Partisan Effects of Legislative Term Limits

Term limits remain a popular policy reform and have generated a great deal of scholarship as a result. Although many predicted that term limits would benefit the Republican party, the literature finds no marked partisan effects, possibly because termed‐out legislators have largely been replaced by copartisans. This article demonstrates that term limits have indeed had partisan effects—just not on electoral outcomes. Term limits have caused a significant reallocation of institutional power from Democrats to Republicans (as measured by contributions from access‐oriented interest groups), in large part because they have removed more senior Democrats than Republicans. The partisan effects of term limits therefore point to the institutional value of seniority.     

The Impact of Partisan Gerrymandering on Political Parties

The relationship between votes and seats in the legislature lies at the heart of democratic governance. However, there has been little previous work on the downstream effects of partisan gerrymandering on the health of political parties. In this study, we conduct a comprehensive examination of the impact of partisan advantage in the districting process on an array of downstream outcomes. We find that districting bias impedes numerous party functions at both the congressional and state house levels. Candidates are less likely to contest districts when their party is disadvantaged by a districting plan. Candidates that do choose to run are more likely to have weak resumes. Donors are less willing to contribute money. And ordinary voters are less apt to support the targeted party. These results suggest that gerrymandering has long-term effects on the health of the democratic process beyond simply costing or gaining parties seats in the legislature.     

Independent Neuropsychological Evaluations

Unlike clinical practice, entering the realm of independent neuropsychological evaluations and similar types of nonclinical evaluations is an area of professional practice for which most neuropsychologists have little to no training. Many ethical and professional issues and challenges arise with such frequency in this type of work that it would be difficult to justify not being prepared for them. For the practitioner looking for guidance and standards of professional conduct in this arena, there are few comprehensive resources that address the range of issues raised by these types of evaluations and/or a clear standard by which to assess their competence. The purpose of this article is to provide a primer (and/or refresher) to acquaint the practitioner with some of the more salient issues associated with conducting these types of assessments and to review the pertinent literature that is evolving in relation to best practices in this area.     

Partisan Turnout Bias in Midterm Legislative Elections

Abstract: Lower salience elections present greater opportunities for representational bias at the polls than do elections with higher levels of political interest. We hypothesize that turnout bias is most likely to occur during midterm congressional elections in which there are clear short‐term forces that exploit the low turnout setting. The effects of these forces are more likely to be observable among registered nonvoters than citizens who are not registered to vote because registrants have access to the polls and are likely to have voted in previous presidential contests. Using midterm National Election Study data from 1978 to 1998, we find that registered nonvoters are frequently more Democratic than midterm election voters, particularly in 1994 and 1998. The historic 1994 congressional election seat losses for Democrats may be partially explained by the finding that voters going to the polls were clearly more conservative than registered nonvoters.     

The Partisan: Carl Schmitt and Terrorism

This article critiques and expands upon the jurisprudence of law’s violence from feminist and lesbian/gay/queer perspectives. The incorporation of gender and sexuality into the jurisprudence of law’s violence, via the social experiences of women and gay men, highlights the masculine and heteronormative character of law’s violence, while bringing into view particular forms of law’s violence, and forms of extra-legal but thoroughly legitimate heterosexual male violence, that have remained invisible in previous accounts. A feminist analysis of violence also suggests that law’s regime of violence is neither totalising nor inevitable, and that possibilities for resistance, if not avoidance, do exist.     

The Strategic Use of Prisons in Partisan Gerrymandering

The census data used to redraw legislative districts counts the country's nearly 2 million prisoners in the location of their incarceration, rather than their previous place of residence. By drawing these phantom populations into districts that lean heavily toward the majority party, legislators can free up eligible voters from those districts to be distributed among neighboring marginal ones, thereby increasing that party's likelihood of winning additional seats in the state legislature. An analysis of state senate district finds that prison populations shift systematically from districts controlled by one party to districts controlled by the other following a switch in partisan control.     

Issue Voting and Partisan Defections in Congressional Elections

In every election cycle the fate of some candidates is determined by partisans who defect from their usual voting habits to cast a ballot for the candidate of the opposing party. Defections in congressional elections have been attributed to incumbency, presidential approval, partisan strength, and factors related to individual voters. Our systematic assessment of the impact of issues on voter defections shows that party‐owned issues and performance issues associated favorably with one party affect the likelihood of partisan defections. The results suggest that congressional candidates can use issues to draw supporters away from the opposing party and to keep partisan voters loyal.     

Partisan Bridges to Bipartisanship: The Case of Contraceptive Coverage

The negative consequences of polarization have been pointed to by scholars and politicians alike as evidence of a need for a renewal of bipartisanship. However, scholarship on bipartisanship remains limited. This article develops a theory of partisan bridging that predicts when and why certain legislators might be willing to cross the partisan aisle. I argue that personal preferences can lead some legislators to cross the aisle in search of consensus, in effect serving as “partisan bridges.” I test my theory by examining the role of Republican women in the diffusion of contraceptive coverage at the state level. Through an individual‐level analysis of sponsorship and vote choice and an aggregate‐level analysis of policy diffusion, I find that moderate Republican women at times served as critical actors in the policy process.     

Post-FTO Performance Evaluations of Rookie Police Officers

Abstract

The literature surrounding the Field Training Officer (FTO) program examines how police recruits navigate post-academy on-the-job training, the reactions these novices have, and how these fledgling officers assess their training experience. Absent from this literature is any consideration of how new officers perform after graduation from the FTO program. The present study examines 347 monthly evaluations issued by immediate supervisors for 66 rookies at the Tallahassee (FL) Police Department. An analysis of scores registered in 18 areas over the first six months after FTO completion determines that race and sex of the sergeant and officer exhibit a statistical influence on grading practices. While these effects do not appear to taint the transition from probationary to full employment status, long-term ramifications are explored.     

Measuring Partisan Bias in Single‐Member District Electoral Systems

In recent decades, the literature has coalesced around either symmetry or responsiveness as measures of partisan bias in single‐member district systems. I argue neither accurately captures the traditional idea of an “efficient” gerrymander, where one party claims more seats without more votes. I suggest a better measure of efficiency and then use this new measure to reconsider a classic study of partisan gerrymandering. Contrary to the original study findings, I show that the effects of party control on bias are small and decay rapidly, suggesting that redistricting is at best a blunt tool for promoting partisan interests.     

Priming Unconscious Racial Stereotypes About Adolescent Offenders

Two studies examined unconscious racial stereotypes of decision makers in the juvenile justice system. Police officers (Experiment 1) and juvenile probation officers (Experiment 2) were subliminally exposed to words related to the category Black or to words neutral with respect to race. In a presumably unrelated task, officers read 2 vignettes about a hypothetical adolescent who allegedly committed either a property crime (shoplifting from a convenience store) or an interpersonal crime (assaulting a peer). The race of the offender was left unstated and the scenarios were ambiguous about the causes of the crime. Respondents rated the hypothetical offender on a number of traits (e.g., hostility and immaturity) and made judgments about culpability, expected recidivism, and deserved punishment. They also completed a self-report measure of conscious attitudes about race. As hypothesized, officers in the racial prime condition reported more negative trait ratings, greater culpability, and expected recidivism, and they endorsed harsher punishment than did officers in the neutral condition. The effects of the racial primes were not moderated by consciously held attitudes about African Americans. The implications of the findings for racial disparity in the juvenile justice system and for changing unconscious stereotypes were discussed.     

Evaluating the Probative Value of Child Custody Evaluations

It has previously been argued that a competent forensic work product is defined, in part, by the evaluator's use of conventional forensic methods and procedures applied to child custody evaluations (Gould, 1998) and that the more judges and other legal professionals understand about forensic methods and procedures, the better they are able to critically weigh the substance and merit of a child custody evaluation (Gould & Bell, 2000). These forensic methods and procedures have their foundation in the behavioral sciences and are characteristic of competent and comprehensive forensic evaluations conducted for other legal purposes. In this paper, we provide a more detailed model for critiquing the forensic competence of a child custody report. Such a model better assists courts and lawyers in understanding how to assess the substance and admissibility of custody reports.     

College Student Evaluations of Parent–Child Disciplinary Situations

This study examined the influence(s) of the type of physical discipline administered and the type of child misbehavior on college student’s evaluations of parent–child disciplinary situations. Participants evaluated vignettes describing a child’s behavioral transgression and the subsequent parental disciplinary response. Evaluations were assessed in terms of the abusiveness, effectiveness, and appropriateness of the discipline. As predicted, evaluations varied as a function of both the type of physical discipline and the type of behavioral transgression. For example, parent–child interactions were evaluated as being more abusive when the severity of the discipline exceeded the severity of the transgression. Gender differences emerged with women evaluating mild discipline as being just as appropriate as moderate discipline while men evaluated mild discipline as being less appropriate than moderate discipline. Further, men evaluated moderate and severe discipline as being more effective than mild discipline. Results are discussed in terms of how the current research extends previous work in this area. Implications and areas for future research also are discussed.     

How Policy and Procedure Shape Citizens' Evaluations of Senators

I report findings from survey experiments that improve our understanding of how people want individual Senators to approach their role as representatives. The findings show that people are committed to the idea that Senators should prioritize their states' preferences over those of the national public. This preference persists in situations where a Senator's advocacy for her state plays a key role in defeating nationally supported legislation. This finding contradicts popular claims that voters are hungry for Senators who prioritize national preferences over those of their constituents. I also find that people who support a piece of legislation—but not those who oppose it—evaluate a Senator who helps to defeat the legislation by filibustering substantially less favorably than one who accomplishes the same ends through majoritarian means. This suggests that how people respond to some procedural characteristics of politicians' behavior depends on how they feel about the outcomes it yields.     

美国慈善捐赠税收扣除制度的考察与思考

近年来美国在慈善扣除理论与立法上的重要变化尚未引起我国学界的重视。美国慈善扣除制度在实施中暴露出了许多问题,目前美国已有不少研究开始对传统的慈善扣除理论进行批判,美国政府也已经开始对慈善捐赠扣除制度不断进行调整和改革。因此,在完善我国慈善税收激励制度时,在对美国慈善税收扣除立法实践考察的基础上,梳理其理论发展并进行制度反思,除了肯定美国慈善扣除制度对捐赠的激励作用之外,还应当重视当前美国慈善扣除理论方面的变化及制度方面存在的问题,进而合理设计慈善扣除的比例限制,科学设置边际税率,选择适当的慈善税收优惠方式,构建一个科学合理的慈善税收激励政策。     

Error Rates in Forensic Child Sexual Abuse Evaluations

When mental health, medical, and social work professionals and paraprofessionals make false positive or false negative errors in their judgments about the validity of allegations of child sexual abuse, the consequences can be catastrophic for the affected children and adults. Because of the high stakes, practitioners, legal decision makers, and policy makers should have some idea of the magnitude and variability of error rates in this domain. A novel approach was used to estimate individual error rates for 110 professionals (psychologists, physicians, social workers, and others) who conduct or participate in forensic child sexual abuse evaluations. The median estimated false positive and false negative error rates were 0.18 and 0.36, respectively. Estimated error rates varied markedly from one participant to the next. For example, the false positive error rate estimates ranged from 0.00 to 0.83. These estimates are based on participants’ self-reported substantiation rates and on their subjective frequency distributions for the probability of truth for the abuse allegations they evaluate.     

Partisan Infighting Among House Republicans: Leaders,Factions, and Networks of Interests

Congressional parties are commonly viewed as unified legislative teams, but recent intraparty battles have revealed serious ideological divisions within the House Republican caucus. Using annual ratings from nearly 300 interest groups, we estimate the ideological locations of Republican legislators in order to map their party's factional structure. Based on the distribution of interest‐group support from 2001 to 2012, we detect three Republican factions that we characterize as worker oriented, pro‐business, and ethno‐radical. We find that Republican leaders block bills by legislators in the worker and ethno‐radical subgroups and that they advance bills by members in the corporate faction.     

民事制裁制度性缺陷评析

民事制裁是特殊时期的立法产物,也是法学理论不成熟的体现。这一制度表面上维护了法律的权威,但实际却与司法权的被动性、中立性相违背,以司法权威的丧失为代价。在民事制裁中,法院行使了行政权和个案中的立法权,违反分权制衡的法治原则。同时,民事制裁制度也不符合正当法律程序的要求,应在未来的民事立法中取消民事制裁。在被取消前,应以司法解释的方式限制民事制裁的适用。