Investment Treaty Arbitration as a Species of Global Administrative Law

The article outlines a simple thesis: that international investmentarbitration – pursuant to regional and bilateral investmenttreaties – offers the clearest example of global administrativelaw, strictly construed, yet to have emerged. We present thisthesis by explicating four key features of investment treaties:they permit investor claims against the state without exhaustinglocal remedies; they allow claims for damages; they allow investorsto directly seek enforcement of awards before domestic courts;and they facilitate forum-shopping. Our argument is that, owingto this unique conjunction of features, the regulatory conductof states is, to an unusual extent, subject to control throughcompulsory international adjudication. Having highlighted thesefeatures, we then claim that investment arbitration is bestanalogized to domestic administrative law rather than to internationalcommercial arbitration, especially since investment arbitrationengages disputes arising from the exercise of public authorityby the state as opposed to private acts of the state. Further,we claim that the linkages between investment arbitration anddomestic legal systems are more direct and more closely integratedthan other forms of international adjudication in the publicsphere. For these reasons, we argue that the emerging regimeof investment arbitration is to be understood as constitutingan important and powerful manifestation of global administrativelaw.     

Birth spacing as a family strategy: evidence from 19th century Leuven, Belgium

This article investigates the hypothesis that 19th-century working class families in Leuven, Belgium, were controlling their fertility by means of birth spacing for household economic reasons. Detailed life-course data were collected in order to construct, on one hand, a set of covariates that represent the influences of natural fertility on birth intervals and, on the other, a number of family variables that represent the hypothetical, household economic motivation to space births. The findings strongly suggest that birth intervals were not merely a function of natural fertility differences and that family strategic spacing behavior also played a role.     

Evaluating Transformational Leaders: The Challenging Case of Eric Shinseki and the U.S. Department of Veterans Affairs

Evaluating less than fully successful transformational leaders is difficult. One common method of assessing leadership is to focus on a single temporal narrative. A second approach uses a particular theory, such as transformational leadership, to frame the analysis. The latter, less common strategy is used with the example of Eric Shinseki, who served as both chief of staff of the U.S. Army and as secretary of the U.S. Department of Veterans Affairs (VA). The analytic framework used here has six major elements that are specified by 22 factors. Using those factors to evaluate Shinseki's tenure at the VA, he is found to be very poor in only 2 factors but poor in 11, adequate in 6, good in 1, and excellent in only 2. While using a list of factors does not eliminate subjectivity or the challenges of reaching a single assessment, it does clarify the elements of judgment and weighting.     

Explaining Explanations: How Legislators Explain their Policy Positions and How Citizens React

Legislators claim that how they explain their votes matters as much as or more than the roll calls themselves. However, few studies have systematically examined legislators’ explanations and citizen attitudes in response to these explanations. We theorize that legislators strategically tailor explanations to constituents in order to compensate for policy choices that are incongruent with constituent preferences, and to reinforce policy choices that are congruent. We conduct a within‐subjects field experiment using U.S. senators as subjects to test this hypothesis. We then conduct a between‐subjects survey experiment of ordinary people to see how they react to the explanatory strategies used by senators in the field experiment. We find that most senators tailor their explanations to their audiences, and that these tailored explanations are effective at currying support—especially among people who disagree with the legislators’ roll‐call positions.     

Consent in escrow

Disasters such as flash flooding, mass shootings, and train and airplane accidents involving large numbers of victims produce significant opportunity for research in the biosciences. This opportunity exists in the extreme tails of life events, however, during which decisions about life and death, valuing and foregoing, speed and patience, trust and distrust, are tested simultaneously and abundantly. The press and urgency of these scenarios may also challenge the ability of researchers to comprehensively deliver information about the purposes of a study, risks, benefits, and alternatives. Under these circumstances, we argue that acquiring consent for the immediate use of data that are not time sensitive represents a gap in the protection of human study participants. In response, we offer a two-tiered model of consent that allows for data collected in real-time to be held in escrow until the acute post-disaster window has closed. Such a model not only respects the fundamental tenet of consent in research, but also enables such research to take place in an ethically defensible manner.     

Evaluation of a Visualization Assay for Blood on Forensic Evidence

In forensics, bloodstains on dark fabrics might be invisible for the naked eye. Although several visualization, presumptive, and confirmatory blood tests have been developed, all have one or more disadvantages, especially on DNA analysis. We report here the use of a visualization assay that can visually detect blood drops up to 1/20 dilution. In this assay, the fabric is placed between two wet filter papers and covered by glass surfaces on both sides. Pressure is applied on the glass surfaces in which bloodstains transfer onto the filter papers through capillary forces. Detected stains can be tested with other more sensitive presumptive blood tests performed on the filter paper. Even more, DNA analysis can be performed on the transferred bloodstains. The presented visualization assay is easy to perform, extremely cheap, requires little hands on time, and does not affect bloodstain pattern analysis.