Opinion Backlash and Public Attitudes: Are Political Advances in Gay Rights Counterproductive?

One long‐recognized consequence of the tension between popular sovereignty and democratic values like liberty and equality is public opinion backlash, which occurs when individuals recoil in response to some salient event. For decades, scholars have suggested that opinion backlash impedes policy gains by marginalized groups. Public opinion research, however, suggests that widespread attitude change that backlash proponents theorize is likely to be rare. Examining backlash against gays and lesbians using a series of online and natural experiments about marriage equality, and large‐sample survey data, we find no evidence of opinion backlash among the general public, by members of groups predisposed to dislike gays and lesbians, or from those with psychological traits that may predispose them to lash back. The important implication is that groups pursuing rights should not be dissuaded by threats of backlash that will set their movement back in the court of public opinion.     

Oil Wealth and Regime Survival in the Developing World, 1960–1999

This article examines contrasting claims made by scholars of oil and politics that oil wealth either tends (1) to undermine regime durability or (2) to enhance it. Using cross-sectional time-series data from 107 developing states between 1960 and 1999, I test the effects of oil wealth on regime failure, political protests, and civil war. I find that oil wealth is robustly associated with increased regime durability, even when controlling for repression, and with lower likelihoods of civil war and antistate protest. I also find that neither the boom nor bust periods exerted any significant effect on regime durability in the states most dependent on exports, even while those states saw more protests during the bust. In short, oil wealth has generally increased the durability of regimes, and repression does not account for this effect. Future research focused on the origins of robust coalitions in oil-rich states is most likely to provide fruitful explanations to this puzzle .     

The Crime of Self‐Solicitation

I hold that we could justifiably criminalize some threats, on account of the fact that issuing them renders one more likely to commit a crime. But I also point out that if we criminalize some threat‐issuing, we will de facto criminalize some warning‐issuing, which is unjust. So we ought not to criminalize any threat‐issuing. Instead, we should criminalize (roughly) rendering oneself more likely to commit a crime. This would allow us to punish all the threat‐issuers we should want to punish. It would also force us to punish some warning‐issuers, but we would not be punishing them for their warning‐issuing.     

Contextual Compliance: Situational and Subjective Cost‐Benefit Decisions about Pesticides by Chinese Farmers

This article analyzes how cost‐benefit calculation influences compliance with pesticide regulation by Chinese farmers. Building on a study including 150 farmers and experts, it studies how operational costs and benefits and deterrence affect compliance. Moreover, it studies what variation in cost‐benefit perceptions there are with different types of rules, farms, and villages. It finds that, in this context, cost‐benefit calculation matters for compliance; with operational costs and benefits being more clearly related to compliant behavior than deterrence. It highlights that perceptions about costs and benefits are situational and vary along the type of legal rule and the type of regulated actor. It also shows that such perceptions are individually subjective, as even with similar rules and similar types of actors, perceptions vary. The paper concludes by stating expectations on how the situational and subjective nature of cost‐benefit calculation can inform regulators seeking to enhance compliance.     

Natural Settings Trials — Improving the Introduction of Clinical Genetic Tests

Approaches to genetic testing differ in the research setting and the clinical setting. More data are needed to develop approaches that will best facilitate the use of new genetic tests in the clinical setting, especially settings where genetic testing has not been widely used, such as in primary care. Furthermore, data are needed to establish the clinical utility of new genetic tests in the general practice setting. Natural setting trials are proposed as a strategy to develop this information. While natural setting trials are clinical research studies and will expose participants to some degree of risk, the risks are different, and arguably less than the risks those same individuals would otherwise face if the test went directly into clinical practice. Ultimately, clinical practice and safety of new genetic tests can be improved by adding the evaluation provided by natural setting trials.     

Book Reviews

Books reviewed:
The Law of Energy for Sustainable Development , edited by Adrian J. Bradbrook, Rosemary Lyster, Richard Ottinger and Wang Xi , published by Cambridge University Press, 2005, 630pp, £75.00, hardback.
Fresh Water and International Economic Law , edited by Edith Brown Weiss, Laurence Boisson de Chazournes and Nathalie Bernasconi-Osterwalder , published by Oxford University Press, 2005, 506pp, £70.00, hardback.
Handbook of Global Environmental Politics , edited by Peter Dauvergne , published by Edward Elgar, 2005, 560pp, £125.00, hardback.
Emerging Forces in Environmental Governance , edited by Norichika Kanie and Peter M. Haas , published by United Nations University Press, 2004, 320pp, US$36.00, paperback.
Economic Globalization and Compliance with International Environmental Agreements edited by Alexandre Kiss, Dinah Shelton and Kanami Ishibashi , published by Kluwer Law International, 2003, 352pp, £85.00, hardback.
German Environmental Law for Practitioners , edited by Horst Schlemminger and Claus-Peter Martens , 2nd edition, published by Kluwer Law International, 2004, 833pp, £119.25, hardback.
The International Climate Change Regime: A Guide to Rules, Institutions and Procedures , Farhana Yamin and Joanna Depledge , published by Cambridge University Press, 2004, 730pp, £40.00, paperback.