Theory, Operationalization, Identification, and the Interpretation of Different Differences in Time Series Models

The principals in this exchange, David Cantor, David Greenberg, and Kenneth Land, have each contributed outstanding methodological and substantive scholarship to criminology and to the social sciences more generally. In exchanges such as this we are engaged in a collective process of refining and advancing our knowledge in the areas of both criminology and statistical methods. The issues raised by Greenberg provide an opportunity to reflect on time series modeling and to revisit some issues concerning operationalization and model specification. I do not expect any of us to agree fully on these issues, but we may be able to shed some light on these issues, and collectively this may help the larger community of criminologists and social scientists.     

Hospice utilization: political, cultural, and legal issues

The provision of end-of-life care is considered a substantive part of nursing, and hospice is often considered the "gold standard" of optimal end-of-life care. Unfortunately, however, only an estimated 43% of patients eligible for hospice actually receive hospice services (Harrison, Ford, & Wilson, 2005). The purpose of this article is to describe the political cultural, and legal issues associated with the underutilization of hospice care. Specifically, this article will outline the policy issues for accessing hospice under Medicare and Medicaid, the cultural and social issues in hospice utilization, and the legal implications of these issues. In addition, this article will serve to offer initial solutions to the problems at hand in order to guide nurses in promoting effective, efficient, and realized access to hospice services.     

Administrative,legal, and ethical practices in the psychological testing of law enforcement officers

Recently, more law enforcement agencies have chosen to use psychological testing as an important component of their preemployment screening programs. Important legal and ethical issues have been raised by the increased use of psychological testing for this purpose. These issues include the applicant's right to privacy, the validity of the psychological instrument(s) used, the definition of what constitutes an “unsuitable” candidate, and the existence of racial and/or sexual bias. This article presents ten suggestions that address some of these issues and that may aid law enforcement agencies in adopting the spirit of the Uniform Guidelines on Employee Selection Procedures and other psychological-testing standards.     

Advancing prevention research on child abuse, youth violence, and domestic violence: emerging strategies and issues

Prevention research on the related problems of child abuse, youth violence, and domestic violence has grown at an accelerating pace in recent years. In this context, a set of shared methodological issues has emerged as investigators seek to advance the interpersonal violence prevention knowledge base. This article considers some of the persistent methodological issues in these areas and points out emerging research strategies that are forging advances in garnering valid, rigorous, and useful knowledge to prevent interpersonal violence. Research issues and emerging strategies in three key domains of prevention research are considered, including complexities in validly conceptualizing and measuring varying forms of violence as specific targets for preventive intervention, research issues and strategies designed to reliably predict and identify future violence risk to be targeted by preventive intervention, and research issues and emerging strategies in the application of empirical methods to forge specific advances in preventive intervention strategies themselves.     

The Idiom of Legalism in Bar Politics: Lawyers, McCarthyism, and the Civil Rights Era

This paper considers the political role of the organized bar from three perspectives: the historical question of the stance taken by bar associations during the major civil rights debates of the post-World War II period; the sociological question of the extent to which legal associations can act collectively on highly contentious political issues; and the legal question concerning the implications of legal formalism for the politics of the bar. Contrary to the belief that legalism is an inherently conservative means of justifying professional inaction on fundamental issues, the paper argues that in fact legalism may well be the most important basis of intra-professional consensus on those issues as well as the most powerful means by which the profession can influence state and national governments. Legalism can be understood as a common professional idiom which allows mobilization on divisive issues. It can be used in support of both liberal and conservative causes. In this sense, within certain limits, legalism is neutral–an expedient which enables the profession to act politically in circumstances which otherwise would effectively immobilize its collegial associations.     

Transnational Exchange of Forensic DNA: Viability,Legitimacy, and Acceptability

Forensic DNA profiling and databasing have become increasingly significant resources for criminal investigations in many jurisdictions. More recently, there have been attempts to recruit these technologies into the policing of cross-border organized crime, migration and terrorism. We examined the trajectory of one such attempt, the establishment and operationalisation of the Prüm Treaty within the European Union. We describe the way in which early technological considerations underlying DNA profile exchange, managed within law enforcement bureaucracies, have given way to a concern with broader societal issues and the necessity for a multifaceted scrutiny of this particular technolegal innovation. Central to this issue is the hybrid nature of exchange arrangements created as a result of the European Council Decision on Prüm (2008). The Prüm Treaty departs from the increasingly normalized framework for criminal justice cooperation, and at the same time, does not facilitate DNA exchange within a more traditional multinational instrument. We consider the significance and implications of the political decisions behind Prüm, as well as the consequences for the development of transnational DNA exchange in terms of three key issues: technical and scientific challenges (viability); legal challenges (legitimacy); and ethical and socioeconomic challenges (acceptability). Unless the Prüm structure is reformed, an important and promising initiative may remain encumbered with unresolved problems of legitimacy and acceptability. A lack of direct democratic involvement of many member states precluded the creation of consensus on issues such as privacy, data protection and due process issues, upon which legal and political regimes could then act.     

Historical and contemporary views of social control,race, crime,and justice

This volume is a special issue commemorating Black History Month in the United States. The five papers contained in the volume address a wide variety of issues in the area of race, crime, and justice.     

Legal Hybridity,Trust, and the Legitimacy of the Shari'ah in the Bangsamoro

Legal hybrids have the potential to address justice and development issues in both conflict and postconflict settings. Using the Philippine Shari'ah court system as a case study, this study demonstrates that state hybrids suffer from legitimacy and capacity issues that also constrain their ability to deliver effective justice services and respond to conflict challenges. Forging cooperative networks between secular courts and Shari'ah courts and between local justice personnel and central justice authorities can enhance the effectiveness and legitimacy of a formalized legal hybrid. This can assist in addressing the justice deficit that fuels the cycle of conflict and sustain peacebuilding efforts postconflict.     

Crime,criminology and human rights: Towards an understanding of state criminality

This paper explores issues related to the analysis of a type of criminality frequently ignored in criminological literature: crimes of the state. It explores the potential of critical criminology to deal with state criminality via investigation of such issues as state interventions, overlapping activities of criminal versus non-criminal organizations and the distinction between individual and state actors. The paper specifically examines state criminality via analysis of the activities of the CIA and FBI in the United States. These activities include methods of surveillance, wiretapping, mail tampering, and the use of agents provocateurs. It also examines issues related to relativity in the definition of terrorism and the use of terrorism by the state. It is argued that, unless criminologists begin to address these issues, criminologists may find themselves in the awkward position of aiding the criminalization of non-criminal peoples around the world.     

PRACTICE ISSUES, STRATEGIES, AND MODELS

A recent Canadian study begins to address the lacuna in family mediation process research identified by Kelly. This study generated important data previously not available on a broad range of issues and concerns regarding the process and practice of family mediation and the extent of variability of current family mediation practice. The study focused on where family mediators position themselves in relation to salient issues and debates in the field; the interventions, methods, procedures, techniques, and strategies they find most useful and effective in their work; and the theories that guide them in their practice and the models of practice that they use. This article reports the key findings of the study and begins to discuss the implications of the research for mediation practice and sociolegal policy.     

Information privacy,impact assessment,and the place of ethics

There is now a flourishing but confusing debate about the ethics of artificial intelligence and other advanced technologies that use data extensively and intensively. There is a rush to define principles and frameworks for these activities, including the research that underlies innovations. This article illustrates and explores some of the perspectives, proposals, inventories and other materials that comprise these efforts. It begins with a look at the current interest in research ethics, and then highlights and comments on examples of the ethical frameworks, principles, and other schemes that have recently appeared. It then considers impact assessment of various kinds, especially regarding data-driven technologies, in which ethical and social issues or values are to the fore. It ends by touching on some issues that relate to attempts to devise ways of dealing with the adverse effects of advanced technologies and systems, including governance and the making of ethics-based judgments.     

Ethical,legal, social,and policy issues in the use of genomic technology by the U.S. Military

Advances in genomic science are attracting the interest of the U.S. military for their potential to improve medical care for members of the military and to aid in military recruitment, training, specialization, and mission accomplishment. While researchers have explored the ethical, legal, and social issues raised by the use of genomic science in a wide variety of contexts, there has been virtually no examination of these issues in connection with the use of genomics by the military. This article identifies potential uses of genomic science by the military, proposes an applicable ethical and legal framework, and applies the framework to provide ethical and legal guidance for military decision-makers.     

Aggregation,ratio variables,and measurement problems in criminological research

Issues of measurement error, level of aggregation, and ratio variables have been considered serious problems in criminological research. Although there have been many recent discussions of these issues in sociology and criminology, studies designed to assess the impact of these problems on the results of empirical research have, for the most part, been absent. After reviewing what is known theoretically and conceptually about these issues, an investigation which compares empirical analyses of a particular type of crime, homicide, that use different measurement strategies, different levels of aggregation, and ratio versus nonratio variables is presented. Utilizing homicide data from the mid-1970s and selected independent variables, the results of this investigation indicate that these three problems can interact in an empirical setting such that potential solutions to these problems do not always apply in the manner suggested in previous studies. The results also indicate that there is great risk in ignoring one or more of these problems in empirical research, in that different substantive conclusions can be reached from analyses that ignore these issues compared with analyses that deal directly with them.     

Managed care liability today: laws, cases, theories, and current issues

Managed care entities face numerous liability issues in today's changing healthcare environment. This Article provides the plaintiff with a comprehensive road map for navigating the many avenues of managed care liability. The author describes ERISA pre-emption provisions and suggests ways plaintiffs' attorneys can strive to narrow the pre-emption. The Article also provides in-depth analysis of each theory of managed care liability that has been litigated against managed care entities to date, and then goes on to explore state laws imposing liability on managed care entities, and how HMO liability is being reformed through legislative action. For plaintiffs' attorneys seeking the full spectrum of theories of managed care liability, or for defendants' attorneys wanting to remain updated on all potential claims to defend, this Article constitutes an extensive primer on the current issues.     

THE LAWS,POLICIES, AND POLITICS OF REGULATING LEAD POLLUTION IN CHINA

This article examines the politics, laws and policies related to regulating lead pollution from lead-acid battery related manufacturing facilities in China. Particularly, this paper examines how China＇s Ministry of Environmental Protection （MEP） was able to force the temporary closure of nearly 90 percent of lead-battery manufacturing facilities within a period of months in 2011, after years of enforcement failures. The authors analyze the extent to which the Government＇s response to address lead pollution was based on laws and policies that can be systematically and consistently deployed by MEP as needed, or whether such measures are reliant on political will from outside MEP. Additionally, the authors are concerned with the extent to which China ＇s governance response to lead pollution primarily addresses environmental and public health issues; or rather it primarily addresses political and economic development issues, and whether this difference is significant. The article makes suggestions for how China can improve its environmental enforcement, and in so doing, contributes to a growing field of scholarship that examines environmental governance issues in the context of developing countries.     

Symposium,Cannabis—Legal,Ethical, and Compliance Issues: Introduction

This introduction reviews six articles presented at the 2020 symposium, “Legal, Ethical, and Compliance Issues in Emerging Markets: Cannabis in the States.” Scholars from across the United States and Canada presented research using the lens of law and strategy, ethics, and compliance to focus on the U.S. cannabis industry. The articles are discussed within the framework of institutional voids common to emerging markets, which may include a lack of a fully developed regulatory system and issues related to financial markets. These institutional problems create complexity for consumers, producers, municipalities, and state governments in this industry, and make success for this market segment more challenging. The introduction contributes to the discussion by reviewing securities litigation involving the cannabis industry generally and specifically in light of some of the issues identified by authors in the special issue.     

Character,purpose, and criminal responsibility

This paper explores analyzing criminal responsibility from the Humean position that blame is for character traits. If untoward acts indicate undesirable character traits, then the agent is blameworthy; if they do not, then the actor is not blameworthy — he has an excuse. A distinctive feature of this approach is that that voluntariness of acts is irrelevant to determining blameworthiness.This analysis is then applied to a variety of issues in criminal law. Mens supports inferences to character traits, and the Humean approach provides a reason for rejeting strict criminal liability. The Humean approach also helps resolve a number of issues about attempts, such as punishment for impossible attempts and the defense of abandonment. It also supports the broad outlines of the defense of mistake and provides a third alternative in the Wooton-Hart debate over punishment and treatment.     

Neuropsychological,Psychological, and Vocational Assessment of High Achievers in a Medicolegal Context

High achievers are a unique subset of persons referred for neuropsychological and psychological assessments in medicolegal contexts, including personal injury, disability, and workers’ compensation cases. Literature in this area is limited and poorly integrated, and neither a conceptual model nor best evidence-informed practices for the assessment of high achievers in the medicolegal context have yet emerged. Construct and methodological issues also hamper the ability of assessors to accurately and fairly assess this specialist group, which is particularly troubling in high-stakes forensic assessments. This paper reviews the current methodological issues involved in the assessment of high achievers and proposes an integrated, multimethod assessment model based on a particular vocational group, namely that of business leaders and entrepreneurs, that draws from available empirical research in different fields of psychological inquiry.     

Regulation, risk assessment, and the Supreme Court: the case of OSHA's cancer policy

As a case study of policy distortion in the legal and regulatory processes, this article first establishes the incongruities among the political, scientific, and legal issues surrounding OSHA's Cancer Policy and then examines the political consequences of ignoring these incongruities in judicial and administrative decisions about that policy. By delineating the political, scientific, and legal issues involved, we develop a basis for assessing the Supreme Court's difficulties in reviewing the Cancer Policy. These difficulties are related to the issue of regulatory reform, as indicated by the subsequent fate of OSHA's Cancer Policy under the Reagan administration. This article concludes with reflections upon regulatory reform in the light of the current status of OSHA's regulation of workplace carcinogens.     

Prison mental health services: results of a national survey of standards, resources, administrative structure, and litigation

The formation of adequate mental health systems within prisons has accelerated as a result of successful class action lawsuits. Our recent national survey questioned all state correctional departments about the existence of standards in each system, compliance with such standards, prevalence of class action lawsuits involving the issue of providing adequate mental health services for inmates, issues related to consent decrees, available mental health resources within the correctional system, and the administrative structure of the mental health system. Our purpose was to identify those factors correlated with certified class action lawsuits involving issues related to mental health services. Twenty-one states were involved in such litigation. Only the presence of psychiatric hospitals operated by the department of corrections correlated with the presence of certified class action lawsuits involving mental health services. Prison systems larger than 15,000 inmates were at higher risk for such litigation. Smaller systems having psychiatric hospitals run by the state mental health agency appeared to be at less risk for such litigation.