Why Are There So Many Lawyers in Congress?

Scholars have long sought to explain the overrepresentation of lawyers in Congress. This article draws on a wealth of data to explore the causes and consequences of this representational imbalance. While lawyers enter politics at higher rates, self-selection at best provides a partial explanation. Conditional on running, lawyers win at twice the rate of candidates from other backgrounds. Contrary to prevailing theories in the literature, voters do not reward candidates with backgrounds in law. Rather, lawyers win because of a sizable competitive advantage in early fundraising, owing in large part to their professional networks. This study has important implications for who runs for office, who wins, and the demographic composition of Congress. It also identifies an underexplored mechanism by which the US system of campaign finance sustains deep representational imbalances.     

Is It Who You Know,or How Many That Counts? Criminal Networks and Cost Avoidance in a Sample of Young Offenders

The aim of the current study is to assess whether criminal networks can help young offenders avoid contacts with the criminal justice system. We examine the association between criminal network and cost avoidance specifically for the crime of cannabis cultivation in a rural region in Quebec, Canada. A self‐report delinquency survey, administered to the region's quasi‐population of high‐school students (N = 1,166), revealed that a total of 175 adolescents had participated in the cannabis cultivation industry (a 15% lifetime prevalence rate). Forty‐seven respondents (27%), including 29 who were arrested, reported having participated in a cultivation site that was detected by the police. Results indicate that “who you know” matters in the cultivation industry, and is an important independent predictor of arrest: very few young growers who were embedded in adult networks were apprehended. Conversely, embeddedness in a youth network emerged as an independent risk factor, especially embeddedness in larger networks.     

Rolling the Dice: How Many Occurrences Have Occurred?

The insurance litigation that followed from the World Trade Center tragedy has produced two decisions. The two decisions are diametrically opposed. First, the court found that for those insurance policies that contained a definition of the policy term “occurrence,” the collapse of the two buildings constituted a single occurrence. SR International Business Insurance Co., Ltd. v. World Trade Center Properties LLC, et al., 222 F. Supp. 2d 385 (S.D.N.Y. 2002), aff'd, World Trade Center Properties, LLC, et al. v. Hartford Fire Insurance Co., et al., 345 F.3d 154 (2d Cir. 2003). Then, after a trial involving those policies that did not define the term “occurrence,” the jury held that the collapse of the two buildings constituted two occurrences. This incongruous result demonstrates two truths. First, when the insurance industry wants to, it can define the term ‘occurrence’ in a totally unambiguous manner:

Occurrence shall mean all losses or damages that are attributable directly or indirectly to one cause or to one series of similar causes. All such losses will be added together and the total amount of such losses will be treated as one occurrence irrespective of the period of time or area over which such losses occur.

See WilProp form insurance policy for the World Trade Center, cited at 345 F.3d at 160.     

How Exceptional Is India? A Test of Situational Action Theory

This study explores the generalizability of Situational Action Theory (SAT) in India by testing hypotheses related to the person–environment interaction in explaining offending. Drawing on data from a sample of 872 students between the ages of 14 and 17 from an Indian city collected as part of the International Self-Report Delinquency Study (ISRD3), we tested the hypothesis that Indian youths will report more delinquent acts if they have a higher propensity to commit crime combined with a greater exposure to criminogenic activities. Our findings show unequivocal support for the applicability of SAT in India where youths reported a slight increase in offending behavior if they exercised low self-control or if they were less moralistic (i.e., they were more crime-prone), or when exposed to criminal activities or peers. Consistent with tests of SAT in other contexts, we find that exposure to criminogenic environments increases offending for youth with higher levels of criminal propensity but does not impact youth with lower levels of criminal propensity. We speculate that the overall low rate of delinquent offending coupled with the cultural milieu of Indian youths may explain why criminogenic exposure may be less relevant in light of young people’s strong avoidance of rule-breaking.

     

Is forensic science in danger of extinction?

Observations of modern day forensic science has prompted asking the question of whether this field is in danger of extinction. Although there have undoubtedly been meaningful advancements in analytical capabilities, we have overlooked several unintended practical and philosophical consequences. This article addresses three main areas of concern: the declining role of the generalist in an era of increased specialization, the role of education in preparing the next generation of forensic scientists, and the implementation of advanced instrumentation with a focus on statistical significance and field deployable instrumentation.     

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.     

How Strong Is Public Support for the Death Penalty in Singapore?

Singapore is well known internationally for its uncompromising stance towards law and order and its use of the death penalty in particular for murder and drug trafficking. Until 2012, it was one of the few countries in the world where the death penalty was mandatory for persons convicted of these two crimes. The law was amended in 2012 to give a judge the choice to impose the death penalty or life imprisonment (with caning) for non-intentional murder and drug trafficking in some situations. What do Singaporeans think of the use of the death penalty in their own country? This article reports on some findings of a survey conducted in 2016 on 1500 Singaporeans to assess their knowledge and support of the death penalty.     

How General is Control Balance Theory? Evidence from Ukraine

This study tests control balance theory using interview data from a random sample of adults in a large city in Ukraine. This is the first empirical assessment of the theory to employ a random sample of adults in a nonwestern culture, and it is one of only two studies to incorporate Tittle’s theoretical revisions and measurement strategy for the control ratio. Although we found no evidence of a relationship between projected deviance and a dichotomous measure of control imbalance, respondents with a relatively large control imbalance were significantly more likely to project deviance than were other respondents. In addition, findings provide partial support for predicted contingent relationships involving constraint and self-control. We discuss possible ways in which the socio-cultural circumstances of Ukraine help to explain these findings.     

Is the label ‘minimal legislature’ still appropriate? The role of the National People's Congress in China's political system

To discuss the type of legislature, this article explores what role the National People's Congress (NPC) plays in China's political system, particularly in legislation. According to Mezey's study (Comparative Legislatures, 1979), he defines ‘minimal legislatures’ as being characterised by having little or no policy-making power and being more supported by the elite. The assumption is that the NPC is a minimal legislature, acting as a rubber stamp for the executive. This study is used to test this assumption. The findings show that the NPC does play an important role in the whole political system, especially in legislation, though the NPC has typically been under the control of China's Communist Party. The findings also call into question the continued applicability of Mezey's classic typology legislatures given the development of the Chinese legislature. A new approach for classifying legislatures is introduced based on the institutionalisation and professionalisation of a legislature.     

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".     

An Expanding Culture of Control? The Municipal Administrative Sanctions Act in Belgium

This article provides an in-depth study of the Act on Municipal Administrative Sanctions 1999 (MAS), which is the first major piece of legislation regulating antisocial behaviour in Belgium. MAS provides municipalities with an instrument to sanction antisocial behaviour and conduct perceived to disturb public order. The article uses Garland’s (2001) thesis on the culture of control to analyse whether MAS has led to increased government control and the exclusion of significant groups of the population. The research is based on a multiple case study in which the application of MAS was analysed over a 25-year period of security policies in Belgium (1985–2010). The Act’s implementation was studied in the two Belgian cities of Antwerp and Liège in order to consider the influence of the Flemish government and the Walloon government, respectively, in this policy area. The article uses insights from this comparison to revisit the culture of control thesis and its limitations in understanding the political competition that exists over the formulation of policies on antisocial behaviour.     

Many Duties of Care--Or A Duty of Care? Notes from the Underground

In the course of attacking the idea that the concept of theduty of care can be dispensed with and replaced by a view ofnegligence that deals only with fault and causation, criticshave revived the notion that there are many duties of care.This article argues that the idea of many duties of care isunworkable, but that there is no need to revive such an ideato avoid falling into the view that the whole concept of theduty of care can be discarded. It argues instead for a unifiedview of the duty of care as a single duty. It also argues fora new analysis of negligence, facilitated by the one-duty view,which does see fault as central to negligence but which, insteadof discarding duty, sees arguments about duty as about whetherthe defendant should be permitted to act unreasonably. The articledefends the one-duty view and the new analysis of negligenceagainst the relational view of negligence and against chargesthat it is motivated by a desire for unity between English andFrench law, that it would be incompatible with the conventionaleconomic analysis of tort law (in the course of which it suggestsan economic analysis of the duty of care), and that, unlikethe no-duty view or the many-duties view, it fails to articulatea coherent view of the relationship between freedom and community.     

Is the doctor in? The evolving role of organized medicine in health policy

Until recently, physicians were viewed as the dominant player in health policy. Now, however, they compete with many other effective interest groups. This article analyzes this changing role, and specifically how organized medicine has changed its approach to influencing health policy. The essay begins with a review of the reasons for the growth and subsequent decline of physicians' influence. This is followed by a case study of physician payment reform under Medicare, which illustrates the ways in which organized medicine chooses when and when not to cooperate with government. The article concludes with a discussion of where physicians are likely to continue to be influential in future health policy reform. Three such areas are noted: payment policy, quality and clinical innovation, and medical education and training.     

Is there progress in the autopsy diagnosis of sudden unexpected death in adults?

Sudden death is now currently described as natural unexpected death occurring within 1h of new symptoms. Most studies on the subject focused on cardiac causes of death because most of the cases are related to cardiovascular disease, especially coronary artery disease. The incidence of sudden death varies largely as a function of coronary heart disease prevalence and is underestimated. Although cardiac causes are the leading cause of sudden death, the exact incidence of the other causes is not well established because in some countries, many sudden deaths are not autopsied. Many risk factors of sudden cardiac death are identified: age, gender, heredity factors such as malignant mutations, left ventricular hypertrophy and left ventricle function impairment. The role of the police surgeon in the investigation of sudden death is very important. This investigation requires the interrogation of witnesses and of the family members of the deceased. The interrogation of physicians of the rescue team who attempted resuscitation is also useful. Recent symptoms before death and past medical history must be searched. Other sudden deaths in the family must be noted. The distinction between sudden death at rest and during effort is very important because some lethal arrhythmia are triggered by catecholamines during stressful activity. The type of drugs taken by the deceased may indicate a particular disease linked with sudden death. Sudden death in the young always requires systematic forensic autopsy performed by at least one forensic pathologist. According to recent autopsy studies, coronary artery disease is still the major cause of death in people aged more than 35 years. Cardiomyopathies are more frequently encountered in people aged less than 35 years. The most frequent cardiomyopathy revealed by sudden death is now arrhythmogenic right ventricular cardiomyopathy also known simply as right ventricular cardiomyopathy (RVC). The postmortem diagnosis of cardiomyopathies is very important because the family of the deceased will need counseling and the first-degree relatives may undergo a possible screening to prevent other sudden deaths. In each case of sudden death, one important duty of the forensic pathologist is to inform the family of all autopsy results within 1 month after the autopsy. Most of the recent progress in autopsy diagnosis of sudden unexpected death in the adults comes from molecular biology, especially in case of sudden death without significant morphological anomalies. Searching mutations linked with functional cardiac pathology such as long-QT syndrome, Brugada syndrome or idiopathic ventricular fibrillation is now the best way in order to explain such sudden death. Moreover, new syndromes have been described by cardiologists, such as short-QT syndrome and revealed in some cases by a sudden death. Molecular biology is now needed when limits of morphological diagnosis have been reached.     

Social Control and Emancipation ? Ambiguities in Child Welfare

Child welfare may be regarded either as a tool used by the authorities to exercise social control over family life, or as a weapon supporting the cause of children, striving to emancipate them from both parental and societal neglect or oppression. Research into Norwegian child welfare in the period since the Second World War reveals an ambiguous picture: the intervention of the state into family life signals both tightening social control of all family members and emancipation of the less powerful from patriarchal rule. As the rights and needs of children are considered more important, the control of parents, especially the mother, is increased. The central position of children and their interests have been strengthened in child welfare legislation. However, it is not the child, but the child welfare officials who define what is 'in the best interest of the child'. Post-war development has not granted children autonomy. Child welfare legislation is still mainly paternalistic. In child welfare casework, there is a danger that the lived experience of the child never emerges from the shadows cast by the interaction between adults. In relation to older children who came in contact with child welfare primarily because of their own problem behaviour, the ambiguity of emancipation and control has taken a somewhat different shape. The authorities wanted to keep these children out of prison. Humanitarian considerations, however, have been coupled with hopes of more effective crime prevention. In the postwar years, misbehaving children were also embraced by the increasing importance of 'the best interest of the child' as the main objective in child welfare decisions. In order to secure both emancipation and control, 'the best interest of the child' and the state's interest in preventing crime had to be understood as one and the same.     

Is the appearance of macrophages in pulmonary tissue related to time of asphyxia?

In order to connect the appearance of macrophages and giant cells in pulmonary tissue with the time of asphyxia the authors analyzed 50 asphyxiated human lungs paying their attention on the number of alveolar and interstitial macrophages and giant cells. They compared histological specimens of 25 asphixiated humans lungs following a slow asphyxia (30 min or more) with 25 histological specimens of asphyxiated human lungs following a rapid asphyxia (10-15 min). Alveolar and interstitial macrophages and giant cells per section, were considered and numbered. Controls were done on histological examination of traumatized lungs. In the pulmonary alveoli following on acute asphyxia there were 27.7+/-4.4 macrophages per section. Subjects dead after a slow asphyxiation showed 68.2+/-7.1 alveolar macrophages per section (p<0.001). Interstitial macrophages were also frequently present. No differences are detectable in the number of polynuclear giant cells between rapidly and slowly asphyxiated human lungs. The number of alveolar and interstitial macrophages per section can be considered as a further histological evidence of a slow asphyxia and can differentiate a slow asphyxia from an acute one.     

Changing Control of the Open Drug Scenes in Oslo— Crime,Welfare, Immigration Control,or a Combination?

Over the last few years there has been a societal move away from a perception of drug users as criminals to a perception of the users as sick. Contrary to what one may expect from such a change, reported drug crimes against the penal code are at record-high levels. It is the contradictory inherent in these tendencies that will be emphasized and highlighted in this article. The open drug scenes in Oslo and the police control of the scenes have changed. During the last few years there has been a growing element of foreign citizens in the drug scenes, and the police control has focused on the foreigners. Could part of the explanation of the contradictions be that there is a differentiation of how the different users are handled? Are there different forms of social control employed toward Norwegian and foreign actors in the open drug scenes? This article puts forward arguments that this is actually the case, driven by a consistent association of foreign actors in the drug scene with organized crime, and a stricter Norwegian legislation and approach to immigration questions, with a tendency toward a conflation of immigration and criminal law.     

Is EU Administrative Law Failing in Some of Its Crucial Tasks?

Beneath the surface of steady changes in EU administrative law lurk a number of long‐term, structural problems. In this article, I argue that, because of these structural problems, EU administrative law is failing in some of its crucial tasks: (1) finding a balance between administrative convergence and administrative diversity within the EU legal system, (2) structuring administrative power and its exercise, (3) governing administrative instability. EU administrative law, however, is not necessarily trapped in the status quo. By identifying and articulating a number of long‐term problems, this article aims at providing some tools that future research could use in the discussion on the possible ways forward. More generally, it suggests that EU administrative law should be reshaped as a project of institutional design.