occupations than are whites, although there is also a concentration of immigrant Chinese and Filipinos in service occupations and the retailtrade sector. Native-born Asian-Americans have reached parity with whites in terms of average earnings, though immigrant Asians remain far behind. The findings are discussed in light of the changing structural conditions and opportunities of Asians in American society.     

Occupational status and mobility among undocumented immigrants by gender

Immigration has long been a national and state concern. The 1989 Legalized Population Survey (LPS-1) collected data on illegal immigrants to the US who subsequently became legalized aliens under the provisions of the 1986 Immigration Reform and Control Act. These data are used in a study assessing whether undocumented male and female immigrants improve their earnings and occupational status over time and the extent of variation in occupational status and mobility by gender and region. The data indicate that both undocumented men and women, on average, improved their earnings and occupational status between their first jobs in the US and their jobs just before applying for legalization under the 1986 Immigration Reform and Control Act. However, the earnings, occupational status, and occupational mobility of men were greater than for women.     

Protecting the child witness in the courtroom

The 1988 and 1991 Criminal Justice Acts have transformed the law and procedure governing the appearance of children as witnesses in criminal trials. Traditional legal constraints such as the competency test, the requirement of corroboration, the special warning to the jury and the hearsay rule have all been abolished or extensively qualified. In addition, the 1988 Act introduced a major procedural change in the form of the video-link which was designed to make it easier for children to give their evidence. A survey of existing research confirms that children do find the giving of evidence in open court stressful and that the experience may have long-term adverse consequences. A study for the Home Office indicated widespread acceptance of the use of the video-link among courtroom personnel and observational data confirm its effectiveness in empowering children's testimony. The 1991 Act allows pre-recorded video-taped interviews to be admitted as evidence in criminal cases but retains live cross-examination via the link. The legal requirements of such interviews will place heavy demands on interdisciplinary cooperation in training and the establishment of good practice. The impact of this novel scheme on child witnesses and the court deserves rigorous evaluation.     

Traveller children and the state: Welfare or neglect?

Travellers' historical experience is of persecution. Recent policy in England and Wales reflects assimilation or exclusion, with Travellers facing the paradox of pressure to settle and insufficient sites because of the failure to implement legislation. The conditions for many Travellers are damaging, and undermine access to other rights and services. Children are particularly severely affected, resulting in societally imposed neglect. Traveller children's low health status and the negative effects on their development are documented in practice reports, seminars and research. Policy trends have culminated in the Criminal Justice and Public Order Act 1994 which removes rights and increases penalties for travelling, and is likely to exacerbate an already problematic situation for many Traveller children. Welfare services both have contributed to and can counteract this societal neglect. Problems of access and service delivery are outlined in relation to health, education and social services, and new service developments described. Key criteria for positive practice are found to be common to these areas of welfare provision, and include anti-discrimination and cultural respect, outreach and community-oriented work; hand-held records; specialist provision focused on immediate needs and commitment to mainstream change; flexibility and inter-agency development work; and advocacy and campaigning alongside Travellers.     

The British are not coming!: UK higher education and the nonprofit sector

The rationale for the growth of nonprofit management education in the United States has recently been charted by O'Neill (2005). Ten years previously, the United States and the United Kingdom were at similar levels of development. By 2006 the parallel lines had been broken. Why has nonprofit management education expanded in the United States while provision of graduate education for the voluntary sector in the United Kingdom has stood still? This article explores the factors that have prevented parallel growth in education provision. It argues that the university as an institution, both in terms of its nature and its power structures, is one of those factors. It presents the story of the closing of the world's first voluntary sector course at the London School of Economics and concludes with reflection on the likely future of voluntary sector management education provision in the United Kingdom.     

Merchandizing the Sacred: Commodifying Hindu Religion,Gods/Goddesses,and Festivals in the United States

The Immigration and Nationality Act of 1965 opened the gates for immigrants from India, who have come to the United States for various reasons other than religion. Their religious consciousness has grown along with the age of their children who are born in the United States. They have felt the need to retain and hand down their tradition and culture. In the process, sustaining their tradition and culture has become equivalent with religion, so they express it through rituals and festivals. With these festive observances has developed an intimate connection between commerce and religion, fashion and festival, celebration and consumption. In this scholarly essay, I analyze how Hindu religion has succumbed to the world of advertisements, mass production, and marketing in the United States. This aspect is significant because it gives an opportunity to conceptualize a larger transnational space that deals with Hindu religious practices and sees the participation of retailers and businesses located in various Hindu diasporic spaces using various marketing media strategically.     

Current trends and patterns of female migration: evidence from Mexico

"This study uses a new source of data to assess trends and patterns of female migration from Mexico. Data were collected from migrants interviewed in ten Mexican communities from 1987 through 1990, as well as from outmigrants from those communities who were later located in the United States. The first part of the analysis examines changes in migrant behavior throughout the 1980s by estimating trends in the probability of first-time and repeat migration and by assessing the impact of the Immigration Reform and Control Act (IRCA) on these trends.... The study then considers the determinants of female Mexican-U.S. migration by examining whether and how women's recent moves reflect their personal characteristics, the resources in their households, or a process of family reunification." This paper was originally presented at the 1992 Annual Meeting of the Population Association of America.     

Immigrant Trip Duration: The Case of Immigrants from Western Mexico1

This article uses data from the Mexican Migration Project to determine the factors that affect how long Mexican immigrants stay in the United States. Based on the estimates of a discrete‐time hazard model, the most important predictors of duration are the economic opportunities for immigrants in the United States, the household resources before migration, and the opportunities available at the immigrant's community of origin. The article also finds longer trip duration after the Immigration Reform and Control Act than in previous years and important differences between male and female migrants.