The Convention Method Revisited: Does It Have a Future and Does It Matter?

Scholars have argued that the convention method has democratised the process of treaty reform and increased the legitimacy of EU constitutionalisation. This article finds that the convention method has contributed to a slightly more democratic process, but has not, in any fundamental way, improved the democratic status of the EU's treaty reform process. We should accordingly not be too concerned over the future fate of the convention method. From a democratic perspective, we should be more worried over the possible scenario that future changes to the EU's institutional structure will come about through implicit constitutional change without any formal changes being made to the treaties. The often cumbersome ratification process could thereby be bypassed, but this would also deprive EU citizens of the only real opportunity they have of influencing decisions on the overall design of the integration project.     

The Compulsory Jurisdiction of the International Court of Justice: How Compulsory Is It?

The "compulsory jurisdiction" of the International Court ofJustice is not truly compulsory. The Court's jurisdiction isbased on the consent of the parties. States have the optionto accept or not to accept the Court's jurisdiction and cando so under terms and conditions they determine themselves.However, once a State has granted its consent, and when a disputethat falls within the scope of that consent is submitted tothe Court, the State must subject itself to the Court's jurisdiction.It is that legal obligation that is at the root of the term"compulsory".     

Improving Children’s Interviewing Methods? The Effects of Drawing and Practice on Children’s Memories for an Event

In the present experiment, we were interested in the effects of drawings and practice on children’s memory performance. Younger (6/7-year-olds; n = 37) and older (11/12-year-olds; n = 44) children were presented with two videos that differed in complexity. Half of the children had to practice recalling an experienced event (i.e., last holiday) before remembering the two videos. The other half was not presented with such practice. Then, all children had to tell what they could still recollect about the first video. For the second video, all children were allowed to draw and tell during the recollection of the event. As expected, we found that for the complex video, making a drawing increased the completeness of children’s statements, but also reduced the accuracy of their statements. Although we found that including practice reduced the completeness of statements, it did not negatively impact the accuracy of children’s memory reports. Taken together, our results imply that interviewers should be cautious in using drawings as an interviewing method as it might elevate the production of incorrect information.     

Theories of Rights: Is There a Third Way?

Some important recent articles, including one in this journal,have sought to devise theories of rights that can transcendthe longstanding debate between the Interest Theory and theWill Theory. The present essay argues that those efforts failand that the Interest Theory and the Will Theory withstand thecriticisms that have been levelled against them. To be sure,the criticisms have been valuable in that they have promptedthe amplification and clarification of the two dominant theoriesof rights; but their upshot has been to reveal the need forthe improvement, rather than the abandonment, of those theories.     

On the meaning of the likelihood ratio: Is a large number always an indication of strength of evidence?

There is general lack of awareness that high LR based on complex propositions e.g. three contributors, does not necessarily translate into probative evidence against a suspect. In some cases there is an increased chance of false inclusion of a person of interest. This is an issue for all LR-based models. One way to address this issue is to further evaluate or qualify the estimated LR by a performance test. Based on simulations, this was achieved by non-contributor-testing: replacing the reference profile of interest (typically the suspect's profile), by the profile of a simulated random man. An exact p-value can also be calculated, giving the chance of observing an LR-value exceeding the estimated if the defense hypothesis is true.     

Predictions of Future Dangerousness in Capital Murder Trials: Is It Time to “Disinvent the Wheel?”

Although recent U.S. Supreme Court decisions regarding the death penalty (e.g., Atkins v. Virginia, 2002) have renewed interest in mental health issues, one topic that has not received much attention recently is the ongoing use of expert testimony to support claims that defendants represent a continuing threat to society. In this article, we (a) review prior research relevant to determining the accuracy of clinical predictions that capital defendants will commit future acts of criminal violence; (b) summarize new data from current and former death row inmates in Texas that bolster the claim that such predictions are gross overestimates of risk; and (c) review extant research addressing the potential utility of various risk assessment instruments that increasingly are being used to reinforce clinical predictions in capital trials. Despite significant recent advances in the field of risk assessment, clinical assertions that a defendant is likely to commit future violent acts appear to be highly inaccurate and ethically questionable at best. Moreover, available research offers little support for the claim that the accuracy of these predictions will be appreciably improved by relying on more structured risk assessment measures that have some demonstrated predictive validity in other contexts.Portions of this article were written while the first author was a member of the Department of Psychology at Sam Houston State University. The prison inmate data reported in this study also are described in a report by the Texas Defender Service, available at:     

Is the risk of North–South technology transfer failure an obstacle to a cooperative climate change agreement?

We setup a stylized model with endogenous North–South technology transfer for climate change mitigation. We theoretically identify the driving factors that enhance or hinder cooperation with socially optimal binding targets on emissions and on investment in technology transfer. We find that the risk of technology transfer failure creates an obstacle to the achievement of the cooperative agreement: under cooperation, the South will have to fulfill the emissions target at high costs if technology transfer fails. Under non-cooperation without any binding targets, the North still has an intrinsic motivation to reduce emissions in the South at low costs via technology transfer; and the South does not have the pressure to fulfill an emissions target. As a result, non-cooperation shifts part of the costs of a technology transfer failure from the poor South to the rich North and can thus be preferable for the South. Two policy implications for achieving the cooperative solution are derived: first, the South should be insured against or compensated for a technology transfer failure. Second, an agreement on technology transfer should be formulated in terms of emissions reductions or low-carbon technology capacities that are to be achieved rather than in terms of monetary payments with uncertain effects on emissions. We discuss the model results in the context of empirical facts and current developments.     

The Medical Exception to the Prohibition of Killing: A Matter of the Right Intention?

It has long been thought that by using morphine to alleviate the pain of a dying patient, a doctor runs the risk of causing his death. In all countries this kind of killing is explicitly or silently permitted by the law. That permission is usually explained by appealing to the doctrine of double effect: If the use of morphine shortens life, that is only an unintended side effect. The paper evaluates this view, finding it flawed beyond repair and proposing an alternative explanation. It is not the intention of the doctor that counts, but the availability of an “objective” palliative justification.     

“Memorialization Laws in the United Kingdom: A Response to Fear or an Increased Occurrence?”

Issues of sexual abuse, predation and rape have received an increased degree of attention over the last decade and as a result have overshadowed similarly offensive crimes. Various highly publicized cases of sexual violence against women and children have gripped both the United States and the United Kingdom and have resulted in the implementation of sexual violence laws. Media coverage of an ‘epidemic’ of sexual violence has led some to question whether the frenzy surrounding these publicized cases has created a “fear factor” among parents and caregivers, begging the question as to whether the incidence of sexual violence has increased or whether the heightened sensitivity is a result of increased media reporting. This article examines approximately 12 years of aggregate sexual abuse prevalence data (crimes reported to the police) in England, Wales, Scotland and Northern Ireland, and compared prevalence change points and sexual offense law implementation. The article then examines the possible theory of whether Sarah’s Law could potentially to be a result of increased fear or a moral panic. Findings indicate sex crime rates were declining prior to the law’s implementation, lending cautious support to the proposition that the genesis of Sarah’s Law may have been due to fear, rather than actual increases in sexual crimes.     

Clearing and Settlement of Derivatives: Is a Code of Conduct Advisable?

This article is a first step to assess whether a self‐regulatory ‘Code of Conduct’, which has been in effect for European equities, should also be extended to derivatives. The aim of the code is to increase competition and customer choice in the European transaction process (trading, clearing and settlement). The article examines whether such a code is advisable for derivatives by evaluating potential market failures and inefficiencies in European derivatives markets. More specifically, the article: a) highlights the main differences in the clearing and settlement procedures of derivatives versus equities; b) outlines current and alternative market infrastructures in derivatives post‐trade markets; and c) evaluates the current level of competition among derivatives exchanges and also between the on‐ and off‐exchange trading segments. The article concludes that if imminent initiatives taken to increase the competitiveness of over‐the‐counter (OTC) derivatives markets vis‐à‐vis the incumbent derivatives exchanges—such as increased clearing house usage and new entry of multilateral trading facilities—are not effective in the near future, a code of conduct could be envisaged. This should entail promoting faster automation of OTC post‐trade processes and ensuring price comparability is maintained between derivatives exchanges.     

Is Partner Aggression Related to Appraisals of Coercive Control by a Partner?

Research and clinical reports on men who are aggressive towards their intimate partners find that these men tend to behave in highly controlling ways towards such partners (e.g., restricting their social interactions, monitoring of activities, and reducing decision-making power). This study tests the hypothesis that men and women in violent dating relationships appraise such behaviors differently than individuals in nonviolent relationships. Based on clinical and empirical partner abuse literature, 119 college students rated the extent to which they perceived hypothetical behaviors towards a partner as controlling. Results suggest that individuals who had either engaged in or received partner aggression appraised restrictive, domineering, and coercive behaviors from a male to a female partner, and from a female to a male partner as less controlling than individuals who had neither perpetrated nor received partner aggression. Men also viewed those behaviors as less controlling than did women. Generalizability, clinical implications, and directions for future research are discussed.     

When Is It Enough for Me to Leave?:Black and Hispanic Women’s Response to Violent Relationships

Based upon a subsample from the National Violence Against Women Survey (NVAWS) this article examines the role of socioeconomic status, relationship investment and psychological abuse in Black and Hispanic women’s decisions to leave or stay in violent relationships. Racial and ethnic differences and similarities were found in the factors related to staying or leaving violent relationships. Black women stayed in violent relationships at a slightly higher rate than Hispanic women. Marital status, presence of other adults in the household, and psychological abuse influenced Black women’s staying/leaving decision. Household income and psychological abuse were factors in whether Hispanic women remained in or exited violent relationships. Recommendations for possible interventions are discussed.     

Is there only One Correct Legal Answer to a Question of Fact? Three Talmudic Answers to a Jurisprudential Dilemma

This article focuses on questions of pure fact‐of‐the‐matter and asks whether two omniscient judges (or jurists or scholars) may disagree over the legal answer to a straightforward question of a matter of fact. There are approaches to legal theory among some western and Jewish philosophers of law whereby at least superficially it is possible that two or more contradictory legal statements regarding a given reality can be equally correct. The article provides a critical analysis of three different models derived from the Jewish legal literature, and reviews the contributions of Jewish sources to the understanding of the phenomenon of disagreements concerning matters of fact.     

Negotiating Effective International Environmental Agreements: Is an Objective Approach to Differential Treatment Possible?

The negotiation of international environmental agreements is rendered less effective and more costly than necessary on account of the incentives for rent seeking. This article argues that the problem of rent seeking in this context is complicated by the legitimate demand for the differential treatment of relevant heterogeneity, when insufficient information is available to distinguish between demands based on legitimate differences and rent-seeking. In order to reduce the overall costliness of the totality of international resource agreements, the general rule should be that differential treatment should be provided only in exceptional circumstances. A corollary to this rule is that differences that do not affect future negotiating costs may be considered in current negotiations. This points to differences that are exogenous to the bargaining process, such as a country's physical location. It is argued that development status of a country is another such factor, since the incentives to pursue development are unlikely to be affected by its recognition in current negotiations. Furthermore, the failure to recognise development status as a legitimate basis for differentiated treatment implicitly rewards the early identification and exploitation of unmanaged resources. Restriction of differential treatment to a small number of such differences enables the focusing of negotiations, and the structuring of discussions. A case study of the Montreal Protocol illustrates how the differential impacts of a uniform standard may be estimated, once the range of impacts is delimited.     

Is schizoid personality a forerunner of homicidal or suicidal behavior?: a case study

The authors believe that a relationship exists between schizoid personality disorder and violent acts. The following case study is presented to contemplate such a possible relationship. There is a paucity of research on this topic. The authors suggest that further research closely examine the relationship between violent behavior and those character traits associated with schizoid personality disorder. If such a relationship is found, these character traits could be integrated with other risk factors known to predict violence.     

Whose Business Is It: Is Public Business Conducted on Officials’ Personal Electronic Devices Subject to State Open Records Laws?

State and local officials are increasingly using their own computers, smart phones and personal email accounts to do their jobs. State public records laws do not necessarily prohibit the practice, but a number of these officials have contended that the emails, text messages and other records conducting public business are not subject to state sunshine laws when communicated on these private accounts and devices. They argue that ownership of the device or account determines if the records are open. This article found that in states where authorities have decided the issue, the majority has rejected the notion that ownership trumps content. The article examines the reasoning put forth and determines which arguments have found the most support among state courts and attorneys general asked to decide the issue. The article also suggests solutions to separate those communications that should be public from those that are properly considered private.