Unemployment, Economic Theory, and Property Crime: A Note on Measurement

Drawing on rational choice theory, this study considers how best to measureunemployment within the context of the unemployment–property crimerelationship. Specifically, we use ARIMA techniques to examine the relativeefficacy of using the conventional Bureau of Labor Statistics (BLS)unemployment rate and two alternative measures of the demand for labor aspredictors of monthly counts of U.S. property offenses for the years 1982through 1996. The bivariate time series analyses indicate that while theBLS unemployment rate exhibits null effects, the number of individualsunemployed for 15 weeks or more and the capacity utilization ratesignificantly affect the level of property crime. The implications ofthese results are discussed.     

National unity and reconciliation in Rwanda: A flawed approach?

This article examines the Rwandan government's national unity and reconciliation policy and one of its key elements, the National Unity and Reconciliation Commission (NURC). It contends that while the NURC potentially represents an innovative model that other post-conflict societies could adapt and use, the central premise on which both the commission and the government's broader national unity and reconciliation policy are based is critically flawed. The unity that they are endeavouring to achieve, as a vehicle for reconciliation, relies upon a negation of ethnicity – a core component of the 1994 genocide – and hence does not allow for an open and honest engagement with the past. The problem is further compounded by the government's attitude towards the prosecution of crimes committed by the Rwandan Patriotic Front (RPF), which not only demonstrates that ethnicity remains highly significant but also underscores the incomplete and partial way in which the past is being addressed.     

Sampling Increases Music Sales: An Empirical Copyright Study

The Supreme Court instructs that the most important consideration in analyzing fair use is the effect on the market for the original. Employing music sales data, this article presents evidence of digital sampling's effect on the sales of sampled songs. Our results indicate that a reassessment of fair use in the area of music sampling is needed since sales of sampled songs increased after being repurposed within new songs. These results are robust and highly statistically significant. Findings of this nature favor a judicial determination that sampling constitutes a fair use, even when considering the influence that a new work has on extant licensing markets for sample clearance. This article argues that the current sample–licensing market is a product of aberrant antisampling case law arising from a lack of relevant empirical data and nonutilitarian judicial opinions. As set forth herein, the goal of encouraging creative activity without hindering copyright owners’ capacity to financially gain from their work is served by implementing a limited presumption of fair use for sampling. The findings are further applicable outside of the fair use analysis, as the study is important in the private law when viewed through a law and strategy lens. Forward thinking music firms should reframe their approach by encouraging sampling of their works to secure cost‐free advertising and achieve a competitive advantage.     

Examining Prison Effects on Recidivism: A Regression Discontinuity Approach

The “get-tough” era of punishment led to exponential growth in the rate of incarceration in the United States. Recent reviews of the literature indicate, however, that limited rigorous research exists examining the effect of imprisonment on the likelihood of future offending. As a result, scholars have called for assessment of this relationship, while using methodologies that can better account for selection effects. This study addresses these calls directly by applying regression discontinuity, a methodology well suited to account for selection bias, on a cohort of felony offenders in Florida. Results suggest that prison, as compared to non-incarcerative sanctions, has no appreciable impact on recidivism. Although no differential effects surfaced across race/ethnicity, the analyses indicated that imprisonment exerts a differential effect by gender with the effect being more criminogenic among males than females.     

The counselor's trauma as counseling motivation: vulnerability or stress inoculation?

Should counselors with interpersonal trauma histories work with similarly traumatized clients? How does the work affect them? Current research is inconsistent. This study examines 101 sexual assault and domestic violence counselors' recalled motivations for trauma work, their reported subjective personal changes, and their secondary and vicarious trauma symptoms and burnout. Counselors motivated by interpersonal trauma report both more symptoms and positive changes (including dealing with their own trauma). Those seeking personal meaning report becoming more hypervigilant and self-isolating. Those saying they learned from clients rate symptoms lower, suggesting stress inoculation. Supervisors of trauma counselors should facilitate learning from clients separately from processing the counselor's trauma.     

The Legal Basis for Using Principles in WTO Disputes

This article argues that the use of principles in WTO disputeresolution is both necessary and desirable. However, Panelsand the Appellate Body (WTO Tribunals) have often ignored principlesor not clearly identified the legal basis for their use. Thisarticle establishes a framework for the use of principles (inparticular principles of WTO law, principles of customary internationallaw, and general principles of law) in WTO dispute settlement.Broadly, WTO Tribunals can use principles drawn from these categoriesto interpret WTO provisions, based on Article 3.2 of the DSU,and Articles 31 and 32 of the VCLT. This follows most directlyfrom a teleological approach to interpretation, but principlesalso feature under subjective and textual approaches to interpretation.WTO Tribunals may also use certain principles in a non-interpretativemanner. Indeed, this may be necessary, particularly to addressprocedural issues. Precisely how a principle may be used dependson its type, content and status.     

Offender military enlistment as an emotionally intelligent justice system intervention

Military enlistment programs offer offenders opportunities to serve in the armed forces as alternatives to traditional criminal sanctioning both prior and post adjudication. Offender enlistment as a form of diversion embodies a rehabilitative ideal but faces formidable cultural and institutional implementation barriers, including recruiting regulations, security clearance requirements, public relations considerations, and military distrust. This study explored the utility of offender enlistment as an emotionally intelligent justice system intervention. It is argued that offender enlistment addresses internal and external offender control deficits while avoiding the expense and stigma of incarceration. The policy implications of offender enlistment as normative practice are considered.     

UNTIL DEATH DO US PART? WHY COURTS SHOULD EXPAND PRENUPTIAL AGREEMENTS TO INCLUDE TEN‐YEAR MARRIAGES

It has become apparent that marriage, while still strongly valued by society and government, has become less appealing to Americans as a whole. The changes taking place in society, whether economic or moral, have resulted in married couples becoming the minority in the United States. This decrease demonstrates that there is a need for reform, and that couples need to be provided with new options that will incentivize them to choose this union over cohabitation. This Note will discuss how expanding prenuptial agreements to allow couples to contract to the length of their marriage may help to accomplish that goal. This expansion will give couples the ability to tailor their relationship to fit their individual expectations and quell the reservations commonly associated with formalized relationships. Furthermore, such an expansion would be consistent with current law regulating premarital agreements and would still allow state governments to remain involved in regulation, making it less drastic of a reform than privatization.