Racial Bias in Mock Juror Decision-Making: A Meta-Analytic Review of Defendant Treatment

Common wisdom seems to suggest that racial bias, defined as disparate treatment of minority defendants, exists in jury decision-making, with Black defendants being treated more harshly by jurors than White defendants. The empirical research, however, is inconsistent—some studies show racial bias while others do not. Two previous meta-analyses have found conflicting results regarding the existence of racial bias in juror decision-making (Mazzella & Feingold, 1994, Journal of Applied Social Psychology, 24, 1315–1344; Sweeney & Haney, 1992, Behavioral Sciences and the Law, 10, 179–195). This research takes a meta-analytic approach to further investigate the inconsistencies within the empirical literature on racial bias in juror decision-making by defining racial bias as disparate treatment of racial out-groups (rather than focusing upon the minority group alone). Our results suggest that a small, yet significant, effect of racial bias in decision-making is present across studies, but that the effect becomes more pronounced when certain moderators are considered. The state of the research will be discussed in light of these findings.     

The Effects of University Patenting and Licensing on Downstream R&D Investment and Social Welfare

A central argument behind the Bayh-Dole Act presumed that firms had no incentives to invest in downstream R&D aimed at developing university inventions committed to the public domain. The empirical evidence on university patenting and licensing is partly at odds with the premises of this argument. Non-exclusive licensing of university patents has been common and lucrative, and in the area of biomedical technologies university patents and licensing restrictions may be a hindrance to downstream R&D, rather than a stimulus. The paper presents a model of R&D competition based on a university invention where appropriability conditions are defined by the patentability of downstream innovations and imitation opportunities. A comparison of equilibria under “open access” to university inventions and under “university patenting” shows that only under restrictive conditions the latter regime results in increased R&D investment and social welfare. In general, university licensing royalties are therefore a poor gauge of social welfare gains from university patenting. This is an extensive revision of the paper “University Patents, R&D Competition, and Social Welfare” presented at the conference on University Spin-Offs at the Université du Québec à Montréal on February 27th, 2004. I would like to thank the conference participants and a referee from the journal for useful comments and suggestions.     

What Is The Wrong Of Wrongful Disability? From Chance To Choice To Harms To Persons

The issue of wrongful disability arises when parents face the choice whether to produce a child whose life will be unavoidably flawed by a serious disease or disorder (Down syndrome, for example, or Huntington’s disease) yet clearly worth living. The authors of From Chance to Choice claim, with certain restrictions, that the choice to produce such a child is morally wrong. They then argue that an intuitive moral approach––a “person-affecting” approach that pins wrongdoing to the harming of some existing or future person––cannot account for that wrong since the choice to produce such a child cannot, under the logic of the nonidentity problem, harm that child. The authors propose that we supplement the person-affecting approach with an “impersonal” principle that takes the form of their well-known principle N. In this paper, I argue that the authors are mistaken to suppose that a plausibly articulated person-affecting approach cannot account for the wrong of wrongful disability. We can retain an intuitive, comparative, “worse for” account of harm and still identify serious harms imposed by the choice of wrongful disability. In particular, I argue that harm, both to the impaired child and to others, comes not in the form of that procreative choice’s procreative effect but rather in the form of its many distributive effects. I also argue that the rare, residual case in which a person-affecting approach would approve of the choice of wrongful disability does not function as a counterexample to that approach. As a separate matter, I address legal claims for wrongful disability, which are closely akin to claims for wrongful life. The legal claim is brought by the impaired child, not against the parents, but rather against health care providers whose negligent failure to diagnose or inform parents of an increased risk of a genetic or congenital impairment results in the birth of the impaired child. The authors’ treatment of the moral wrong that is done as impersonal in nature suggests that courts are correct to dismiss any such claim. Once we identify harm, however, the person-affecting approach can identify a clear foundation in the law for the wrongful disability claim.     

The Racial Construction of Urban Spaces in Britain and Pakistan

This paper details the articulations of a sample of South Asian Muslims from Lancashire, UK, and Karachi, Pakistan, in relation to their construction of the urban space in which they reside. In particular, theories of how urban spaces are ‘racially constructed’ and the impact of this on our understanding of racial and politically motivated violence are examined. The findings are part of a broader study which provided a comparative evaluation of the experiences of crime amongst two Muslim communities in the UK and Pakistan (Quraishi, Muslims and crime: A comparative study. Aldershot: Ashgate, 2005). The theoretical inspiration for this paper originates from the writings of Chicago School scholars such as Park, but more specifically from the works of Webster, Hesse et al. and Keith, who each explore the dynamic relationships between urban space, racial identity and victimization (Park, The nature of race relations. Chapter 7 in L. Back, J. Solomos (Eds.), Theories of race and Racism. London: Routledge, 1950; Webster, Youth crime, victimization and harassment. The Keighley crime survey. A paper in community studies no.7. centre Research. Department of Applied and community studies, Bradford and Ilkley Community College, 1994; Webster, Local heroes: Racial violence among asian and young people. Leicester: Leicester University, 1997; Hesse,et al Beneath the surface: Racial harassment. Avebury: Aldershot, 1992; Keith, Identity and the spaces of authenticity. Chapter 35 in L. Back, J. Solomos (Eds), Theories of race and racism. London: Routledge, 2004) The paper evaluates the construction of certain ‘no-go’ zones in the UK and Pakistan as perceived by Muslims. The comparative dimension enables an exploration of the divergence and convergence of processes accountable for a racially constructed interpretation of urban environments (Alexander, The asian gang: Ethnicity, Identity. Masculinity. Oxford: Berg, 2000; Desai, Spaces of identity, cultures of conflict: The development of new asian identities, Ph.D. dissertation, Goldsmiths’ college, University of London. In B. Bowling, C. Philips (2000) Racism, crime & theoutsiders. London: Longman/Pearson, 1998). Such processes are contextualized against the broader experiences of social exclusion, victimization and racism experienced by Muslim youth in everyday life (Quraishi, Muslims and crime: A comparative study. Aldershot: Ashgate, 2005; Spalek, Islam, crime and criminal justice. London: Willan, 2002; Spalek, Muslims in the UK and the criminal justice system. Chapter 4 in open society institute (Eds.), Muslims in the UK: Policies for Engaged citizens.OSI/EU Monitoring & Advocacy Programme. Hungary, Budapest & New York, 2005).

THE UTILITY OF THE DEVIANT CASE IN THE DEVELOPMENT OF CRIMINOLOGICAL THEORY*

This article asserts that the deviant case method offers a potential avenue for enhancing theory directed at explaining crime by using more available information to better connect the process of analyzing cases with that of explanatory refinement and elaboration. This approach has facilitated theoretical development in other social sciences and has proven useful where applied in criminological inquiry. Extant research is reviewed, and an empirical example is presented to demonstrate how this approach might be operationalized in criminological inquiry using quantitative methods. Conclusions relevant to future research are considered.     

Patent analysis for promoting technology transfer in multi-technology industries: the Korean aerospace industry case

With the increasing importance of technology, the efficiency of R&D investment is becoming a critical factor to an organisation’s success. As a result, many studies have carried out to create useful information to support various decision-makings faced during R&D planning but few efforts were made to discuss technology transferability in creating the information. Technology transferability can be an important factor to increase the efficiency of R&D investment especially in a multi-technology industry, where a compound of several industries produces a variety of components and systems. Therefore, this study purposes to develop a systematic method to analyse the transferability of technology, aiming to facilitate R&D spill-over. For the purpose of analysis, patent data from USPTO (United States Patent and Trademark Office) was adopted and patent citation analysis applied, which shows the relationship between technologies and industries as quantitative measures. The research result then was applied to Korean aerospace industry and its utility verified. The suggested method is expected to be used in understanding technology characteristics and making the most use of R&D outputs by promoting technology transfer in multi-technology industries.     

Measuring the performance of research and technology programs: A balanced scorecard approach

Research programs, like other government programs, are now being requested to demonstrate relevance and value added to national social and economic needs. Complexity, unpredictability and other factors make it difficult to define specific performance measures for R&D programs. This paper describes the performance measurement efforts of one technology development program within the U.S. Department of Energy and proposes a strategy for applying this balanced scorecard approach to a fundamental research organization. Simple logical models of the inputs, activities, outcomes and long term results of R&D programs are proposed. A critical few measures of performance that answer questions from multiple audiences are then chosen across this performance spectrum. This paper describes work performed by Sandia National Laboratories Energy Policy and Planning Department, Albuquerque, New Mexico 87185, with the support of the U.S. Department of Energy under contract DE-AC0494AL85000. The continued support and enthusiams of Darrell Beschen in the DOE Office of Energy Efficiency and Renewable Energy and Iran Thomas in DOE Office of Energy Research, Basic Energy Sciences, is appreciated. The authors also acknowledge the contributions of John Reed and the training in the logic chart and performance spectrum provided by Ron Corbeil and Steve Montague. The opinions expressed are those of the authors and do not represent the opinions of the U.S. Department of Energy.     

Micro-models of criminal careers: A synthesis of the criminal careers and life course approaches via semiparametric mixed poisson regression models,with empirical applications

Much recent research and debate in criminology have centered around how to conceptualize and model longitudinal sequences of delinquent and criminal acts committed by individuals. Two approaches dominate this controversy. One originates in thecriminal careers paradigm, which emphasizes a potentialheterogeneity of offending groups in the general population—thus leading to a distinction between incidence and prevalence of criminal offending, a focus on the onset, persistence, and desistence of criminal careers, and the possibility that criminals are a distinctive group with constant high rates of offending. Another approach places criminal events within a broader context ofstudies of the life course by explicitly substituting the conceptualization of “social events” for that of “criminal careers”. With respect to analytical models, this approach emphasizes a potentialheterogeneity of offenders with respect to order of criminal events from first to second to higher orders and thus suggests an analysis of the “risks” or “hazards” of offending by order of offense. Some extant commentaries on the criminal careers and life course approaches to conceptualizing and modeling longitudinal sequences of delinquent and criminal events committed by individuals have emphasized their differences and incompatibilities. In contrast, we apply recently developed semiparametric mixed Poisson regression techniques to develop conditions under which the two conceptual/modeling approaches are formally equivalent. We also modify the semiparametric mixed Poisson regression model of criminal careers to incorporate information on order of the delinquent/criminal event and develop an empirical application. This modification demonstrates the complementarity of the criminal careers and life course approaches, even though they have somewhat different foci.     

Who has the right to govern online activity? A criminal and civil point of view

This paper compares how the Australian defamation case of Dow Jones & Co. Inc. v. Gutnick [2002] HCA 56 and the English obscenity case of R. v. Perrin [2002] EWCA 747 dealt with the legal concept of publication in the transnational online context or, more specifically, with the issue as to how to treat a foreign online publication. Despite the different nature of the causes of action, with the former being a civil case and the latter being a criminal case, the article shows that, not only were the underlying jurisdictional issues the same, but that there were also significant similarities in the approaches taken to them. Both courts firmly rejected arguments in favour of an exclusive country‐of‐origin approach and stuck with the traditional country‐of‐destination orthodoxy. Nevertheless, it is argued that, given the different nature of and rationales behind civil and criminal law, as well as the less cooperative transnational criminal law regime, the same jurisdictional approach taken to both civil and criminal transnational activity may in fact yield substantially very different outcomes. Thus, the approach appropriate in the criminal law context may lead to undesirable over‐regulation in the civil law context.     

Using Google Scholar to Determine the Most Cited Criminology and Criminal Justice-Related Books

Building on recent research investigating the role of books in the discipline of criminology and criminal justice (C/CJ), this paper uses Google Scholar to identify the most cited books in the field. In particular, the researchers examined the most cited books in four different eras. Prior to1900, the most cited C/CJ-related book was On the Origin of Species. Merton’s Social Theory and Social Structure was the most cited book in the second era (1900–1949). The third era (1950–1999) produced the most cited work in the study, Foucault’s Discipline & Punish. And in the final era (2000 to present), Garland’s Culture of Control was the most cited work. The researchers also sought to determine the most cited books by women and African Americans/Blacks. The most cited book by a female author was Judith Herman’s Trauma and Recovery, and the most cited book by an African American/Black scholar was William Julius Wilson’s The Truly Disadvantaged. The authors conclude by arguing for the continued emphasis on demarcating the “great books” in the discipline.     

Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

Organised Criminals as “Agents of Obligation”: The Case of Ireland

Relying on Brown's (2005a, b) thesis that contemporary shifts in penal policy are best understood as a reprisal of colonial rationality, so that offenders become “non-citizens” or “agents of obligation”, this article argues, firstly, that this framework (with certain important refinements and extensions) finds support in developments in Irish criminal justice policy aimed at offenders suspected of involvement in “organised crime”. These offenders have found themselves reconstituted as “agents of obligation” with duties to furnish information about their property and movements, report to the police concerning their location and, importantly, refrain from criminal activity or face extraordinary sanctions. Secondly, it is submitted that this draconian approach to the control of organised crime is built on false premises; specifically the idea that “organised crime” as such exists and is best controlled through restrictions on the freedom of key groups or “core nominals”.     

Trading Signs: Semiotic Practices in Law and Medicine

Lawyers write, blog and are otherwise producers of words; they structure public life through legal discourse and integrate all issues that reinforce legal reasoning. Even if one is inclined not to justify the power of their words in the context of a democratic theory, one is hardly able to challenge its public acceptance. But semiotic analyses harden the question whether these emperors wear nothing but robes. That attitude intensifies where medicine becomes increasingly relevant for legal discourse, as becomes clear where for instance US political viewpoints bring bioethical issues to the Courts. One major theme in today’s medicine pertains to identity in its psychological, philosophical and social dimensions. Identity thus becomes a groundbreaking semiotic issue in law and medicine; both discourses are particular important to the otherness of the other. A US criminal law case interests here (Harrington v. State of Iowa, 2003; cited as: 659N.W.2d 509). The case is decided with “information about what the person has stored in his brain”. A chain of signs is involved: from “brain-function” to “brain-storage” via “brain-scan” to “brain-fingerprint”, for which the case became famous. A long series of signs and meanings belong here to intertwined discourses. Central is a particular sign in each discourse: “brain” means brain scan, and “fingerprint” means law! The two display trading mechanisms, which determine the otherness of the other and the self! The chain of signs in the Harrington case shows inter-disciplinarity in law and inter-discursivity among law and medicine. The trading itself underlines the semiotic dimensions in cyberspace, in particular the semiotics of the virtual (Hayles, Kurzweil) and their effects on legal discourse.     

Enemies and Citizens of the State: Die Boeremag as the Face of Postapartheid Otherness

This examination is a case study analysis of the Mail & Guardian’s news coverage surrounding the ongoing trial of members of the separatist group, die Boeremag. The 22 defendants stand accused of treason and 41 other criminal charges for the 2002 bombings of Soweto and conspiring to establish an independent Boer state. Utilizing a race critical lens, this analysis looks at these news representations of Afrikaner nationalists to glean insight into how law, race and racism can imbricate public understandings crime, specifically, in this case, domestic terrorism. It draws attention to the ways in which this fundamentalist group emerges as a repugnant Other and interrogates their roles within the “imagined” postapartheid South African community, the newspaper’s target audience. After explicating these dynamics, the paper concludes with a discussion of how this case study relates to practical dilemmas that stem from the utopian ideologies of reconciliation and nonracialism.     

Strategic spin-off: a new incentive contract for managing R&D researchers

Innovation is a strategic challenge for high-tech companies and as such, justifies large investments in R&D. After exploring the limits of the underlying postulates of the organizational management of innovation (the necessary specialisation of researchers, the possibility of human discontinuity of innovation and possibility of controlling researchers), the objective of this paper is to show that the relationship between managers and researchers is characterised by asymmetric information (Laffont , J. J. (1985). Economie de l’incertain et de l’information, Economica.) to the benefit of the researchers. This asymmetry supposes the setting up of management practices which incite researchers to optimise the company’s interests, but this can only be done to at the expense of management control. In R&D activities, the informational asymmetry in agency relationship can be overcome by incentive managerial practices (Jensen, M. C., & Meckling, W. H. (1976) Theory of the firm: managerial behavior, agency cost, and ownership structure. Journal of Financial Economics, 3(4), 305–360.). The relationship between the manager (principal) and the researcher (agent), can be resolved by setting up the practice of strategic spin-off. This practice which enables a researcher to create a company based on work that he himself has carried out within the R&D department of his “mother” company, constitutes both an economic incentive (through the status of shareholder) and a symbolic one (through the status of entrepreneur). The incentive is strong for the researcher both to reveal his information and to obtain financial value from his research. Implementing this incentive contract means putting into place certain managerial and organisational practices designed to accompany the researcher–entrepreneur: (training, incubator, venture-capital structure etc.). The practice of strategic spin-off is beginning to emerge in high tech enterprises. This is why we have chosen to make an in-depth case study of the French company most involved in strategic spin-off, namely France Telecom.

Teaching criminal investigation: A critical thinking approach

The purpose of this paper is to explore the “critical thinking” approach to teaching and develop those concepts into meaningful instructional activities in the classroom. The authors offer practical suggestions based on the critical thinking philosophy for implementing an active learning approach. The case study method serves as the foundation for an investigative process course and lead-up activity to the simulated preliminary and follow-up investigation. The instructor presents the critical thinking process and content information that enables students to perform five basic progressions: (1) case studies; (2) the preliminary investigation; (3) follow-up; (4) suppression hearing; and (5) moot court criminal justice simulations.     

The Structure of Conflicts of Fundamental Legal Rights

In recent years, the most widespread doctrine about the conflicts between fundamental (usually constitutional) legal rights could be summarized in the following three main theses: (1) The elements in conflict are legal principles, as opposed to legal rules; (2) Those conflicts are not consequences of the existence of inconsistencies or antinomies between the norms involved, but rather depend on the empirical circumstances of the case. In other words, the norms are logically consistent and the conflicts are not determinable a priori or in abstracto, but only in concreto; and (3) The classical criteria for solving conflicts between norms, such as lex superior, lex posterior and lex specialis, are not suitable to solve conflicts among fundamental legal rights. Indeed, they require a specific method known as ‘weighing and balancing’. Although all three theses could be (and indeed have been) regarded as problematic, in this paper I address mainly the second one. I try to show that there is room for a tertium genus between antinomies (deontic inconsistencies) and conflicts caused by strict empirical circumstances that I call ‘contextual antinomies’. There are situations in which the norms involved are not inconsistent but the conflict arises for logical reasons. My thesis is that many conflicts between fundamental legal rights fall in this category. I offer, in an appendix, a proposal of formalization of this kind of conflict and the elements involved in it.     

The generation and exploitation of technological change: market value and total factor productivity

In this paper we articulate and test the hypothesis that TFP is a reliable and relevant measure of firm’s innovation capabilities, and, as such, accounts for Tobin’s q indicator. With this aim, we investigate empirically the relationship between firm level total factor productivity and the Tobin’s q. Measuring Tobin’s q allows inferring the actual value of knowledge capital from stock market valuation. We use a panel of companies listed on UK and the main continental Europe financial markets (Germany, France and Italy) for the period 1995–2005. Our results confirm that TFP is a reliable indicator of firm’s innovative capabilities. When we control for firm’s R&D investments and intangible assets, the effects of TFP on market value remain highly significant. This suggests that TFP is a broader measure of innovation capability than R&D is. The validation of the Tobin’s q and TFP relationship has important implications concerning firm’s technological innovation measurement.