Techniques for evaluating regulatory change

This paper demonstrates the applicability of two empirical techniques—the Heckman two-stage switching regression and the event study methodology—for evaluating regulatory or legislative change relating to companies and in particular to the regulation of company reporting. These techniques measure the impact of regulatory changes once they have happened. They could be used in practice if regulatory changes were subject to a review procedure. The availability of these relatively sophisticated techniques should encourage the quantitative analysis of regulatory changes. Comparisons of effects across member states of the European Union would be interesting but would obviously need care.     

A Feminist Perspective on Contract Theories from Law and Economics

This article offers a feminist perspective on contract theories in law,economics and law-and-economics. It identifies masculine traits presentcontract theories in all three disciplines. It then describes andassesses some developments that appear to be feminising: Therecognition of the importance of social norms in contract theory andtheories of contract as relationship. The article's main claim is that amasculine model of decision-making persists even within the less overtlymasculine models of contract. The problem of sexually transmitted debtresulting from a surety contract is analysed in detail as a specificexample supporting the article's general argument. The article concludesthat the way forward is to be found in a recognition of other ways ofmaking decisions.     

An Analysis of the Effects of Subjective and Objective Instruction Forms on Mock-Juries' Murder/Manslaughter Distinctions

Defendants' emotions at the time of their crimes may potentially serve as mitigating circumstances in murder/manslaughter cases. The present study examined whether differences between two forms of instructions given juries in such cases affected mock-juries' murder/manslaughter distinctions. Jurors' reasons for their verdicts and definitions of murder and manslaughter were also compared. In addition, three factors found to be predictive of murder/manslaughter distinctions in previous research were evaluated. It was found that, though instruction forms affected jurors' stated reasons for their verdicts and their definitions of murder and manslaughter, they did not significantly affect murder/manslaughter distinctions. Defendants were most likely to be convicted of murder if they had a history of violence with the victim and dwelt upon their emotions. We suggest jurors likely construe instructions given them to fit their a priori understandings of murder, manslaughter, and the potentially mitigating role of defendants' emotions.     

Scientific integrity in the forensic sciences: Consumerism,conflicts of interest,and transparency

The goal of this paper is to discuss scientific integrity, consumerism, conflicts of interest, and transparency within the context of forensic science. Forensic scientists play crucial roles within the legal system and are constantly under various pressures when performing analytical work, generating reports based on their analyses, or testifying to the content of these reports. Maintaining the scientific integrity of these actions is paramount to supporting a functional legal system and the practice of good science. Our goal is to discuss the importance of scientific integrity as well as the factors it may compromise, so that forensic practitioners may be better equipped to recognize and avoid conflicts of interest when they arise. In this discussion we define terms, concepts, and professional relationships as well as present three case studies to contextualize these ideas.     

A Multidisciplinary Perspective on the Role,Functions, and Effectiveness of Parenting Coordination

Based on a survey conducted in 2018 in collaboration with the Association of Family and Conciliation Courts’ (AFCC) Task Force on Parenting Coordination, this paper explores issues related to the process and perceived outcomes of parenting coordination for families post separation and divorce. The views expressed emerge from a diverse and multidisciplinary sample (n = 289) from legal, mental health, and conflict resolution backgrounds. Almost half of all participants (46%) were mental health professionals (psychologist, psychiatrist, social worker), followed by attorneys (28%), family mediators (17%) and judges (5%). Over half of all participants identified as a parenting coordinator (PC) (53%). Based on the results, participants had the highest level of agreement that the goal of parenting coordination should be to assist in sheltering the children from parental conflict and to help the coparents reduce interparental conflict. Participants assigned greater success to parenting coordination when there was demonstration that coparenting conflict decreased. Several differences were noted among professional disciplines and specifically between legal and mental health professionals. Mental health professionals rated higher on the effectiveness of PCs to help children adjust and limit their involvement in the parental conflict, while legal professionals focused on PCs’ ability to help families resolve legal disputes. The implications of the results are discussed, including how best to measure the success of parenting coordination and to prioritize outcomes related to the success of parenting coordination across disciplines to create greater consistency in the field.