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Gloria Dawson - One of the best experts on this subject based on the ideXlab platform.

  • self precarization and the spatial imaginaries of property Guardianship
    cultural geographies, 2017
    Co-Authors: Mara Ferreri, Gloria Dawson
    Abstract:

    Property Guardianship, a form of short-term building security through temporary dwelling, has emerged in several European countries over the past 20 years. Despite being characterized by tenure insecurity and frequently substandard conditions, ‘living as a guardian’ has become a composite and polyvalent mode of inhabiting cities, rooted in the production and dissemination of distinctive spatial imaginaries of ‘nomadic’ urban dwelling. In the United Kingdom, where Guardianship is relatively novel and marginal, the establishment of several intermediary companies has contributed to the rapid diffusion of the scheme as precarious ‘adventurous’ housing, particularly in metropolitan areas where Guardianship schemes largely attract mobile and university-educated individuals. Drawing on debates about the complexities of ‘self-precarization’, this article examines imaginaries of property Guardianship and their ambivalent significance in relation to lived processes of precarization. Through the analysis of media representations and in-depth interviews with current and former guardians in London, it explores how guardians mobilize narratives of adaptability, flexibility and nomadism between their resignation to existing housing conditions and a sense of critical and autonomous agency. This article proposes and develops a nuanced qualitative approach to analyse how precarious dwelling through Guardianship is reshaping spatial imaginaries of acceptable and desirable urban housing, contributing to significant processes of individual and collective subjectification. At a moment of extensive governmentality through insecurity, it concludes that examining imaginaries and practices of self-precarization offers a critical entry point for understanding and rethinking, theoretically and politically, housing precarity and its geographies.

  • self precarization and the spatial imaginaries of property Guardianship
    cultural geographies, 2017
    Co-Authors: Mara Ferreri, Gloria Dawson
    Abstract:

    Property Guardianship, a form of short-term building security through temporary dwelling, has emerged in several European countries over the past 20 years. Despite being characterized by tenure ins...

  • living precariously property Guardianship and the flexible city
    Transactions of the Institute of British Geographers, 2017
    Co-Authors: Mara Ferreri, Gloria Dawson, Alexander Vasudevan
    Abstract:

    In this paper we examine the precarious everyday geographies of property Guardianship in the United Kingdom. Temporary property Guardianship is a relatively new form of insecure urban dwelling existing in the grey area between informal occupation, the security industry and housing. Young individuals, usually in precarious employment, apply to intermediary companies to become temporary ‘guardians’ in metropolitan centres, most notably in London. The scheme allows guardians to pay below market rent to live in unusual locations while ‘performing’ live-in security arrangements that are not considered as a form of ‘work’. The experiences of becoming and living as a property guardian can be ambivalent and contradictory: guardians express economic and social advantages to being temporary, while also exposing underlying anxieties with ‘flexible living’. In this paper we offer a detailed description of the various practices of property Guardianship and how they must be understood, on the one hand, in light of recent geographical scholarship on housing insecurity and, on the other hand, as an example of a precarious subjectivity that has become normalised in recent decades in cities of the global North. Drawing on in-depth interviews with long-term property guardians in London, we unpack the narratives and rationales of university-educated and highly skilled individuals for whom the city is a site of intensified insecurity and flexible negotiation. In the end, we conclude that the form of permanent temporariness experienced by property guardians needs to be understood as a symptom of wider dynamics of work and life precarisation in urban centres and argue that it is imperative to extend recent geographical debates around work and life insecurity to include new housing practices and their role in co-constituting urban precarity.

Danielle M Reynald - One of the best experts on this subject based on the ideXlab platform.

  • australian internet users and Guardianship against cyber abuse an empirical analysis
    International Journal of Cyber Criminology, 2014
    Co-Authors: Zarina I Vakhitova, Danielle M Reynald
    Abstract:

    This study presents an empirical analysis of Guardianship against abuse in cyberspace. Building upon the existing body of knowledge about active Guardianship processes in the physical world, this study extends our understanding of how these processes operate in the unique setting of cyberspace. To collect information about cyber guardians and cyber abuse events witnessed by the guardians, an online survey of adult Australian users of the Internet and social media sites was conducted (n = 650). The results show that contextual awareness of cyberspace was predictive of witnessing and intervening in the events of cyber abuse. Based on the empirical results, the study makes practical recommendations on how crime prevention efforts could be boosted in cyberspace.

  • Guardianship and crime: an international comparative study of Guardianship in action
    Crime Law and Social Change, 2012
    Co-Authors: Meghan E. Hollis-peel, Danielle M Reynald, Brandon C Welsh
    Abstract:

    An observational tool was developed to measure Guardianship potential and Guardianship in action in residential areas in The Hague, the Netherlands by Reynald (Crime Prevention and Community Safety 11(1):1–20, 2009 ; Journal of Research in Crime and Delinquency 47(3):358–390, 2010 ). Guardianship potential was measured using the defensible space-based measures from the Block Environment Inventory (BEI), while Guardianship in Action (GIA) was observed by recording whether or not guardians (1) were visibly available, (2) were monitoring, and (3) intervened when necessary. This article reports on an international comparison of GIA in The Hague and in an American city. A comparative understanding will help advance knowledge on the measurement of active Guardianship and related defensible space dimensions and identify socio-cultural differences in the application and meaning of the Guardianship concept. Key results include that the observable dimensions of Guardianship in action were reliable and valid, but some differences existed between the two sites including significant differences related to the social interaction measure. Similarities and differences across the two sites are examined, and implications for theory and research are explored.

  • Guardianship for crime prevention: a critical review of the literature
    Crime Law and Social Change, 2011
    Co-Authors: Meghan E. Hollis-peel, Danielle M Reynald, Maud Van Bavel, Henk Elffers, Brandon C Welsh
    Abstract:

    Cohen and Felson’s (Cohen and Felson American Sociological Review 44(4):588–608, 1979) routine activity theory posits that for a crime to occur three necessary elements must converge in time and space: motivated offenders, suitable targets, and the absence of capable Guardianship. Capable guardians can serve as a key actor in the crime event model; one who can disrupt, either directly or indirectly, the interaction between a motivated offender and a suitable target. This article critically reviews the literature on Guardianship for crime prevention. Our specific focus is two-fold: (1) to review the way Guardianship has been operationalized and measured, and (2) to review experimental and quasi-experimental evaluations and field tests of Guardianship. Research on routine activities has had an uneven focus resulting in the neglect of the Guardianship component (Reynald Crime Prevention and Community Safety 11(1):1–20, 2009; Sampson et al. Security Journal 23(1):37–51, 2010; Tewksbury and Mustaine Criminal Justice and Behavior 30(3):302–327, 2003; Wilcox et al. Criminology 45(4):771–803 2007). Evaluations of Guardianship-related interventions demonstrate support for the theoretical construct; however, high-quality field tests of Guardianship are wholly lacking. Implications for theory and research are discussed.

  • Translating CPTED into Crime Preventive Action: A Critical Examination of CPTED as a Tool for Active Guardianship
    European Journal on Criminal Policy and Research, 2011
    Co-Authors: Danielle M Reynald
    Abstract:

    This paper will argue that the effectiveness of CPTED ought to be judged in terms of the extent to which it is successful in facilitating opportunities for active Guardianship of places. With this premise in mind, the CPTED component of surveillance will provide the focal point of investigation. Reynald ( Crime Prevention and Community Safety: An International Journal, 11 (1):1-20, 2009 , Journal of Research in Crime & Delinquency , 2010b ) demonstrated that supervision or natural surveillance is one of the core dimensions of active Guardianship in residential areas. This paper will begin with an illustration of how the CPTED principles are translated into crime preventive action in residential environments by using observational data to get a first-hand look at how CPTED functions in practice. The paper will then go on to combine these field observations with interview data from residents themselves to show the ways in which opportunities for the CPTED component of surveillance are affected, not simply by the design of the physical environment, but also by the context in which the opportunities exist. These results will be used to critically reflect on some inherent conflicts and points of neglect in the relationship between the components of surveillance, territoriality and image/maintenance, as a means of airing some of the conceptual and practical weaknesses that may serve to limit the existing CPTED model.

  • factors associated with the Guardianship of places assessing the relative importance of the spatio physical and sociodemographic contexts in generating opportunities for capable Guardianship
    Journal of Research in Crime and Delinquency, 2011
    Co-Authors: Danielle M Reynald
    Abstract:

    Routine activity theory can be applied to places in which a motivated offender encounters a suitable target that is not effectively guarded. The focus of this article was on the third aspect of this theory as the explanatory power of Guardianship was examined and compared to other related contextual factors in explaining criminal victimization at micro-places. This empirical study used an observational measure of Guardianship in action in residential places by observing household occupancy, monitoring by residents, and direct intervention during the daytime and nighttime. The results demonstrated the significant role of active Guardianship compared to other spatio-physical and sociodemographic factors in explaining the amount of property crime recorded at the street segment level. This article is concluded by highlighting the ways in which these contextual factors help generate opportunities for capable Guardianship, while simultaneously blocking opportunities for property crime.

Mara Ferreri - One of the best experts on this subject based on the ideXlab platform.

  • self precarization and the spatial imaginaries of property Guardianship
    cultural geographies, 2017
    Co-Authors: Mara Ferreri, Gloria Dawson
    Abstract:

    Property Guardianship, a form of short-term building security through temporary dwelling, has emerged in several European countries over the past 20 years. Despite being characterized by tenure insecurity and frequently substandard conditions, ‘living as a guardian’ has become a composite and polyvalent mode of inhabiting cities, rooted in the production and dissemination of distinctive spatial imaginaries of ‘nomadic’ urban dwelling. In the United Kingdom, where Guardianship is relatively novel and marginal, the establishment of several intermediary companies has contributed to the rapid diffusion of the scheme as precarious ‘adventurous’ housing, particularly in metropolitan areas where Guardianship schemes largely attract mobile and university-educated individuals. Drawing on debates about the complexities of ‘self-precarization’, this article examines imaginaries of property Guardianship and their ambivalent significance in relation to lived processes of precarization. Through the analysis of media representations and in-depth interviews with current and former guardians in London, it explores how guardians mobilize narratives of adaptability, flexibility and nomadism between their resignation to existing housing conditions and a sense of critical and autonomous agency. This article proposes and develops a nuanced qualitative approach to analyse how precarious dwelling through Guardianship is reshaping spatial imaginaries of acceptable and desirable urban housing, contributing to significant processes of individual and collective subjectification. At a moment of extensive governmentality through insecurity, it concludes that examining imaginaries and practices of self-precarization offers a critical entry point for understanding and rethinking, theoretically and politically, housing precarity and its geographies.

  • self precarization and the spatial imaginaries of property Guardianship
    cultural geographies, 2017
    Co-Authors: Mara Ferreri, Gloria Dawson
    Abstract:

    Property Guardianship, a form of short-term building security through temporary dwelling, has emerged in several European countries over the past 20 years. Despite being characterized by tenure ins...

  • living precariously property Guardianship and the flexible city
    Transactions of the Institute of British Geographers, 2017
    Co-Authors: Mara Ferreri, Gloria Dawson, Alexander Vasudevan
    Abstract:

    In this paper we examine the precarious everyday geographies of property Guardianship in the United Kingdom. Temporary property Guardianship is a relatively new form of insecure urban dwelling existing in the grey area between informal occupation, the security industry and housing. Young individuals, usually in precarious employment, apply to intermediary companies to become temporary ‘guardians’ in metropolitan centres, most notably in London. The scheme allows guardians to pay below market rent to live in unusual locations while ‘performing’ live-in security arrangements that are not considered as a form of ‘work’. The experiences of becoming and living as a property guardian can be ambivalent and contradictory: guardians express economic and social advantages to being temporary, while also exposing underlying anxieties with ‘flexible living’. In this paper we offer a detailed description of the various practices of property Guardianship and how they must be understood, on the one hand, in light of recent geographical scholarship on housing insecurity and, on the other hand, as an example of a precarious subjectivity that has become normalised in recent decades in cities of the global North. Drawing on in-depth interviews with long-term property guardians in London, we unpack the narratives and rationales of university-educated and highly skilled individuals for whom the city is a site of intensified insecurity and flexible negotiation. In the end, we conclude that the form of permanent temporariness experienced by property guardians needs to be understood as a symptom of wider dynamics of work and life precarisation in urban centres and argue that it is imperative to extend recent geographical debates around work and life insecurity to include new housing practices and their role in co-constituting urban precarity.

Nina A Kohn - One of the best experts on this subject based on the ideXlab platform.

  • how the Guardianship system can help address gun violence
    Journal of Law Medicine & Ethics, 2020
    Co-Authors: Nina A Kohn
    Abstract:

    This article shows how state Guardianship law can provide a mechanism for courts to reduce gun violence by removing the right to possess firearms from individuals found, after hearing and due proce...

  • lawyers for legal ghosts the legality and ethics of representing persons subject to Guardianship
    Social Science Research Network, 2016
    Co-Authors: Nina A Kohn, Catheryn Koss
    Abstract:

    A person subject to Guardianship has been judicially determined to lack legal capacity. Stripped of legal personhood, the individual becomes a ward of the state and his or her decisions are delegated to a guardian. If the guardian abuses that power or the Guardianship has been wrongly imposed — as research suggests is not infrequently the case — the person subject to Guardianship may rightly wish to mount a legal challenge. However, effectively doing so requires the assistance of an attorney, and persons subject to Guardianship typically have not only been declared by a court to be incapable of directing their own affairs but have been stripped of the capacity to contract. As a result, those who wish to challenge the terms and conditions of their Guardianship, or even merely to exercise unrelated retained rights, can be stymied because attorneys are unwilling to accept representation for fear that it is unlawful or unethical. Drawing on constitutional law, as well as the law of agency and contract, this Article shows why such representations are, contrary to the assumptions of many attorneys, not merely legally permissible but essential to protect fundamental constitutional rights. It then explores the professional rules governing attorney conduct in order to show how attorneys may ethically represent persons subject to Guardianship. Finally, it proposes a modest change to the Model Rules of Professional Conduct to clarify attorneys’ duties in this context.

  • lawyers for legal ghosts the legality and ethics of representing persons subject to Guardianship
    Washington Law Review, 2016
    Co-Authors: Nina A Kohn, Catheryn Koss
    Abstract:

    INTRODUCTIONIn 2012, Jenny Hatch, a 28-year-old woman with Down syndrome, was placed in a group home by her parents, who had been appointed as her guardians. Despondent about the restrictive placement and the loss of her independent lifestyle, and devastated that she was no longer able to work her much-loved job at a local thrift store, Jenny engaged an attorney to challenge both the existence of the Guardianship and the appointment of her parents as guardians.1 The following year, she prevailed. In a landmark decision, a Virginia court removed her parents as guardians, appointed Jenny's close friends in their place, and held that the Guardianship itself would terminate after a year.2 A year later, Jenny was thus legally reincarnated, restored from being a ward of the state-a condition often referred to as a legal death3-to full legal personhood.Jenny's story captured national attention4 in large part because it is so unusual. Few persons subject to Guardianship5 are able to change the terms and conditions of their Guardianships, let alone regain legal capacity after a court has determined that they lack capacity to make decisions for themselves.6 Jenny was able to do both.A key factor in this success was that Jenny had access to legal representation.7 Unfortunately, many people in Jenny's position do not.8 A major factor contributing to this lack of access is that attorneys are unsure whether they may legally and ethically represent a person subject to Guardianship.9Attorney reluctance to undertake such representation is understandable. A person subject to Guardianship has, by definition, been judicially determined to lack legal capacity and his or her decisions have been delegated to a third party. This third party is typically called a "guardian" but sometimes referred to as a "conservator."10 Through this process, the person has not only been declared by a court to be incapable of directing his or her own affairs but has typically been stripped of the capacity to enter into a legally binding contract. Both may appear to be insurmountable barriers. Attorneys generally can only represent clients who have the capacity to enter into a contract to hire the attorney and the capacity to direct the attorney during the course of the representation. Moreover, in some jurisdictions, probate courts have taken the position that they can prevent a lawyer from representing a person subject to Guardianship who wishes to challenge the Guardianship.11A lack of clear ethical guidance for attorneys further contributes to the current confusion as to the legal permissibility and ethics of representing a person subject to Guardianship. Although much has been written about an attorney's role and ethical obligations when representing a client with questionable cognitive capacity,12 there is virtually no legal or social science literature on representing a client who has been judicially determined to lack legal capacity and whose rights have been delegated to a guardian.13 Furthermore, as we show in this Article, existing ethical rules are confusing and arguably internally inconsistent, secondary sources of ethical guidance provide little additional assistance, and the courts have yet to articulate a clear framework for guiding such representations.This lack of guidance available to attorneys is unfortunate, particularly because the questions of whether a person who has been adjudicated incapacitated may retain an attorney and the ethical duties of attorneys who are retained are of increasing importance within the legal community. One reason is that the aging of the population means the number of persons potentially subject to Guardianship is likely increasing.14 Perhaps more importantly, there is a growing recognition that many Guardianships have been wrongly imposed or are overbroad.15 This recognition, encouraged in part by the United Nation's adoption of the Convention on the Rights of Persons with Disabilities (CRPD),16 has led to increased interest from the disability rights community in restoring the rights of persons subject to Guardianship by challenging judicial determinations of incapacity. …

  • supported decision making a viable alternative to Guardianship
    Social Science Research Network, 2013
    Co-Authors: Nina A Kohn, Jeremy A Blumenthal, Amy T Campbell
    Abstract:

    The law has traditionally responded to cognitive disability by authorizing surrogate decision-makers to make decisions on behalf of disabled individuals. However, supported decision-making, an alternative paradigm for addressing cognitive disability, is rapidly gaining political support. According to its proponents, supported decision-making empowers individuals with cognitive challenges by ensuring that they are the ultimate decision-maker but are provided support from one or more others, giving them the assistance they need to make decisions for themselves. This article describes supported decision-making and its normative appeal. It then provides a descriptive account of how supported decision-making works based on the empirical literature on supported decision-making as well as that on shared decision-making, a related model used in medical contexts. The article shows how employing supported decision-making in lieu of Guardianship, or integrating it into the Guardianship system, has the potential to promote the self-determination of persons with intellectual and cognitive disabilities consistent with international and national legal norms. However, we find that, despite much rhetoric touting its advantages, little is known about how supported decision-making processes operate or about the outcomes of those processes. Further research is necessary to design and develop effective supported decision-making systems. We therefore propose a series of research questions to help inform policy choices surrounding supported decision-making.

Shahid Alvi - One of the best experts on this subject based on the ideXlab platform.

  • male peer support and a feminist routing activities theory understanding sexual assault on the college campus
    Justice Quarterly, 2001
    Co-Authors: Martin D Schwartz, Walter S Dekeseredy, David Tait, Shahid Alvi
    Abstract:

    Routine activities theorists traditionally have assumed offenders' motivation and victims' suitability from demographic correlates, and have done little to study effective Guardianship. In this paper we ask questions directly of male date rape offenders to test the proposal that male peer support provides motivation; we ask lifestyle questions directly of both female victims and male offenders; and we discuss the extent to which abusive peers eliminate Guardianship. Data from the Canadian National Survey support routine activities theory, and show that men who drink two or more times a week and have male peers who support both emotional violence and physical violence are nearly 10 times as likely to admit to being sexual aggressors as men who have none of these three traits.