Arguing Against the Expressive Function of Punishment: Is the Standard Account that Insufficient?

Law and Philosophy - This paper critically appraises the arguments that have been offered for what can be called ‘the expressive function of punishment’. According to this view, what...     

Interpreting Sexual Dating Encounters: Social Information Processing Differences in Men and Women

Research has shown that college women are at considerable risk for sexual assault by dating partners, and studies have shown early detection of threat risk cues is an important factor in rape avoidance. This study examined how men and women process sexual encounters in a date rape situation and how they differ in interpretation of cues and response decision-making using Crick and Dodge’s (1994) model of social information processing (SIP). Participants listened to an audio vignette depicting a female resisting sexual contact as the male continues to make sexual advances. The vignette was paused at a point in which there is ambiguity concerning the sexual intentions of the actors, and multiple choice/forced answer questions reflecting five stages in social information processing (causal and intent interpretation, goal clarification, response decision, response efficacy, and response evaluation) were administered. Analyses revealed males and females significantly differed in all SIP stages, and emotional reaction was a significant predictor of response decision. Implications of the findings were discussed.     

Drug Testing and Procedural Fairness: The Influence of Situational Variables

This study examines the effect of four variables (i.e., interpersonal treatment, organizational reputation, testing context, and consequence of testing) on perceptions of the procedural fairness of a drug-testing program. Main effects for each of these variables on perceptions of procedural fairness were expected. In addition, interactions were predicted between interpersonal treatment and organizational reputation, testing context and consequence, and testing context and interpersonal treatment. Results generally supported the hypotheses, revealing main effects for the four variables and two significant interactions. The implications of these findings for justice research and the design and implementation of drug-testing programs are discussed.     

Understanding gender differences in distributive and procedural justice

Gender differences in treatment and in judgments of distributive and procedural justice were examined. Three hundred nine litigants who had been involved in arbitrated auto negligence lawsuits responded to exit surveys. Two mechanisms by which gender might influence justice perceptions were explored. First, we examined whether a “chivalry bias” might be operating, in which the procedures systematically favor women over men. If such biases occur, women might feel they had been treated more fairly because of egocentric biases. Results provided only modest support for the chivalry bias. While women received slightly better awards and perceived somewhat more control than men, these differences had no effect on perceptions of distributive or procedural justice. Second, we examined whether men and women differ systematically in the factors they use as indicators of distributive and procedural justice. On the basis of group-value theory we predicted that women might place more emphasis on standing or on outcome favorability. The study revealed that men and women did differ in how they defined distributive justice, with women placing more emphasis on their perceived standing and on their perceptions of the favorability of their outcomes. There were no substantial gender differences in how procedural justice was defined. Results are interpreted in terms of how women might be responding to insecurity about facing a justice system historically dominated by men. An erratum to this article is available at .     

Any-Willing-Provider laws: their financial effect on HMOs

Any-Willing-Provider (AWP) legislation requires that health plans accept any health care provider who agrees to conform to the plan's conditions, terms, and reimbursement rates. Many states have adopted such legislation, raising questions about its effect on the managed care market. Those favoring this legislation argue that it will reduce restrictions on choice of provider, while opponents argue that it will reduce competition by increasing administrative and medical costs for managed care plans. Using cross-sectional time-series data for the period 1992-1995 (the period during which many of these laws were enacted), this study investigates the effect that these laws have on HMO financial performance. Our results show that "all-provider" AWP laws have a very limited effect on the financial performance measures we examine. "Pharmacy" AWP laws have a more significant effect, but neither type of law appears to affect the overall profitability of HMOs.     

Medical malpractice reform and insurer claims defense: unintended effects?

In response to recent and past medical malpractice insurance crises, most states have implemented reforms meant to stabilize premiums and coverage availability. The importance of understanding whether these reforms implicitly affect the behavior and incentives of plaintiffs, attorneys, medical providers, and malpractice insurers in the intended way is crucial to policy makers, if they are to achieve their goal. This study specifically examines the effect of reforms on the claims defense efforts of insurers, given that defense expenses account for approximately 30 percent of malpractice premiums. Using state data for the period 1998-2002, we regress claims defense expenses against a variety of reform variables. These include seven tort reforms (noneconomic damage caps, punitive damage limits, attorney fee limits, modified collateral source rule, modified joint and several liability doctrine, mandatory pretrial screening, and statute of limitations) and two government-sponsored insurance mechanisms (joint underwriting associations and patient compensation funds). Claims defense expenses are found to be higher in the presence of noneconomic damage caps, punitive damage limits, and attorney fee limits--an unintended and counterproductive effect of reform--but are lower with mandatory pretrial screening and patient compensation funds.     

Violence against Women as a Factor in Unmet Need for Contraception in Southwest Nigeria

Evidence abounds that the relatively low patronage of family planning services in Nigeria is not simply as a result of the people being resolutely pronatalist. Available statistics indicate that some women are not using contraceptive despite their stated desires to limit or space births and as much as 62% of women with unmet need in Nigeria do not intend to use contraceptive. The paper examines the significance of violence against women in relation to unmet need for contraception. The study utilizes data obtained from a survey which took place in 2004 in six different locations (three rural and three urban) drawn from two of the six Southwestern states, Nigeria. Our findings indicate that domestic violence was not a strong factor influencing contraceptive use and unmet need in the area as spousal opposition was not cited as their reason by any of the women who were not using contraceptives.