Formation and change in lay evaluations of criminal sentencing

In public opinion polls, a substantial proportion of lay respondents report that judges are too lenient. We examine the factors that contribute to this perceived judicial leniency. The majority of lay respondents in our study said that judges are too lenient in their sentencing of burglary offenders; yet, their own sentencing preferences were more lenient than the required minimum sentence for residential burglary. Our survey and experimental data suggest that citizens' opinions are formed by their inaccurate impressions of the seriousness of actual criminal cases as well as actual judicial sentencing practices. Our experimental research indicates that opinions of judicial leniency can be changed by providing respondents with an example of the typical case that comes before the court. Directions for future research are discussed.We wish to express gratitude to Patti Vea, who, under the supervision of the first author, collected and entered the data from mass transit riders. We are indebted to Judge Warren Wolfson, Court Administrator Jeff Arnold, Chief Judge Harry Comerford, and Judge Frank W. Barbaro and his jury pool officers who gave us permission and assistance in obtaining juror participation for this research. We would like to thank Tom Tyler and Patrick McAnany for their insightful comments on earlier drafts, and editor Ron Roesch and three anonymous reviewers for their helpful suggestions.     

Not enough help for themselves--the risk of physicians to commit suicide

Physicians seem unwilling to deal with their own suicidal problems professionally. Suicide is a repressed topic. According to international studies, medical students and physicians are clearly over-represented among suicide victims. Committing suicide stands in sharp contrast to the positive image physicians enjoy as competent, strong helpers transmitting positive energy. Various studies and meta-analyses show that physicians use knowledge specific to their profession and are therefore "more successful" than the general population in committing suicide. Moreover, the data reveal a number of risk factors specifically correlating with medical practice. This is confirmed by an increased number of suicides during medical training and professional life in comparison with the general population. Gender-specific analyses show an even higher suicide risk for female physicians. In this context it cannot be excluded that out of "professional respect" cardiovascular causes of death are sometimes falsely documented in death certificates instead of suicide. Despite their special education, physicians are not very good at diagnosing their own emotional disorders and asking colleagues for adequate professional help. They rather tend to camouflage their own psychological problems also because they are afraid of occupational and personal discrimination.     

Subject Index to Soviet Law and Government,Volume 111 (Summer 1964-Spring 1965)

Systemic analysis shows that the East Asian "tigers" and "dragons" frequently mentioned in the press, if only because their numbers are small, are most likely exceptions to the overall socioeconomic picture of the world. Such islands of order in the ocean of world chaos are called attractors. The development of processes in the nonlinear environment in which attractors are present and new ones are appearing relatively rapidly usually leads to the appearance of the so-called strange attractor when the number of isolated attractors becomes sufficiently large for them to form a wide, closed-in area. It is well known that during this process their number increases in response to the operation of a bifurcation mechanism.     

Client Games: Defense Attorney Perspectives on Their Relations with Criminal Clients

In this study, relations between criminal defense lawyers and their clients are explored from the attorneys'perspective using interviews with 155 defense counsel from nine felony trial courts. Attorneys claim public clients are more skeptical and less willing to accept their professional authority than private clients and that they need to take extra steps to gain their cooperation. The accountability of attorneys is investigated in relationship to the need to establish "client control. " This problem is resolved through a gamelike situation leading to the apparent paradox that attorneys share decision-making power with public clients contrary to their expectations.     

“存在”、“此在”与“是非”——兼论庄子、海德格尔对人的存在问题观点之异同

西方哲学中“存在”一词在翻译成中文时出现的麻烦,从一个独特的角度映照出“存在”一词的多重含义和所谓“存在”问题的矛盾晦暗之处。汉语虽没有一个与“存在”完全对等的词语,但却用多个不同的词语来表述包含在“存在”中的问题。通过比较可以发现庄子所谈论的“是非”问题与海德格尔所谓“存在”、“此在”的问题在很大程度上是同一个问题,但他们对这个问题的解答却是不同的。这一比较实际上已经涉及到了中西方哲学传统中对个人的看法上的一个比较普遍的差异。     

Psychological self-defense

A small but increasingly visible number of battered women eventually kill their batterers. While most of these women plead self-defense, they are generally convicted of murder or manslaughter because their homicidal acts rarely fit the narrow legal definition of self-defense. This article (a) explains who battered women are and why they kill; (b) suggests that many, perhaps most, battered women who kill their batterers do so in psychological self-defense; and (c) argues that current self-defense law should be expanded to justify such killings.Adversary Forum is edited by Gary B. Melton.     

试论法律社会渊源的理论基础

在正式的法律渊源之外 ,还有大量的非正式法律渊源 (本文迳称为“法律的社会渊源”)的存在 ,这已是学术界普遍承认的事实。然而 ,为什么必须由社会渊源来弥补正式渊源的不足 ,其理论基础究竟何在 ,在法理上则很少有研究性的文章。为此 ,作者通过择取“自然与约定”、“理性与经验”、“国家与社会”三对范畴 ,论述了社会渊源存在的理论依据。作者的观点是 :法律的社会渊源是法律的理论与实践所必须 ,也符合法律与社会关系的一般原理 ,具有正当性与民主性基础     

Health economics: a report on the field

This study documents who health economists are, what they do, and what they think about professional and policy issues. Using primary data obtained through a mail survey of 518 health economists, we found that health economists are well trained by the standards of their profession. Most are employed in noneconomics departments in universities, where they spend their time very differently from their cousins in economics departments. There is a clear dichotomy in policy views among health economists. The characterization of the field as composed of "narrow" neoclassicists and "broad" eclecticists is supported by our data.     

Justice in Health Care Decision-Making: Patients’ Appraisals of Health Care Providers and Health Plan Representatives

This study describes the development of two versions of a Health Care Justice Inventory (HCJI). One version focuses on patients interactions with their providers (HCJI-P) and the other focuses on patients interactions with the representatives of their health plans (HCJI-HP). Each version of the HCJI assesses patients appraisals of their interactions (with either their Provider or representatives of their Health Plan) along three common dimensions of procedural justice: Trust, Impartiality, and Participation. Both the Provider and Health Plan scales assess indices that are relatively independent of patients demographic characteristics. In addition, patients appraisals of their interactions with their provider were only moderately related to their appraisals of their interactions with representatives of their health plan, indicating that the Provider and Health Plan scales tap distinct aspects of patients overall experience with the health care system. Overall, procedural justice dimensions were significantly related to patient satisfaction in both the Provider and the Health Plan contexts. As predicted, procedural justice factors were more strongly tied to patient satisfaction in the Provider than in the Health Plan context, and health care decisions based on distributive justice principles of Need (rather than Equity or Equality) were most closely tied to patient satisfaction in both contexts.     

The interlingual interpreter — Cypher or intelligent participant?

Conclusion The final question that arises here is whether interpreters' behaviour—in adding a word here or deleting a word there, as in the examples given above — actually justifies the suspicion of legal participants that they are not being told literally what the witness is saying. Interpreters argue that a literal rendering may confuse or mislead. Legal figures accuse interpreters of using their own words.Legal etiquette frequently precludes interpreters from identifying cultural or linguistic factors that are generating miscommunication, such as in the example given above of designating a particular winter. The mechanical, non-participatory role ascribed to interpreters in the lega setting further leads the legal professionals to denigrate the standing of the individuals performing language-switching. Failure to treat interpreters as participants, e.g. by supplying them with all documentation, including photographic material, leads to inaccuracies. The mechanical view of interpreters frequently precludes them from participating at their own initiative, either to request clarification of unclear material or to provide clarification where speakers' referents are based on different worlds of knowledge. I suggest that it is high time that the legal profession re-examined its attitudes towards foreign-language interpreters, and towards their product — interlingual interpretation.     

Food, drugs, and droods: a historical consideration of definitions and categories in American food and drug law

This Article explores the evolution and interaction of the legal and cultural categories "food" and "drug" from the late nineteenth century to the present. The federal statutory definitions of "food" and "drug" have always been ambiguous and plastic, providing the FDA with significant regulatory flexibility. Nevertheless, the agency is not necessarily free to interpret the definitions however it chooses. "Food" and "drug" are not only product classes defined by food and drug law, but also fundamental cultural concepts. This Article demonstrates that the FDA, as well as Congress and the courts, have operated within a constraining cultural matrix that has limited their freedom to impose their preferred understandings of these categories on American society. Nonetheless, history also provides ample evidence that lawmakers possess substantial power to mold the legal categories of "food" and "drug" so as to advance desired policies. One explanation for this regulatory flexibility in the face of deep-seated cultural conceptions is the indeterminate nature of the extralegal notions of "food" and "drug." The terms, as commonly understood, embrace nebulous, overlapping, and constantly evolving realms. Moreover, the relationship between culture and law is not a one-way street with respect to these categories. Although the regulatory apparatus has always had to take into account the extralegal understandings of "food" and "drug," the law in turn has exerted significant influence over their meaning in broader culture.     

Morphologic and clinical aspects of alveolitis

Non-infectious "pneumonias" are said to occur more frequently, among other things as a result of increasing environmental pollution. There is still no final systematizations of these pathogenetic complex diseases that is universally accepted; they are mainly defined according to pathomorphological criteria and are summarily termed "alveolitis" because of their localization in the acini of the lung. On the basis of a forensic expert's opinion, the problems are demonstrated.     

Intergroup Biases as a Function of Reflected Status Appraisals and Support for Legitimizing Ideologies: Evidence from the USA and Israel

Theory and research suggest that members of high-status groups feel more positively about their own group than members of low-status groups feel about their group. The studies presented here test two hypotheses derived from this general idea (1) that members of high-status groups will show greater bias in favor of the in-group when they believe that others perceive the status difference between their group and relevant low-status groups to be larger; and (2) that this relationship will be stronger when high-status group members also endorse ideologies legitimizing their privileged status. However, because low group status may have self-protective properties, it was hypothesized that imputed status differences would not relate to out-group bias among low-status group members, regardless of ideology endorsement. Two studies—using samples from the United States and Israel, respectively—provided clear support for these hypotheses. Implications for the study of both intergroup biases and legitimizing ideologies are discussed.     

On deriving rights to goods from rights to freedom

This paper examines a particular type of argument often employed to defend welfare rights. This argument contends that welfare rights are a necessary supplement to liberty rights because rights to freedom become hollow when their bearers are not able to take advantage of their freedom. Rights to be provided with certain goods are thus a natural outgrowth of a genuine concern to protect freedom.I argue that this reasoning suffers from two fatal flaws. First, it rests on an erroneous notion of what it is to have a right, neglecting the fact that the exact source of a person's inability to exercise a right is crucial to determining whether that right is being respected. Second, the argument equivocates as to the freedom that rights are intended to protect, sometimes confusing freedom with ability, sometimes confusing not being free with not having other desired things, and sometimes confusing what a person is able to do with what a person is entitled to do.     

Limiting Liability for Automobile Accidents: Are No-Fault Tort Thresholds Effective?

"No-fault" automobile insurance plans are designed to supplant the tort system by requiring motorists to purchase no-fault insurance and allowing victims to file liability insurance claims and tort suits only if their injuries exceed a legislated "tort threshold." While thresholds vary among states, many are satisfied if the victim incurs medical expenses as low as a few hundred dollars. Using insurance claims data, we estimate the effectiveness of several states' thresholds. We find that tort thresholds are surprisingly effective: modest tort thresholds reduce the number of successful tort claimants by half, and the strictest thresholds may exclude nine-tenths of potential claimants. Moreover, we find little evidence of claimants "padding" their claims to exceed the dollar thresholds.     

Managing Regulatory Risks and Defining the Parameters of Blame: A Focus on the Australian Prudential Regulation Authority

Risk-based regulation is a new arrival in the lexicon of risk and regulation. Regulators in Australia, Canada, and the UK have begun developing systems and processes to assess the probability and impact of compliance failures by regulated firms, and to adjust their relationship with firms accordingly. This article explores the motivations for, and key elements of, the risk-based frameworks of one of those regulators, the Australian Prudential Regulation Authority (APRA). It broadens out from this case study to argue first, that risk-based regulation goes hand in hand with the technique of "meta" regulation, the regulation of the firm's own internal self regulation, and will both fuel and be fueled by any trend towards the latter. Second, it argues that risk-based frameworks are not risk-free: whilst they seek to manage risks they inevitably introduce their own. Third, risk-based regulatory frameworks have the potential both to expose and obscure key sociopolitical and socioeconomic choices as to the amount or types of regulatory failures that an agency will tolerate, and which in effect it is requiring society to tolerate. "Risk based frameworks" are attempt to define what are acceptable "failures" and what are not, and thus to define the parameters of blame.     

Redressing the imbalanced political market for health policy: a role for the state attorney general?

In current discussions of "procompetitive" approaches to health policy, the enforcement of antitrust laws in health care markets is a strategy that has attracted increasing attention: the filing of consumer-oriented health suits provides a means to "redress" the typically imbalanced "political market" in health policy. This study examines an important aspect of the antitrust enforcement process, the decision by a state attorney general to undertake an aggressive antitrust enforcement program in the health area. Three variables were found to explain this decision: the political needs of a "politician-supplier," the organizational resources of a strategic institutional position, and the availability of a relatively favorable policy arena. An assessment of the future role of state attorneys general in this area suggests that their health antitrust initiatives will increase, but that various political and resource constraints are likely to inhibit their aggressiveness in pursuing these actions.     

Entrepreneurship, Secrecy, and Productivity: A Comparison of Clinical and Non-Clinical Life Sciences Faculty

This paper addresses research in the life sciences, responsible for significant national expenditures for scientific investigations funded by both the federal government and industry. Our investigation examines faculty members' involvement with industry in entrepreneurial ways that is, involved in translating their research into potentially marketable knowledge or products. First, this study examines whether there are differences in entrepreneurial behaviour between clinical and non-clinical faculty in the life sciences with industry relationships, and, second, to discover any linkage between entrepreneurship and secrecy or productivity in different ways for clinical and non-clinical faculty. The study is based on survey responses of a national sample of 4,000 clinical and non-clinical life sciences faculty in 49 U.S. research universities. The results show non-clinical faculty as more involved at the back end. The more entrepreneurial end of commercialization while clinical faculty are involved at the back end. The more entrepreneurial faculty (non-clinical) are more likely to be secretive about their research. Clinical faculty are less likely to have been denied access to research results or products. Entrepreneurial faculty are not less productive in their faculty roles. This investigation is preliminary in that it addresses one large area of academic research but excludes fields with longer historical relationships with industry.