Juvenile Transfers to Adult Court: An Examination of the Long‐Term Outcomes of Transferred and Non‐Transferred Juveniles

Juveniles who are transferred to adult court are more likely to recidivate than non‐transferred juveniles, but limited research has examined how transfer can impact other life outcomes like attending college and employment. To examine this issue, data from the National Longitudinal Survey of Youth (1997) were analyzed from 1998 to 2011. It was found that court involvement during adolescence does not harm educational attainment. However, prosecution of juveniles in adult court significantly impairs earning potential well into adulthood. The current study provides further evidence of the long‐term harms caused by transfer and demonstrates how transfer further disrupts the desistance process.     

Long‐Term Change and Stability in House Voting Decisions: The Case of the Minimum Wage

Although members of Congress exhibit considerable stability in their voting decisions on similar, recurring issues, members' long‐term voting histories reveal evidence of systematic instability as well. I argue that members reverse positions in predictable ways when the vote history loses value as a decision cue, and I present empirical evidence for this behavior in the context of the highly salient and regularly repeated House decisions on increasing the federal minimum wage. The empirical findings suggest that reversals of member positions are related to institutional, electoral, and constituency factors. I conclude by discussing the importance of these findings to understanding congressional decision making and representation.     

The Optimal Combination of Cartilage Source and Apparatus for Long‐Term In Vitro Chondrocyte Viability Analysis

Abstract: Most studies of long‐term chondrocytes survival were for tissue banks. They showed a gradual reduction in the viable chondrocytes percentage as a function of time and ambient temperature, but the samples were harvested under optimal conditions. The aim of our study was to determine the most reliable combination of cartilage source and assay for the in vitro postmortem chondrocyte viability analysis in the conditions that imitate a dead body. Osteochondral cylinders were procured from femoral condyles and talar trochleas of three male donors and stored in the cell culture media at 4 ± 2°C and 23 ± 2°C. The samples were analyzed by a cell viability analyzer and a confocal laser scanning microscope (CLSM) initially 24–36 h after death and then in 4‐week intervals. The results reconfirmed the significant influence of time (p = 0.0002), but not of the temperature (p = 0.237). The largest reproducibility was presented for the knee joint and the CLSM.     

The Law‐Before: Legacies and Gaps in Penal Reform

This article introduces the law‐before as an analytic tool for enhancing explanations of legal reform. Based on an integration of neo‐institutional law and organizations studies and punishment studies of local variation in penal policy, I define the law‐before as the past organizational practices and power arrangements that precede law‐on‐the‐books and shape present day implementation. I utilize the law‐before as a heuristic to investigate the legacy effects of variations in local practice on the implementation of the prison downsizing law, AB 109, or “Realignment,” in California. I analyze organizational documents produced by county practitioners in the aftermath of AB 109's enactment in 2011 as empirical windows into how actors shape the meaning of law in local settings. I find that practitioners in counties with divergent historical imprisonment patterns enact four processes (overwriting or underwriting law, selective magnification, and selective siting) to arrive at distinct interpretations of AB 109 as mandating system‐wide decarceration or the relocation of incarceration from state prisons to county jails. Although my data do not speak to the ultimate implementation of AB 109, the processes revealed have practical implications for the reform goal of decarceration by rationalizing distinct resource allocations at an early stage in the implementation process.     

沉默权的是非之争与正当根据(下)

英美国家关于沉默权的争论并没有完全否定沉默权的意思 ,而只是对沉默权的具体规则有不同意见。沉默权是一项有充分道德基础的个人权利 ,它既有重要的诉讼价值 ,又可能需要付出一定的代价 ,但一些国家出于保护公共利益的需要对它进行的限制均附带有严格的条件 ,沉默权的基本精神并没有受到损害。坚持和发展沉默权制度 ,仍然是当今世界刑事司法领域的一种基本趋势。     

“What Rights?” The Construction of Political Claims to American Health Care Entitlements

Despite a growing health care crisis, Americans remain reluctant to treat “health security” as a right or entitlement of citizenship. This article examines the effects of unmet health care needs on the beliefs that individuals hold about family, market, and state responsibility for health security. Drawing on a study of individuals caring for family members with chronic diseases, I find that when imagining solutions to unmet long‐term care needs, individuals evaluate a range of alternative social arrangements, but they select the model that is most consistent with previously existing beliefs about family, market, and state responsibility for care provision. This process of discursive assimilation, of integrating new needs for public provision with more familiar ways of thinking about social welfare, produces claims for entitlements that challenge existing social arrangements but do so within a welfare state framework that conceives of only a minimal role for the state in safeguarding social welfare.     

National Judges,Community Judges: Invitation to a Journey through the Looking‐glass—On the Need for Jurisdictions to Rethink the Inter‐systemic Relations beyond the Hierarchical Principle

The historical conflict between the European Court of Justice (ECJ) and the national constitutional courts regarding primacy is a misunderstanding. In going through the looking‐glass, we can understand that, on the contrary, the ECJ and the national constitutional courts adopt comparable solutions in their treatment of legal pluralism, and that they see the negation of pluralism as essential for the survival of their own legal orders. Therefore, these judges must be offered a new theoretical context to help them reconcile their role as supreme guardian with the taking into account of the pluralist context. Finally, practical proposals must be made to give judges the instruments and techniques that are capable of reflecting this plural structure.     

The New Face of Legal Inequality: Noncitizens and the Long‐Term Trends in Sentencing Disparities across U.S. District Courts, 1992–2009

In the wake of mass immigration from Latin America, legal scholars have shifted focus from racial to ethnic inequality under the law. A series of studies now suggest that Hispanics may be the most disadvantaged group in U.S. courts, yet this body of work has yet to fully engage the role of citizenship status. The present research examines the punishment consequences for non‐U.S. citizens sentenced in federal courts between 1992 and 2009. Drawing from work in citizenship studies and sociolegal inequality, I hypothesize that nonstate members will be punished more severely than U.S. citizens, and any trends in Hispanic ethnicity over this period will be linked to punitive changes in the treatment of noncitizens. In line with this hypothesis, results indicate a considerable punishment gap between citizens and noncitizens—larger than minority‐white disparities. Additionally, this citizenship “penalty” has increased at the incarceration stage, explaining the majority of the increase in Hispanic‐white disparity over the past two decades. As international migration increases, these findings call for greater theoretical and empirical breadth in legal inequality research beyond traditional emphases, such as race and ethnicity.     

The Limits of Electoral Control: Evidence from Last‐Term Politicians

In modern democracies, politicians' accountability is often linked to the disciplining mechanism of electoral control. For politicians in their final term, this mechanism is impaired. Using a novel data set covering 910 members of the UK House of Commons active within the period 1997–2010, we investigate how reduced electoral control affects last‐term MPs' trade‐off between work effort inside parliament, leisure, and outside interests. Our main contributions lie in providing the first explicit consideration of (1) MPs' final‐term intra‐/extraparliamentary work balance and (2) MPs' reasons for leaving parliament (i.e., retirement, career change, electoral defeat). These extensions provide important fresh insights concerning the boundaries of elections' disciplining power.     

The Aftermath of the Macondo Discovery Well Spill: The Interplay of Claims to the Gulf Coast Claims Facility and Insurance Claims

The processing of claims for compensation arising from the April 20, 2010, explosion of the Deepwater Horizon offshore oil rig and its environmental and economic aftermath has proceeded simultaneously before the Gulf Coast Claims Facility and insurers. The criteria for recovery between these two recipients of claims differ significantly. Compensation from the facility has included claims for purely economic injury, whereas compensation from insurance generally requires, inter alia, a closer geographic or causal nexus to property damage. The resolution of compensation issues both by the facility and insurers will impact whether further disputes arise in the courts. Based upon similar experiences from September 11 and Hurricane Katrina, these issues are likely to continue for several years before they are fully resolved.