AN EMPIRICAL ANALYSIS OF COLLABORATIVE PRACTICE

This article summarizes empirical research about Collaborative Practice, the Collaborative movement, its interaction with other parts of the dispute resolution field, and its impact on the field. It reviews studies of Collaborative Practice describing the individuals involved in Collaborative cases, how the process works, the operation of local practice groups, and the impact of Collaborative Practice on legal practice generally. Based on this analysis, it suggests an agenda for future research. Finally, it offers suggestions for constructive development of the Collaborative field.     

AN ANALYSIS OF CHANGES IN THE USE OF CHAPTER 13 SINCE THE ENACTMENT OF THE BANKRUPTCY REFORM ACT OF 1978

The premises of the bill with respect to consumer bankruptcy are that use of the bankruptcy law should be a last resort; that if it is used, debtors should attempt repayment under Chapter 13, Adjustments of Debts of an Individual with Regular Income, and finally, whether the debtor used Chapter 7, Liquidation, or Chapter 13 … bankruptcy should be effective, and should provide the debtor with a fresh start.¹     

UNEMPLOYMENT AND PUNISHMENT: AN EMPIRICAL ASSESSMENT*

Evidence for a relationship between unemployment and imprisonment has been regarded as “elusive” and “conflicting.” Such conclusions have been based primarily on aggregate-level data. Individual-level data have provided only indirect evidence for this relationship. This research considers prosecution, incarceration, and length of incarceration outcomes for 1,970 criminal defendants arrested in 1982. Multivariate logit and OLS estimates show a significant, strong, and independent impact of unemployment on pretrial and postsentencing incarceration. The interaction of race and unemployment shows that the greatest likelihood of incarceration is for unemployed black defendants, especially those who are young males or charged with violent and public order crimes. Theoretical implications for the control and punishment of “dangerous classes” are discussed.     

DETERMINISM,INDETERMINISM, AND CRIME: AN EMPIRICAL EXPLORATION*

Most individual-level research in criminology is based on a deterministic model: the factors that constrain individuals to crime or conformity are listed, and those factors are used to predict differences in the level of crime between individuals or groups of similar individuals. This paper explores an empirical model derived from recent work on sop determinism and indeterminism. Behaviors are said to vary in the extent to which they are determined, with behavior being fully determined at one end of the continuum and largely free (indetermined) at the other end. There is a discussion of those factors that influence the extent to which behavior is determined. And it is hypothesized that crime will be more variable and less predictable when conditions favor indeterminism. The empirical model in this paper, then, focuses on those factors believed to foster freedom of action and choice, and it uses those factors to predict differences in the amount of variation (unpredictability) in crime between individuals or groups of similar individuals. Data from two national surveys of adolescents provide tentative support for the hypothesis.     

REPRESENTATION DISPARITIES AND IMPARTIALITY: AN EMPIRICAL ANALYSIS OF PARTY PERCEPTION OF FEAR,PREPARATION, AND SATISFACTION IN DIVORCE MEDIATION WHEN ONLY ONE PARTY HAS COUNSEL

While other authors have regarded both the presence and the absence of attorneys in family law mediation as cause for concern, little attention has been given to the questions raised when one party is represented and the other is pro se. This article presents data on mediating parties' premediation concerns, fears, and feelings of preparedness, as well as their postmediation satisfaction with the mediation process. The mediating parties are grouped based on each couple's representation status, for example, both represented by attorneys, both pro se, or one attorney‐represented party and one pro se party (mixed representation cases). The data show that mixed representation cases are the most likely to report concern, fear, and unpreparedness. Mixed‐representation cases also reported the lowest levels of satisfaction after the mediation. Some implications for mediation practice are discussed, as are suggestions for future research.     

AN EMPIRICAL TEST OF GENERAL STRAIN THEORY*

This paper tests Agnew's (1992) general strain theory (GST) of crime and delinquency. GST argues that strain occurs when others (1) prevent or threaten to prevent you from achieving positively valued goals, (2) remove or threaten to remove positively valued stimuli that you possess, or (3) present or threaten to present you with noxious or negatively valued stimuli. The impact of such strain on delinquency is said to be conditioned by several variables, such as association with delinquent peers and self-efficacy. Data from a sample of 1,380 New Jersey adolescents provide qualified support for the theory; strain measures of the type described above have a relatively substantial effect on delinquency and drug use. Further, the effect of these strain measures is conditioned by delinquent peers and self-efficacy, as predicted by GST.     

SENTENCING AND UNWARRANTED DISPARITY: AN EMPIRICAL ASSESSMENT OF THE LONG-TERM IMPACT OF SENTENCING GUIDELINES IN MINNESOTA*

Using an interrupted time-series design, this research note analyzes the long-term effect of Minnesota's sentencing guidelines on reducing unwarranted disparity in sentencing outcomes that fall within their scope of authority. Unwarranted disparity is defined as residual variation not attributable to legally mandated sentencing factors. Findings suggest that although the sentencing guidelines initially reduced disparity for the no prison/prison sentencing decision, inequality began to revert to preguideline levels as time passed. Further analysis revealed that the guidelines had a permanent impact on reducing disparities in decisions on the length of prison sentence. Overall we observed an 18% decline in disparity for the no prison/prison outcome and a 60% reduction in inequality for the judicial decision as to length of prison sentence. Two explanations for the reversionary trend in the no prison/prison series are highlighted.     

ROUTINE ACTIVITIES AND CRIME: AN ANALYSIS OF VICTIMIZATION IN CANADA *

Miethe et al. (1987) have suggested that there are strong interaction effects between demographic characteristics of victims and certain routine activities that occur at night and away from home, but only for victims of property crime. This same pattern does not appear for victims of violent crime, they maintain, because unlike property crime, violent crime often involves interpersonal conflict and disagreement and is therefore spontaneous. Using data from the Canadian Urban Victimization Survey, which contains detailed measures of routine activities not available in Miethe et al. 's U.S. study, this study finds contrary evidence that suggests that personal crime is contingent on the exposure that comes from following certain life-styles. This is particularly true for certain demographic groups, particularly young males. The findings are considered in the light of the literature focusing on the interaction between situation and personality and the importance of the resulting conflict styles in promoting or reducing the opportunity for crime in certain settings and under certain conditions.     

PARALLEL IMPORTATION AND SERVICE QUALITY: AN EMPIRICAL INVESTIGATION OF COMPETITION BETWEEN DVDS AND CINEMAS IN NEW ZEALAND

Investigations into the causes and effects of parallel importinghave concentrated on price discrimination, but arbitrage canalso occur on non-price dimensions. Using a natural experimentin the New Zealand film distribution industry between May 1998and November 2001, we examine the effect of parallel importingon quality as it relates to the timing of the availability offilm media. We demonstrate that (a) cinema revenues were underminedas consumers substituted viewing films on parallel importedDVDs for the cinema format and (b) that studios responded tothe threat of parallel imported DVDs by bringing forward therelease of films into New Zealand cinemas. The reduced delaybetween US and New Zealand cinematic release dates is shownto be consistent with the introduction of competition when timingis a dimension of quality and choice. We conclude that parallelimportation of DVDs almost certainly resulted in a net increasein welfare in New Zealand.     

GENDER BIAS IN THE U. S. BANKRUPTCY CODE

This article explores gender bias in the U. S. Bankruptcy Code and demonstrates how it is often used in family law by fathers seeking to escape their financial obligations. Also discussed is both statutory and case law pertinent to this issue.