Getting Their Way: Bias and Deference to Trial Courts

How much do trial judges influence the law in the United States? I analyze a model of adjudication by a trial judge who engages in fact finding before deciding a case, but whose decision may be reversed. The model makes three broad points. First, it provides an informational rationale for ex post deference to biased trial judges that does not require an ex ante commitment by an appellate court to a standard of review. Second, it shows how procedural discretion can bring biased trial judges' rulings closer to appellate doctrine despite enabling trial judges to “get their way” more often. Third, de facto law as represented by trial judges' case‐by‐case adjudication will differ substantially from de jure law. As long as there are not too many extremist trial judges, de facto law will reflect the predispositions of trial judges, not legal doctrine.     

Adolescent Neglect, Juvenile Delinquency and the Risk of Recidivism

Victims of child abuse and neglect are at an increased risk of involvement with the juvenile justice and adult correctional systems. Yet, little is known about the continuation and trajectories of offending beyond initial contact with law enforcement. Neglect likely plays a critical role in continued offending as parental monitoring, parental rejection and family relationships are instrumental in explaining juvenile conduct problems. This study sought to determine whether neglect is associated with recidivism for moderate and high risk juvenile offenders in Washington State. Statewide risk assessments and administrative records for child welfare, juvenile justice, and adult corrections were analyzed. The sample was diverse (24 % female, 13 % African American, 8 % Hispanic, 5 % Native American) and included all moderate and high risk juvenile offenders screened by juvenile probation between 2004 and 2007 (n = 19,833). Official records from child protection were used to identify juvenile offenders with a history of child neglect and to identify juvenile offenders with an ongoing case of neglect. Event history models were developed to estimate the risk of subsequent offending. Adolescents with an ongoing case neglect were significantly more likely to continue offending as compared with youth with no official history of neglect. These findings remain even after controlling for a wide range of family, peer, academic, mental health, and substance abuse covariates. Interrupting trajectories of offending is a primary focus of juvenile justice. The findings of the current study indicate that ongoing dependency issues play a critical role in explaining the outcomes achieved for adolescents in juvenile justice settings. The implications for improved collaboration between child welfare and juvenile justice are discussed.     

Food and finance: the financial transformation of agro-food supply chains

This article draws upon existing literature to document and describe the rise of finance in food provisioning. It queries the role of financialization in the contemporary food crisis and analyzes its impacts upon the distribution of power and wealth within and along the generalized agro-food supply chain. A systematic treatment of key nodes in the supply chain reveals four key insights: (1) the line between finance and food provisioning has become increasingly blurred in recent decades, with financial actors taking a growing interest in food and agriculture and agro-food enterprises becoming increasingly involved in financial activities; (2) financialization has reinforced the position of food retailers as the dominant actors within the agro-food system, though they are largely subject to the dictates of finance capital and face renewed competition from financialized commodity traders; (3) financialization has intensified the exploitation of food workers, increasing their workload while pushing down their real wages and heightening the precarity of their positions, and (4) small-scale farmers have been especially hard hit by financialization, as their livelihoods have become even more uncertain due to increasing volatility in agricultural markets, they have become weaker vis-à-vis other actors in the agro-food supply chain, and they face growing competition for their farmland. The paper concludes by identifying themes for future research and asking readers to reimagine the role of finance in food provisioning.     

Using Bayesian Aldrich‐McKelvey Scaling to Study Citizens' Ideological Preferences and Perceptions

Aldrich‐McKelvey scaling is a powerful method that corrects for differential‐item functioning (DIF) in estimating the positions of political stimuli (e.g., parties and candidates) and survey respondents along a latent policy dimension from issue scale data. DIF arises when respondents interpret issue scales (e.g., the standard liberal‐conservative scale) differently and distort their placements of the stimuli and themselves. We develop a Bayesian implementation of the classical maximum likelihood Aldrich‐McKelvey scaling method that overcomes some important shortcomings in the classical procedure. We then apply this method to study citizens' ideological preferences and perceptions using data from the 2004–2012 American National Election Studies and the 2010 Cooperative Congressional Election Study. Our findings indicate that DIF biases self‐placements on the liberal‐conservative scale in a way that understates the extent of polarization in the contemporary American electorate and that citizens have remarkably accurate perceptions of the ideological positions of senators and Senate candidates.     

Examining Legislative Cue‐Taking in the US Senate

We examine congressional cue‐taking theory to determine its extent, conditionality, and various forms in the US Senate. Using a novel data‐collection technique (timed C‐SPAN footage), we focus on temporal dynamics via event history analysis. Examining the effects of senator characteristics across 16 votes from the 108th Congress, we find that committee leadership and seniority generally predict cue‐giving, while other types of characteristics predict cue‐giving on certain types of votes. Our results underscore the importance of considering the order and timing of voting when studying congressional behavior.     

Objective Analysis of Impressed Chisel Toolmarks

Historical and recent challenges to the practice of comparative forensic examination have created a driving force for the formation of objective methods for toolmark identification. In this study , fifty sequentially manufactured chisels were used to create impression toolmarks in lead (500 toolmarks total). An algorithm previously used to statistically separate known matching and nonmatching striated screwdriver marks and quasi-striated plier marks was used to evaluate the chisel marks. Impression toolmarks, a more complex form of toolmark, pose a more difficult test for the algorithm that was originally designed for striated toolmarks. Results show in this instance that the algorithm can separate matching and nonmatching impression marks, providing further validation of the assumption that toolmarks are identifiably unique.     

Does involuntary outpatient commitment lead to more intensive treatment?

Studies of involuntary outpatient commitment (OPC) among persons with severe mental illness have concluded that OPC is only effective in improving treatment outcomes when it is sustained for 6 months or longer and is combined with frequent outpatient services. This article explores factors that influence the delivery of outpatient services to subjects in a randomized trial of OPC and finds 2 general patterns. Outpatient visits were more frequent among all subjects with apparent clinical need, regardless of study assignment, and among subjects whose OPC was sustained beyond an initial court order. These results suggest that, in practice, sustained OPC represents a consensual agreement between clinicians and the court to more intensively address the complex needs of persons with severe and persistent mental illness.