VOTER PARTICIPATION IN MUNICIPAL COURT ELECTIONS IN LOS ANGELES COUNTY

Although significant research has been done on voter participation and the election of executives and legislators, very little literature exists on the election of state judges, and there is virtually no literature on the election of trial court judges. In view of the policy-making activities of judges, this absence of research hampers understanding of the overall public policy-making process. The few studies of the election of state supreme court justices indicate that, compared to other nonpartisan elections, participation in judicial elections is somewhat similar. This study of municipal court elections in Los Angeles county found that voter participation was higher than expected and suggests that changes in the process could have policy implications.     

Exploring the Structure of Positive and Negative Justice Judgments

The study challenges the commonly assumed symmetry between justice judgments that refer to the distribution of positive and negative outcomes. Based on equity and multiprinciple approaches, and particularly on the theory of framing choices, we propose a conceptual framework for analyzing the dynamics of relations between positive and negative justice judgments. According to this framework, negative judgments are more generalized (simple) and more emphatic than are positive judgments. Data analysis was based on responses of 240 German adults to 39 justice judgment items that were subjected to a Similarity Space Analysis (SSA). The analysis corroborated the hypothesis when the type of resource to be distributed was held constant. Thus, the findings may reflect the primacy and high emotional intensity of negative experiences. They also suggest that, without specification of the distributed resource, this facet of justice judgments (sign of outcome distribution) is devoid of content.     

选举的正反功能分析

选举的功能是指选举所产生的各种客观的、可能的影响。选举的正反功能相伴而生,但正功能永远是主要的。对选举正反功能的分析应从对公民和对国家两个角度来进行,其中,对公民的功能处于核心的位置,对国家的功能是为对公民的功能服务的,最终是为了维护并实现公民的各种利益。我们应该从完善选举技术和为选举营造和谐的社会环境两个方面来努力,以期更好地彰显选举的正功能、削减选举的反功能。     

Mode of Accomplishing Positive and Negative Outcomes: Its Effect on Fairness Evaluations

In their interactions, people exchange or distribute things that are considered valuable. The distribution of a particular resource can be accomplished in a number of ways and may result in either a positive or a negative outcome. The purpose of this study was to find out if and under what conditions people's conceptions of justice are similar or different in the contexts of positive and negative outcome allocations. The research is based on Törnblom's (1988) model for positive and negative outcome allocation. Subjects responded to one of eight questionnaires after reading a vignette that described a nuclear test that was conducted in either the United States or Russia. Each questionnaire version differed with respect to whom information about the possible dangers of radiation exposure following the tests should be made available, and whether information or misinformation were delivered or withheld. Findings from this study suggests that positive and negative outcome allocations sometimes follow different and sometimes the same justice principles, all depending on the mode in which the outcome allocation is accomplished. Implications from the design of this study for the interpretation of existing distributive justice and equity studies are also discussed.     

低社会阶层的社会心理与行为倾向——基于积极和消极视角

社会阶层是社会成员按照一定等级标准划分的彼此地位相互区别的社会集团,在同一集团中成员之间具有相类似的态度、行为、价值和心理模式。以往研究大多倾向于低阶层的负面效应,出现典型性消极指标。事实上,低阶层相较于高阶层有许多很少被关注的积极效应。对于系统公正论、社会支配论、局部阶梯效应等理论中对社会阶层的争议进行了分析,指出了未来研究可以从影响阶层感知变量、诱导范式效果,以及启动形式的多样化、认知神经视角、跨文化的差异和干预等方面强化低阶层的优势特性,促进消极心态良性转化。     

THE FUTURE OF THE JUVENILE COURT: Implications for Correctional Manpower and Training

The following is an excerpt from a paper prepared for the Joint Commission on Correctional Manpower and Training. This consultants' paper dealing with the area of the Juvenile Court is the first of its type to be published by the Commission. Chapter VI has to do with “DISPOSITIONAL ALTERNATIVES”.     

Introduction: Continuing the Effort to Understand the Relationship Between Positive and Negative Resource Allocations and How They Affect Our Justice Conceptions

Social Justice Research -     

An Integrative Perspective on Social Justice: Distributive and Procedural Fairness Evaluations of Positive and Negative Outcome Allocations

This paper presents a theoretical framework for the integration of distributive and procedural justice in positive and negative outcome allocations. The framework consists of seven basic assumptions, seven propositions, and seven groups of interrelated hypotheses. The expected outcome offers a coherent program for future justice research based on the realization that distributive and procedural aspects of fairness cannot be meaningfully treated (1) in isolation from one another, and (2) without taking into account the valence of the allocated outcome. The framework should also reveal the need to reassess existing distributive and procedural justice study conclusions that neglected to examine the interactive effects of the allocation outcome (distribution) and the procedure and the outcome valence.     

去除时效制度的反道德性——时效制度存在理由论

"权利消减"的时效构成背离了人类的一般道德情操和自然正义观念,而"公益"、"社会秩序"、"信赖保护"、"社会效率"、"不保护权利上的休眠者"等都不能使该构成正当化。将时效定性为"权利推定"的制度,克服真正权利人或已免责义务人的举证困难,将从根本上去除时效制度的反道德性,使其成为"人类权利的保护神"。     

THE SUPREME COURT AND CAPITAL PUNISHMENT: A Quest for Balance between Legal and Societal Morality

The interrelationships of legal and societal morality are examined through an analysis of judicial opinions in the Supreme Court's review of the constitutionality of the death penalty. Neither community standards nor considerations of utility provided the justices with a satisfactory basis for rejecting or regulating the death penalty. Resting their decisions instead on grounds of fairness, the justices endorsed a mode of jury guidance and monitoring that potentially facilitates citizen participation in the process of "evolving standards of decency." Legal morality thus is used as the justification for a decision that affects societal morality in a manner likely to limit rather than to expand the gap between the two moralities .     

Infrared Imaging of the Crime Scene: Possibilities and Pitfalls

All objects radiate infrared energy invisible to the human eye, which can be imaged by infrared cameras, visualizing differences in temperature and/or emissivity of objects. Infrared imaging is an emerging technique for forensic investigators. The rapid, nondestructive, and noncontact features of infrared imaging indicate its suitability for many forensic applications, ranging from the estimation of time of death to the detection of blood stains on dark backgrounds. This paper provides an overview of the principles and instrumentation involved in infrared imaging. Difficulties concerning the image interpretation due to different radiation sources and different emissivity values within a scene are addressed. Finally, reported forensic applications are reviewed and supported by practical illustrations. When introduced in forensic casework, infrared imaging can help investigators to detect, to visualize, and to identify useful evidence nondestructively.     

Moral Rights in the Digital Age: New Possibilities for the Democratization of Culture

This paper is concerned with the impact of digital technology on the moral rights of authors. The ability to reproduce, modify and redistribute artworks through information technology has made it extremely difficult for authors to monitor the use of their works and, where problems arise, to assert their moral rights. In spite of these difficulties, however, this paper argues that moral rights are actually growing in importance because of new technologies. It is precisely when the capacity to manipulate works is greatest that concerns about artistic integrity and the preservation of cultural heritage become most pressing. This paper suggests that technological change calls for a new approach to moral rights: the focus in the future should be on cooperative efforts between authors and their public to protect culture. Technology has the effect of 'democratizing' the relationship between author and audience by allowing the audience to participate more directly in the creative process with the author. Despite the potential threat to artistic integrity, this transformation should nevertheless be embraced by authors and artists for its positive implications for cultural vitality in the longterm.     

Unger's Advocates: Assessing the Possibilities for Law Practice as a Transformative Vocation

Abstract .
This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be.     

Assessing the Latent Factor Association Between the Dysphoria Model of PTSD and Positive and Negative Affect in Trauma Victims from India

The recent release of the DSM-5 comes with the division of posttraumatic stress disorder (PTSD) symptoms across four symptom clusters (American Psychiatric Association, 2013). This division is based on the support garnered by two four-factor models; Emotional Numbing (King et al., 1998) and Dysphoria (Simms et al., 2002) and a five-factor model; Dysphoric Arousal (Elhai et al., 2011). Much debate centered on the validity of the Dysphoria factor as a non-specific factor of PTSD within the Dysphoria model. In line with this, we assessed relations between the four factors of the Dysphoria model (Simms et al., 2002) and positive (PA) and negative affect (NA) in natural disaster victims (N?=?200) from Leh, India, using the PTSD checklist (PCL-S) and Positive and Negative Affect Schedule (PANAS short form). Confirmatory factor analysis was implemented to assess the best-fitting model for both the PCL (PTSD) and the PANAS (affect). Two optimal models (the Dysphoria model and a two-factor model for affect) were subsequently used to assess latent variable associations across constructs. It was hypothesized that differential associations between latent factors would be evident with the Dysphoria factor being highly correlated with negative affect compared to alternative PTSD factors. Significant correlations were found between factors of the Dysphoria model and NA (0.52–0.65, p?<?0.001). Comparing the association of pairs of PTSD factors with NA and PA, Wald’s tests revealed that no single PTSD factor was more related to NA than the other. Avoidance and Hyperarousal factors were correlated with PA. Results are discussed in line with literature questioning Dysphoria factor’s unique association with general distress.     

Resurrecting the Dodo: Positive control DNA for species identification

Positive controls are necessary standards for inclusion in forensic tests. When working as expected they demonstrate that methods have been applied correctly, and therefore results can be interpreted with confidence. However, the requirement for positive controls can also introduce problems. For species identification in wildlife DNA forensic testing, it is possible that the DNA sequence of the case sample will be a 100% match to the positive control. Whilst clear results for negative controls will indicate that cross-contamination is unlikely, it would be preferable to have a positive control that will not appear in casework. In addition, for many endangered species, obtaining positive control DNA for species-specific testing can be problematic. Here we present a simple method to use artificially generated positive control DNA from the extinct Dodo, Raphus cucullatus, for four species-identification tests run routinely in UK wildlife forensic casework.