All Judges Are Political—Except When They Are Not: A Response

The author explains the origins of All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (2010) as a response to a fundamental question posed by legal realism: How can the judicial process be permeated with politics and yet remain an accepted part of a legitimate legal system? The author demonstrates the ongoing importance of this question by examining debates over the place of constitutional law in the law school curriculum and by assessing public perceptions of the Supreme Court's ruling on health care reform. The author then addresses the critical appraisals presented by the symposium contributors. The critiques are taken as road maps for extending the author's arguments in new directions.     

Effect on Eyewitness Accuracy When Witnesses Are Told versus Not Told That They Will Be Allowed a Second Viewing

Lindsay, Lea, and Fulford (J Appl Psychol 76:741–745, 1991) found that false identifications increased, correct rejections decreased, and correct identifications minimally increased when witnesses were allowed a second viewing of a sequential lineup. We conducted a similar study in which we allowed mock witnesses a second viewing of a sequential lineup. Results indicated that participants who were allowed a second viewing made mostly incorrect identifications. Participants correctly identified the perpetrator more often when they were not told in advance that they would have a second viewing than when they were told. Additionally, those participants who were told that they would be allowed a second viewing incorrectly rejected the lineup more often than those who were not told. The findings yielded conclusions similar to those of Lindsay et al. (J Appl Psychol 76:741–745, 1991) suggesting that witnesses should not be allowed to view the lineup a second time. The results also suggest that, if a repeated lineup is used, witnesses should not be informed of that in advance.     

Review Symposium: Interdisciplinary Readings of Ari Z. Bryen's Violence in Roman Egypt: A Study in Legal Interpretation—Introduction

Bryen, Ari Z. 2013 . Violence in Roman Egypt: A Study in Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook.     

Introduction to Symposium on “Critical Legal Histories”: Robert W. Gordon. 1984. Critical Legal Histories. Stanford Law Review 36:57–125

This introduction to a symposium on Robert Gordon's classic article “Critical Legal Histories” (1984) suggests that the article should be read in the first instance as a response to the distinctive historical and jurisprudential currents of the 1980s, even as it also remains a work that continues to challenge legal historians working today, a generation later.     

Respect response to Dixon et al. (2012) ‘Perpetrator programmes for partner violence: Are they based on ideology or evidence?’

Purpose. This article is a commentary on Dixon, Archer, & Graham‐Kevan's (2012) critique of the Respect position statement on gender, which concluded by calling for abandoning either Respect or the Respect accreditation system. Methods. The article starts by providing some factual information about Respect and about the accreditation system mentioned in Dixon et al. It then picks up on five specific aspects of the discussion: research notions, prevalence, homicide, the relevance of gender to work on intimate partner violence, and our work to support male victims. Results. Dixon et al. critique one document in order to call for the abandonment of a system of accreditation which is not connected to that document. Dixon et al. ignored other relevant research (such as that on partner homicide) and practice evidence that contradicts their assertions. This includes ignoring the existence of Respect's work with male victims, including running the male victims helpline. Conclusions. Respect work is informed by knowledge and experience from research and practice. There is substantial evidence from research to support the position statement on gender. The accreditation standard and system of accreditation was established before the position statement was written and is not included. Respect provides valuable services for male victims and for male and female perpetrators.