Technology and torts: Memory costs, nondurable precautions and interference effects

This article examines the influence of nondurable precaution technologies on the expansion of tort awards. We provide four contributions to the literature. First, we present a general, formal model on durable and non-durable precaution technology that focuses on memory costs. Second, because liability exposure creates interference, we argue that tort law perpetuates the expansion of awards. Third, because plaintiffs do not consider the social costs of interference effects, private litigation induces socially excessive suits. Fourth, while new harm-reducing technologies likely increase accident rates, such technologies also raise the ratio of trial costs to harm, leaving undetermined the overall effect of new technologies on the rate of litigation.     

Narrating genetic disabilities: social constructs, medical treatment, and public policy

The article compares three memoirs of genetically based disability: Lisa Roney's sweet, invisible body, Georgina Kleege's Sight Unseen, and Alice Wexler's Mapping Fate. The essay explores the tension between the narrow and the broad construction of disability, as demonstrated by the 1999 Supreme Court rulings on the ADA and as experienced by these three memoirists. It concludes that the approach of narrative bioethics, as exemplified by such a study of disability and illness narratives, can offer the medical and public policy community a valuable alternative perspective on genetic disability not as an incapacity, but as a set of social relations and practices.     

The relative independence of social and public interests

The social and public interest remains one of the fundamental principles and goals pursued by all legal departments. Its independence is prerequisite to its legal protection. However, the attention given to it by the jurisprudential circle is not enough. Through demonstrations and theoretical exploration, this article conducts an analysis of the independence of the social and public interests, in the hope that it can raise the attention of jurisprudential field; and proposes that the social and public interest, with its independent legal appeal, is an interest pattern which exists in parallel with the personal interest or the national interest because of the independence of society.     

Decreeing organizational change: judicial supervision of public institutions.

In the last fifteen years or so, courts have issued a small but significant number of decrees requiring that governmental bodies reorganize themselves so that their behavior will comport with certain legal standards. Such decrees, addressed to school systems, prison and mental hospital officials, welfare administrators, and public housing authorities, insert trial courts in the ongoing business of public administration. In this article, Professor Horowitz traces the origins, characteristics, and consequences of organizational change decrees. He finds their roots in an unusually fluid and indeterminate system of procedural forms and legal rules, a system hospitable to the impact of changing ideas about the performance of bureaucracy and the role of courts. He explores the problematic character of organizational change litigation, underscoring the ways in which organizational behaviour is fraught with a variety of informal relationships beyond the contemplation of the courts. In Professor Horowitz 's judgment, efforts to augment the capacity of courts to cope more effectively with organizational change litigation may redound to the disadvantage of the judicial process by emphasizing the new managerial role of the courts at the expense of their traditional moral function. He concludes by suggesting that capricious budgetary ramifications, unintended consequences, and the impact of unconventional enforcement practices on the courts themselves be included among the elements of a full evaluation of organizational change litigation.     

Re-calibrating,re-visioning and re-thinking self-regulation in Canada

Several jurisdictions, most notably Australia and the United Kingdom, have recently abandoned a regime of self-regulation of the legal profession. In this paper the authors review recent developments in Canada to argue that there has been a significant increase in the regulatory vigour of law societies and suggest that, at least in part, this is driven by the fear of losing self-regulation. In the latter part of the paper the authors then attempt to assess whether defensive self-regulation is working and propose an evaluative scheme and series of metrics by which to assess effectiveness and efficiency of a regulatory regime. They conclude by suggesting an innovative institutional mechanism that would have the legitimacy and capability to perform such an assessment.     

The interaction of international institutions from a social network perspective

The literature increasingly acknowledges that international institutions do not exist in isolation, but regularly interact with each other. This interplay might induce influence, affecting institutions’ development and performance. The following research adds to this debate by systematically analyzing the quantitative evidence on how institutional interaction drives institutional design from a network perspective. Using dyadic cross-sectional data on international environmental agreements in 1952–2000, the authors find support for their theoretical argument that regimes’ similarity in design as captured by their degree of legalization strongly depends on institutions’ interaction. However, while “soft law” disseminates between regimes that are well connected through direct or indirect links, this does not apply to “hard law.” The authors explain this divergence with states’ concerns about binding-law commitments and sovereignty costs associated with the latter. This research may have important implications for studies of international institutions and of network analysis in general.     

事业单位人事法制建设的几点思考

建立完善的人事法律体系是我国民主法制建设的重要组成部分,是建设服务型政府、法治政府的需要。随着事业单位人事制度改革的推进,相关的法律法规建设也有待加强和完善,尤其是增加行政法规和部门规章的立法项目。尽快出台具有权威性的法律法规,对事业单位聘用制度、岗位管理、工资福利等方面进行全面规范。     

Social meanings of terrorism: Reification,violence, and social control

Conclusion Terrorism as a force in social and international relations appears to some as a relapse into barbarism, a peculiar and dismal aberration of civilized life, and a step backward in the conduct of war. Whether terrorism as a way of settling disputes is better or worse than what preceded it is a value question that cannot be adequately addressed here. Most changes or innovations in war tactics have been regarded as unfair, sneaky, or unsporting upon their introduction, but circumstances usually force their acceptance and the sophistication of violence escalates. When set against the tapestry of a thousand years of military history, terrorism can be seen as a tactic frequently employed by both governments and individuals. It is modern industrial society's increased vulnerability to this form of violence which makes it appear so horrendous, and subjects it to moral indignation [27].In a behavioral sense, official and individual terrorism achieve similar results, although governments usually have greater resources on hand. It is above all a reified conception of governments, nation-states, and the legitimacy of official terrorism that permits the social meaning process to function as it does, i.e. individual terrorism is condemned as morally repugnant, while official terror is accepted as severe but necessary. With this bifurcation in mind, the sociologist has a choice — banish the term,terrorism altogether since it amounts to little more than moralized name-calling, or save the concept since it does in fact make an important distinction between types of violence, and apply the term even-handedly to both governments and individuals.I wish to thank Deirdre Daly for her editorial assistance     

Sex role beliefs,control, and social isolation of battered women

This study compared battered and non-battered women on their sex role types, control needs, and inclusion needs. The subjects included 33 battered, married women matched with 33 unbattered married women on education, employment, status, and age. The instruments used were the Bern Sex Role Inventoy and the FIRO-B. Results indicated a significant relationship between the battered/non-battered status and sex role type and wanted control. Battered subjects were more feminine in sex role type than the non-battered subjects. Battered women were also more tolerant of external control.     

Historical and contemporary views of social control,race, crime,and justice

This volume is a special issue commemorating Black History Month in the United States. The five papers contained in the volume address a wide variety of issues in the area of race, crime, and justice.     

Gender as social threat: A study of offender sex,situational factors,gender dynamics and social control

Purpose

Adopting a social threat perspective, the assessment explores how gender and social gender dynamics affect the labeling of convicted felons using a unique sentencing outcome - adjudication withheld.

Methods

This research investigates the direct effect of gender, and interactive impact of offender sex/crime type, on adjudication withheld for a sample of probationers (N = 110,419) sentenced in Florida between 2000 and 2002 using Hierarchical Generalized Linear Modeling. The study also explores how social gender dynamics moderate these relationships.

Results

Female offenders are significantly more likely than men to receive adjudication withheld. Women convicted of atypical crimes, such as assault, auto theft and drug sale/manufacturing have better odds of avoiding the felon label than females convicted of other crimes. Finally, measures of gendered threat do not increase the use of social control for female offenders.

Conclusions

Women have significantly better chances of avoiding a felon label; however, this varies by crime type. Criminal justice actors may be reluctant to penalize female offenders with a felon label and the stigma of violent crime convictions. Finally, gendered threat measures did not weaken the leniency shown to female probationers in Florida, possible due to the increased resources available to women in the study areas.     

Police deadly force as social control: Jamaica,Argentina, and Brazil

Conclusion When we consider a variety of indicators concerning the disproportionate use of deadly force by police-the ratio of civilians killed to those wounded, the ratio of civilians killed to police killed, and the ratio of police killings to the total homicide rate-the statistics, both official and unofficial, for Jamaica, Buenos Aires, São Paulo, and Rio de Janeiro all point toward the conclusion that the police are summarily executing suspects in routine, non-partisan cases. Directed almost exclusively against anonymous, poor people, this abuse of deadly force appears as an extreme form of coercive social control. When the threat of social unrest seems high--because of increased social mobilization together with increased economic misery--the police may summarily execute a large number of suspects, providing that both elite and lower-class opinion tolerates the executions as legitimate. In all these locations, while opinion is split, the police violence is minimally acceptable; indeed, the prevalence of private vigilantism signals its acceptability with the mass of people.Nonetheless, because Jamaica, Argentina, and Brazil are liberal states, it is difficult to view police homicides as legitimate except under the rubric of crime control and under the rule of law. Accordingiy, virtually all police killings are justified to the public as acts of self-defense, typically in the context of shoot-outs. This justification appears to be essential for organizing public opinion even though, for at least some people at all socioeconomic levels, summary executions, like vigilantism, are considered the proper punishment for alleged crimes. Experience in other countries suggests that it is possible for the authorities to limit and even prevent police violence. This effort will not be made in Jamaica, Argentina, or Brazil, however, so long as police use of deadly force constitutes a means of social control acceptable to both elite and mass opinion.B.A. Yale University 1957; LL.B., Harvard University 1960. My thanks are due to Bell Chevigny, Russell Karp, and Lois Whitman; to Americas Watch for sponsoring human rights investigations in Brazil and Jamaica; to the Centro de Estudios Legales y Sociales in Buenos Aires, Argentina; to Paulo Sergio Pinheiro and to the Nucleo de Estudos da Violência in Sâo Paulo, Brazil; and to Frances Piven and Anne Buckborough for essential research assistance. Thanks to my colleagues from the Law and Society Colloquium at New York University and from the 1988 annual meeting of the Law and Society Association for helpful comments. I am grateful for the generous support of the Filomen D'Agostino and Max E. Greenberg Research Fund of New York University School of Law.