Chicago political economy: A public choice perspective

George J. Stigler (Ed.), Chicago studies in political economy. Chicago: University of Chicago Press, 1988. Pages xviii + 641.     

Expert Testimony Pertaining to Battered Woman Syndrome: Its Impact on Jurors' Decisions

Participants (N = 200) were presented with a criminal homicide trial involving a battered woman who had killed her abuser. Within the trial, both the response history (passive, active) and presence of expert testimony pertaining to battered woman syndrome (present, absent) were systematically varied. As well, half of the participants in each of these conditions were provided with a nullification instruction informing them that they were free to disregard the law and acquit should a strict application of the law result in an unjust verdict. Results indicated that, compared to the passive response condition, the mock jurors were no less receptive to the expert testimony in the active response condition. The impact of the testimony on participants' verdicts, however, was moderated by the nullification instruction. That is, although the presence of the testimony did result in greater verdict leniency, this only occurred when the mock jurors had been released from a strict application of the law. The implications of these findings are discussed.     

The Asian Rejection?: International Refugee Law in Asia*

The majority of Asian states have not signed onto the major international refugee law instruments which promote refugee recognition and protection. Yet, second to Africa, the Asian region has had the highest number of refugees since the Second World War. Three explanations are usually offered to explain this puzzle —“good neighbourliness”, “economic costs” and “social disruption”. In this article I argue that each is flawed in important ways and then develop an alternative by explaining how limited Asian involvement in the drafting of international refugee law has led Asian states to reject Eurocentric refugee recognition practices.     

Prison or Voluntary Cooperation? The Possibility of Withdrawal from the European Union

Can a Member State choose to leave the European Union (EU)? Are there provisions in the Treaties that establish a right to withdraw? What would the political and economic implications be? In this article, these questions are addressed. In a first step, the Treaties of the EU and the provisions of international law are consulted in order to clarify if a legal right to withdraw exists. The conclusion is that there is no guaranteed legal right to withdraw in the current situation, but the entering into force of the Treaty establishing a Constitution for Europe would create such a right. However, a formal right to withdraw does not necessarily mean that leaving the EU is a real option, and therefore the political and economic sides of the issue are also examined. From the literature on secession and Europeanization, a number of issues that could arise in a case of withdrawal are identified – namely ‘fear of fragmentation’, ‘lost investment’, ‘costs’ and ‘the effects of Europeanization’. The extent to which these issues were of importance is examined in the only existing case of withdrawal: Greenland. Subsequently, an assessment is made of the extent to which these issues could form obstacles for a Member State that wishes to withdraw in the current situation. The main conclusion is that large economic costs and the constitutional changes that follow from EU membership could rule out withdrawal as a realistic option.     

An analysis of the usefulness of specific stages in the pathologic investigation of sudden infant death

Retrospective analysis of autopsy findings in 60 infants who had been found unexpectedly dead in their cribs or beds in South Australia from 1994 to 1998 was undertaken to determine the diagnostic usefulness of individual stages in the postmortem investigation. Positive findings occurred in 2 of 43 scene examinations (3%), 2 of 60 external examinations (3%), 2 of 11 radiologic examinations (18%), 8 of 60 internal examinations (13%), 7 of 60 histologic examinations (12%), and 3 of 58 microbiologic examinations (5%). No positive findings were detected on toxicologic screening. Not every case underwent each diagnostic step. This gave alternative diagnoses to sudden infant death syndrome (SIDS) in 15 cases (25%). This study demonstrates an increase in the percentage of cases of unexpected infant death due to causes other than SIDS; it also shows the diagnostic yield of individual stages in the postmortem evaluation of such cases. Negative findings were important in giving validity to the diagnosis in the 45 cases that were ultimately designated as SIDS.