Using Spaced Learning Principles to Translate Knowledge into Behavior: Evidence from Investigative Interviews of Alleged Child Abuse Victims

The present study assessed the progress of 13 investigative interviewers (child protection workers and police officers) before, during, and after an intensive training program (n = 132 interviews). Training began with a 2-day workshop covering the principles of child development and child-friendly interviewing. Interviewers then submitted interviews on a bi-weekly basis to which they received written and verbal feedback over an 8-month period. A refresher session took place two months into training. Interestingly, improvements were observed only after the refresher session. Interviews conducted post-refresher training contained proportionally more open-ended questions, more child details in response to open-ended questions, and proportionally fewer closed questions than interviews conducted prior to training and in the first half of the training program. The need for ‘spaced learning’ may underlie why so many training programs have had little effect on practice.     

On the Relevance of Neuroscience to Criminal Responsibility

Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question.     

Passivity at Work. A Conversation on an Element in the Philosophy of Giorgio Agamben

This text is based on a staged dialogue conceived by Alice Lagaay and Juliane Schiffers, which closed the conference ‘How not to speak’ (Wie nicht sprechen) at the Centre Marc Bloch in Berlin on 22 April. Critical comments and questions emerging from the discussion that took place on that day are reflected in ‘Voice Off’.     

Implications of Indeterminacy: Naturalism in Epistemology and the Philosophy of Law II

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology” does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is ever justified, it would not help Leiter’s parallel. Given Leiter’s way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists’ indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology.     

Domestic Courts’ Reading of International Norms: A Semiotic Analysis

This article focuses on a number of cases in international law in which US domestic courts have produced judgments that conflict with those given by the International Court of Justice. The nature of these courts’ judgments has been extremely closely tied to the interpretation given by the US national Executive to a certain international norm. This situation raises a number of questions, which can be broadly categorized into two spheres: the legal (regarding the overall legality of the courts’ decisions) and the semiotic (regarding the manner in which a ‘meaning’ for the norm has been claimed by the courts). In this article we aim to provide answers to a number of these questions, both from the standpoint of international law and from that of a reader-response model of semiosis. We also analyse the level of interdependency that exists between the two spheres.     

Women's criminality,criminal women,criminalized women? Questions in and for a feminist perspective

Although the notion of taking gender into account in social analyses has been around for some time, for the large partit has not been taken seriously by criminologists. In this article, Laberge shows how the neglect of women's criminality has been to the detriment of criminological inquiry. Through an examination of the questions usually asked about women in contact with the penal system, the author takes us beyond an ‘additive’ approach to explaining crime. Reorganizing these questions, she outlines a number of analytical distinctions that will transform our understanding of criminalized women, specifically, and criminological inquiry, generally.     

The Reliability of Lie Detection Performance

We examined whether individuals’ ability to detect deception remained stable over time. In two sessions, held one week apart, university students viewed video clips of individuals and attempted to differentiate between the lie-tellers and truth-tellers. Overall, participants had difficulty detecting all types of deception. When viewing children answering yes–no questions about a transgression (Experiments 1 and 5), participants’ performance was highly reliable. However, rating adults who provided truthful or fabricated accounts did not produce a significant alternate forms correlation (Experiment 2). This lack of reliability was not due to the types of deceivers (i.e., children versus adults) or interviews (i.e., closed-ended questions versus extended accounts) (Experiment 3). Finally, the type of deceptive scenario (naturalistic vs. experimentally-manipulated) could not account for differences in reliability (Experiment 4). Theoretical and legal implications are discussed.     

“Sociologically speaking”: Law,sexuality and social change

Historically, legal discourse affirms the apparent naturalness of the heterosexual family, contributing to the invisibility of social processes which privilege heterosexuality. In this paper, Herman examines ways in which this naturalization and invisibility are the result of the delegitimation of knowledges which challenge the ‘Truth’ of law. Exploring the role of the sociologist as expert witness in the recent Mossop decisions, but also aspects of other recent lesbian and gay litigation, Herman raises a number of questions about the relationship between meaning and truth in law, and the constitution of sexual identity through the legal process. In so doing, she raises questions central to feminist theory.     

The UN Human Rights Norms for Corporations: The Private Implications of Public International Law

Though many years in the making, the UN Human Rights Norms forCorporations only registered on the radars of most states, corporationsand civil society organisations in August 2003 when they beganto move up the ladder of the United Nation's policy-making processes.Since then they have been subject to intense, and sometimesintemperate, debate, scrutiny and controversy. A particularlegal feature of the deliberations has been the focus on theclosely related questions of the legal standing of the Normsin their present format (namely, an imperfect draft, and therefore,of no direct legal force), and what they might become (possibly—thoughnot likely soon—a treaty that speaks to corporations butbinds states). A potent mix of distrust and suspicion, vestedinterests, politics and economics has given rise to a greatdeal of grand-standing and cant concerning these questions andhow they might be answered. In this article, the authors explorethe history of the Norms and the form and content of the debatethat surrounds them, in their attempt to disentangle the legalfrom the rest. That said, the article also focuses on the realpoliticking of the circumstances in which the Norms now findthemselves and it seeks to offer some guidance as to where theNorms—or at least their substance, if not their form—mightgo from here.     

Border Bible

Enforcement of Intellectual Property Rights through Border Measures—Lawand Practice in the EU By Olivier Vrins and Marius Schneider(eds), 2006, Oxford University Press Price: £175.00, Hardback,ISBN: 0–19–928879–8, 1424 pp   It is a brave person who takes on the border regulations inone jurisdiction, let alone all of those in the Community. Experiencehas shown that the questions arising under the European borderrules are rarely plain and never simple. Hence anybody takingon the task of writing or editing a book about such things     

Guilty Property: A quantitative analysis of civil asset forfeiture

The objective of this article is to explore how property seized under the federal civil-judicial forfeiture laws for drug law violations is proceeded against by the government. The methodology is primarily exploratory. A sample of federal civil-judicial drug forfeiture cases is described and then analyzed in regard to the relative importance of the cases’ characteristics. The findings raise serious questions about the use of this policy and the government’s intent behind forfeiture. Implications and suggestions for future research are also presented.     

Hastings-Bass: the true and the spurious

In his article in Trusts and Trustees, 2007, volume 13, No 7,Dakis Hagen discussed the increasingly widespread application,and the uncertain limits, of the ‘Unruly rule in Hastings-Bass’.In this article, co-editor Tony Molloy QC questions whetherwhat has come to be called the Rule in Hastings-Bass is anythingmore than a baseless snare.     

Nanotechnology and the US national innovation system: continuity and change

A substantial literature on nanotechnology innovation and commercial development has characterized several elements of these phenomena as constituting new developments in the US national innovation system. Among these elements are the (asserted) “post-academic” nature of US universities’ involvement with nanotechnology R&D, and federal funding of nanotechnology R&D on goals related to economic competitiveness. This paper challenges the “novelty” of these elements, while suggesting that other elements of nanotechnology R&D, including the extensive patenting of the results of nanotechnology-related research and the emphasis within many university-industry collaborations on patent-based channels for “technology transfer,” may indeed be new and raise questions for the long-term efficiency and innovative performance of nanotechnology-related R&D.     

The Myth of 'Rebalancing' Retaliation in WTO Dispute Settlement Practice

It is generally assumed that trade retaliation under the WTOperforms some kind of ‘rebalancing’ by allowingthe injured Member to suspend ‘concessions and obligations’vis-à-vis the violating Member of a level equivalentto the level of ‘nullification and impairment’ sufferedby the injured Member. This article argues that this perceptionis misguided. The article first questions if a sensible comparatorexists with which equivalence for purposes of ‘rebalancing’could be evaluated. It then argues that WTO arbitration decisionsdo not even succeed in their limited goal of providing for retaliationthat will affect trade in the same amount as the WTO-inconsistentmeasure at issue. One reason is the use of an asymmetric andunderspecified trade effects comparator. The other reason isvery significant miscalculation of the trade effects of theviolation, as shown by detailed legal-economic analysis of allrelevant arbitration decisions. The decisions concerning countermeasuresagainst prohibited export subsidies do not make any attemptat ‘rebalancing’ in the first place. The articleconsiders political explanations of arbitration decisions. Itconcludes with some suggestions for improvement.     

Twenty-Five Years of <Emphasis Type="Italic">Social Science in Law</Emphasis>

In this essay, we take the publication of the seventh edition of the casebook Social Science in Law (2010) as an opportunity to reflect on continuities and changes that have occurred in the application of social science research to American law over the past quarter-century. We structure these reflections by comparing and contrasting the original edition of the book with the current one. When the first edition appeared, courts’ reliance on social science was often confused and always contested. Now, courts’ reliance on social science is so common as to be unremarkable. What has changed—sometimes radically—are the substantive legal questions on which social science has been brought to bear.     

In search of criminological tradition: the development of criminology in Taiwan

There has been a growing interest in the historical development of criminology(ies) throughout the world. This paper examines the development of criminology in Taiwan (Republic of China) using both questionnaire and interview data. Textbooks, institutional development, and research activity are taken as proxy measures of a criminological tradition. Beginning with criminology in Republican China (1929–1949), the article explores the key features of change in criminology against the background of Taiwan's own particular adoption of social, political and economic ‘modernisation’. Foreign influence and the contemporary meaning of ‘indigenous’ are considered. The article ends with a research agenda for a grounded historical sociology of criminology on Taiwan; key identified research questions relate to sponsorship, research priorities and the production of criminological knowledge; the reception of research by policy communities and practitioners; the relationship between criminological knowledge and politics; and the processes of selective appropriation.     

Defining serial murder: A call for a return to the originalLustmörd

This paper revisits the important task of defining serial murder. A review of the history of the term reveals the use of arbitrary and inconsistent criteria by various researchers, raising serious questions as to their validity and reliability. The need to identify specific elements that distinguish serial homicide from other forms of multiple is underscored. Problems associated with the failure to apply consistent criteria are discussed. It is a contention of this work that there exists an aspect of serial murder—as most researchers intend the term—that is inherently distinctive. A definition of serial murder based upon the primary—and intrinsic—motivation of this kind of offender is offered for consideration.