Crisis,justice, and managing the appetite for risk

Jindal Global Law Review - The phrase ‘never let a good crisis go to waste’ is often (mis)attributed to Winston Churchill. It expresses the common perception that the sentiments evoked...     

Origin Myths,Contracts, and the Hunt for Pari Passu

We use interviews with corporate lawyers and a data set of contracts to explore an elite area of legal practice: sovereign bond lending. Sovereign debt lawyers work at prestigious global law firms, yet the contracts they produce include some terms that defy explanation. Lawyers often account for the existence of these terms through origin myths. Focusing on one contract term, the pari passu clause, we explore two puzzling aspects of these myths. First, we demonstrate that the myths are inaccurate as to both the clause's origin and the role of lawyers in contract drafting. Second, the myths often are unflattering, inaccurately portraying lawyers as engaged in little more than rote copying. We probe this disjuncture between the myths and lawyers' actual practices and explore why contracts origin myths might hold such appeal for this elite segment of the bar.     

Call for Papers: Psychology,Law, and the Workplace

Call for Papers

Call for Papers: Psychology, Law, and the Workplace     

Preparing individuals for leadership in Australasia,the United States,and the UK

ABSTRACT

Much is said about the importance of leadership in policing. In policing leadership is a key variable in organisational effectiveness, public confidence and employee well-being. We demand that our police leaders are ethical, decisive, skilled, and have the internal and external legitimacy needed to exert influence inside and outside the workplace. There are many advantages to such a pipeline approach to organisational leadership, and it presents organisations with an unparalleled opportunity to develop leaders and leadership talent over an extended period. There are questions, of course, about how much advantage our police organisations really take of this opportunity; how coherently leader development is planned and organised; and how effective our development models are. In this paper, we explore leader development in Australia, the United States and the United Kingdom. Drawing on data collected through semi-structured interviews with established senior police leaders in each country we explore development journeys, opportunities for learning inside and outside of policing, the impact of leader development on leadership-style and decision-making, and how well-prepared leaders feel for their roles having transited their organisational pipelines. Drawing on these data we present a model for leadership development that calls for individual and organisational work. By seeing leadership in terms of organisation capacity, rather than individual capacity, the model encourages a comprehensive and more cohesive approach through police education and other initiatives to developing our organisational leaders, and recognises too that preparing individuals is only part of the story.     

Nanotechnology,Nanomaterials, and the Potential for Regulatory Action by USEPA

The U.S. Environmental Protection Agency (USEPA) has recently taken steps toward directly regulating the potential environmental, health, and safety risks associated with the manufacture and use of nanomaterials, and indications are that it is considering additional regulatory action. More particularly, the agency appears ready to start relying more on the exercise of its existing statutory authorities—including the Toxic Substances Control Act and the Federal Insecticide, Fungicide and Rodenticide Act—than on voluntary industry efforts to address these potential risks. As a result, companies that work with nanomaterials should pay close attention to USEPA's activities in this arena.     

Party,Policy, and the Ambition to Run for Higher Office

This article examines why some state legislators run for Congress and others do not. Our main argument is that there are differences in the expected value of a state legislative seat and the expected benefits of being a member of Congress. One key component of this value is how closely the candidate fits with her party. We find that the probability of seeking congressional office increases among state legislators who are distant from the state party and proximate to the congressional party and decreases among those who are distant from the congressional party and proximate to the state party.     

A Method for Estimating Sex Using the Clavicle,Humerus, Radius,and Ulna

Sex estimation from skeletal remains can be an important part of preliminary identification. The best source of information for estimating sex is the pelvis but it is not always available for analysis. For these cases, a probabilistic sex estimation method is presented using combinations of standard and alternative measurements of the clavicle, humerus, radius, and ulna. Various equations are developed that are not population specific and that are applicable in various recovery scenarios. The equations were tested using four independent samples (n > 370), including a forensic sample. Allocation accuracies vary by test sample and equation and are consistently good (87.4–97.5%) except for a sample of very small males that show the extreme effects of poverty and mortality bias. For many of the cases where allocation was incorrect, the probabilistic approach indicated that no confidence should be placed in the incorrect allocation and the unknown should be classified as sex indeterminate.     

Shame on you,John! Laws,stigmatization, and the demand for sex

The present article contributes to the literature on prostitution by shedding light on the effects of the criminalization of buying sex on the amount of prostitution bought, as well as on the proposed theoretical mechanisms underlying this change. We find indications that criminalizing the buying of sex may decrease the quantity of sex bought. While we find that stigma influences the demand for sex, we do not find that stigma increases as a result of the law. Therefore, the possible reduced quantity of sex bought is probably due to the more direct risk of getting caught.     

寻找丢失的人格--从罗马、德国、拉丁法族国家、前苏联、俄罗斯到中国

人格即法律主体资格。在罗马法中,人格———身份具有公私法混杂的特征;在近代欧洲大陆国家开始的法典化过程中,拉丁法族国家民法中的人格一词,依然包含公法因素,而德国法则创造权利能力概念取代人格,试图将人格私法化,但这样做却丢失了人格;前苏联民法中,人格则具有主体性要素之法律保护意义上的人格权,知识产权中的人格权,法人的人格权三种含义;新制定的俄罗斯民法典则回归到传统的主体资格意义上的人格概念。在我国民法典制定时,应恢复传统意义上的人格。     

Distrust of Government, the Vigilante Tradition, and Support for Capital Punishment

This study probes the interconnections among distrust of government, the historical context, and public support for the death penalty in the United States with survey data for area-identified samples of white and black respondents. Multilevel statistical analyses indicate contrary effects of government distrust on support for the death penalty for blacks and whites, fostering death penalty support among whites and diminishing it among blacks. In addition, we find that the presence of a "vigilante tradition," as indicated by a history of lynching, promotes death penalty support among whites but not blacks. Finally, contrary to Zimring's argument in The Contradictions of Capital Punishment , we find no evidence that vigilantism moderates the influence of government distrust on support for the death penalty, for either whites or blacks. Our analyses highlight the continuing influence of historical context as well as contemporary conditions in the formation of public attitudes toward criminal punishment, and they underscore the importance of attending to racial differences in the analysis of punitive attitudes.