Effective representation of children by the guardian ad litem: an empirical investigation

Guardians ad litem (GALs), designated to represent children's best interests in civil abuse and neglect proceedings, fulfill the role with little direction. This project was designed to develop guidelines for GALs based on the available legal and social science literature as well as empirical surveys of both GALs and persons working closely with them. Data from interviews, questionnaires, and literature reviews were analyzed, and a comparison of the practice of GALs in Iowa with norms derived from the literature survey was made. A training manual was developed to help insure effective representation of children by GALs. This research represents one of the first to examine empirically the behavior of GALs and to make such a comparison with literature and statutes.     

Searching for the source of technical inefficiency in Italian judicial districts: an empirical investigation

In this paper, we conducted a two-stage analysis of technical efficiency in Italian judicial districts by focusing on civil cases in 2006. Unlike most of the works that apply the Data Envelopment Analysis technique to study the justice sector, in the first stage, we employed the smoothed bootstrap procedure to generate unbiased technical efficiency estimates. In the second stage, we used a semi-parametric technique (Simar and Wilson in J Econom 136(1): 31–64, 2007) that produces a robust inference for an unknown serial correlation between efficiency scores. Our results show that technical efficiency is explained by demand factors and supports the conclusion that opportunistic behaviour from both claimants and lawyers negatively affects technical efficiency in Italian judicial districts.     

Occupational structures across 25 EU countries: the importance of industry structure and technology in old and new EU countries

This article analyzes the occupational structure of 25 European Union countries during the period 2000–2004. Shift-share analyses are used to decompose cross-country differences in occupational structure into within sector and between sectors effects. The static analysis for 2004 shows that the new member countries employ a lower share of skilled workers because their industry structure is biased towards less skill-intensive industries and because they use fewer skills within industries. The differences in the shares of (high-skilled) non-production workers are dominated by the between (industrial) effect. In contrast, the dynamic analysis of 2000–2004 showed that changes in the share of high-skilled non-production workers are mostly driven by within sector changes, which are probably related to skill-biased technological change. Similar trends in the countries’ within effects support the catch-up of the new member countries’ skills demand, while the structural developments that could equalize the industry mix of the new and old member countries are related to increased domestic demand and will probably take time.

A comparison of data protection legislation and policies across the EU

Although the protection of personal data is harmonized within the EU by Directive 95/46/EC and will be further harmonized by the General Data Protection Regulation (GDPR) in 2018, there are significant differences in the ways in which EU member states implemented the protection of privacy and personal data in national laws, policies, and practices. This paper presents the main findings of a research project that compares the protection of privacy and personal data in eight EU member states: France, Germany, the UK, Ireland, Romania, Italy, Sweden, and the Netherlands. The comparison focuses on five major themes: awareness and trust, government policies for personal data protection, the applicable laws and regulations, implementation of those laws and regulations, and supervision and enforcement.The comparison of privacy and data protection regimes across the EU shows some remarkable findings, revealing which countries are frontrunners and which countries are lagging behind on specific aspects. For instance, the roles of and interplay between governments, civil rights organizations, and data protections authorities vary from country to country. Furthermore, with regard to privacy and data protection there are differences in the intensity and scope of political debates, information campaigns, media attention, and public debate. New concepts like privacy impact assessments, privacy by design, data breach notifications and big data are on the agenda in some but not in all countries. Significant differences exist in (the levels of) enforcement by the different data protection authorities, due to different legal competencies, available budgets and personnel, policies, and cultural factors.     

Bankruptcy systems and economic performance across countries: some empirical evidence

This paper examines the relationship between the insolvency systems and the investment share of GDP across countries. The objective is to find out the relationship between bankruptcy procedures and economic performances around the world. Empirical evidence suggests that: (1) the investment share of GDP is higher in those countries characterized by highly efficient bankruptcy system; the more efficient the insolvency procedures in terms of time, cost and recovery rate, the more readily available debt is and the higher the Investment/GDP ratio is; (2) the investment share of gross domestic product is positively associated with the degree of sophistication of the Bankruptcy Law, at least below a certain level of legal production; (3) data suggest some complementary effect between Bankruptcy Law and Enforcement for rich countries, while the interaction term indicates some substitution effect when poor countries are considered. Some policy implications conclude the work.     

Market structures,political surroundings,and merger remedies: an empirical investigation of the EC’s decisions

This paper aims to build and empirically evaluate a discrete choice model of merger remedies as a basis for policy analysis. The database consists of 229 merger cases accepted in Phase I or Phase II of the European merger process between 1990 and 2005. We focus on the following question: Which merging firms’ characteristics lead the European Commission to decide whether to require conditional acceptance? Although a lot of empirical studies have been carried out these last years, ours is distinguished by at least two original features. First, we explore determinant factors of the Commission’s decisions with a neural network model differentiating cases accepted with or without remedies (either structural or behavioral). Secondly, we implement three multinomial logit models. We find that variables related to high market power lead more frequently to a remedy outcome, no matter the phase. Innovative industries such as energy, transportation and communications positively affect the probability of a behavioral remedy. Lastly, former Competition Commissioner Mario Monti’s policy appears to be pro-remedy, i.e. seeking concessions from merging parties.     

Economics of court performance: an empirical analysis

This paper proposes an empirical analysis of Spanish court performance using the economic approach. An econometric model will be estimated in order to answer two basic questions: (1) why some courts’ output it is greater than others? (2) Could courts produce a higher output using their actual resources? In addition it will be determine, by means of an analysis of variance (ANOVA), whether courts showing higher than average output have dictated resolutions with a higher reversal rate.     

An empirical investigation of insanity defense attitudes: exploring factors related to bias

This study's primary aim was to evaluate factors that influence attitudes toward the insanity defense in a sample of 578 college undergraduates. In addition to a comprehensive demographics survey, participants completed the Insanity Defense Attitude Scale-Revised (IDAS-R) and the Attitude Toward the Death Penalty (ATDP) Scale. Favorable attitude toward capital punishment and misperceptions about overuse of the insanity defense were related to negative attitudes toward the insanity defense. Hierarchical regression analyses demonstrated that possessing a favorable attitude toward capital punishment was the most robust predictor of a negative attitude toward the insanity defense. These findings provide valuable information about factors that create and maintain biases against the insanity defense and suggest areas of inquiry that could aid attorneys in selecting unbiased jurors.     

Informed consent in Canada: an empirical study

The case of Reibl v. Hughes has significantly altered the law regarding informed consent in Canada. It might be expected, therefore, that its impact on the Canadian medical profession would be significant. However, in the first study to examine the practice of Canadian doctors in this respect, Professor Robertson concludes that the profession is largely unaware of either the decision or its importance. Further, the study examines doctors' current perceptions and opinions on the disclosure of risks to patients and the results, among others, raise serious questions regarding both the awareness and reception of important legal rulings.     

Psychological profiling of sexual murders: an empirical model

Psychological profiling represents the investigative technique of analyzing crime behaviors for the identification of probable offender characteristics. Profiling has progressively been incorporated into police procedures despite a surprising lack of empirical research to support its validity. Indeed, in the study of sexual murder for the purpose of profiling, very few quantitative, academically reviewed studies exist. This article reports on the results of a 4-year study into Australian sexual murders for the development of psychological profiling. The study involved 85 cases of sexual murder sampled from all Australian police jurisdictions. The statistical procedure of multidimensional scaling was employed. This analysis produced a five-cluster model of sexual murder behavior. First, a central cluster of behaviors was identified that represents common behaviors to all patterns of sexual murder. Next, four distinct outlying patterns--predator, fury, perversion, and rape--were identified that each demonstrated distinct offense styles. Further analysis of these patterns also identified distinct offender characteristics that allow for the use of empirically robust offender profiles in future sexual murder investigations.     

Restorative justice in Belgian prisons: the results of an empirical research

Justice – when spelled with a capital ‘J’ – should be discursive [31] and based on equal respect ([40]: 206, 210) allowing a plurality of voices within the discourse. Particularly in the present research, this thread of pluralism is important. Prisoners’ voices have rarely been heard. Yet, if we wish to be true to the principle that restorative justice is discursive, it follows that the discourse is not complete without also accommodating their voices. To date, little research attention has been paid to the inner motivations of imprisoned offenders for willing to participate in restorative justice initiatives, as well as to their perceptions about their relationships with the victim and the community and the impact of religion on them. Hence, the present empirical study, conducted in several prisons across Belgium, endeavours to shed light on these aspects that have been theoretically overlooked, providing valuable information at policy-level about the design of future restorative justice programmes.     

Personality under EU Law: A Conceptual Answer towards the Pluralisation of the EU

Although the trend towards pluralisation within the institutional framework of the EU is somewhat reflected in theoretical efforts, legal scholarship's answer remains incomplete. Acknowledging that legal personality is always relative—ie related to a particular legal system—personality under EU Law should be recognised and developed as a distinct category. This allows for reconsideration and rearrangement of inter‐ and intrapersonal relations in EU Law: inter‐institutional agreements can gain firmer legal ground, the recognition of hierarchical structures within the EU executive branch can advance the maintenance of the rule of law, legal protection of the Union's citizens shall be advanced, and options as well as limits to privatising organisation at the EU level shall be formulated. On the whole, methodological self‐reflection along these lines is bound to lead to a valuable contribution of legal research in times of EU crisis.     

Stalking: developing an empirical typology to classify stalkers

Stalking has received a great deal of attention from the media and its harmful effects on victims have been well documented. Stalking is also more common than previously thought, leading researchers to classify stalkers into groups in an attempt to predict future behavior. Previous research has grouped stalkers based on theoretical models rather than trying to empirically examine stalking behaviors along with other factors such as motivation, type of relationship, and attachment style in determining a typology of stalkers. Female college students (N = 108) who had experienced stalking behaviors responded to questions regarding their perceptions of those behaviors. First, these victim perceptions were factor analyzed. Then, cluster analysis grouped those factors to produce a four-cluster typology of stalkers. Cluster 1 (Harmless) appeared to reflect a more casual, less jealous pattern of behavior. Cluster 2 (Low Threat) appeared the least likely to become physically violent or threatening, or to engage in illegal behaviors. Cluster 3 (Violent Criminal) appeared to be the most likely to engage in physically threatening and illegal behaviors. Cluster 4 (High Threat) was characterized by a more serious type of relationship and may attempt to be more restrictive of their partner when first meeting them.     

An empirical investigation of written risk communication in forensic psychiatric evaluations

Abstract

There has been an increased interest in approaches for improving violence risk assessment, but less so how to communicate risk assessment results. We studied the written risk communication of 142 cases of forensic psychiatric evaluations in Sweden. The results suggested that risk for criminal recidivism was communicated in the vast majority of the cases (122 out of 142), but that risk was primarily communicated when the risk was perceived to be high. A six-item protocol to assess the content of the risk communication suggested that the communication was well elaborated in 21/122 of the cases, moderately elaborated in 53/122, poorly or very poorly elaborated in 43/122, and non-elaborated in 5/122 of the cases. Level of elaboration was only vaguely related to sociodemographic characteristics pertaining to the assessed (sex, age, citizenship) and the type of crime committed, but highly correlated to clinical diagnoses (DSM-IV) as well as contextual factors of the evaluation (which professional group and which clinic the assessment was performed).