Reasonable expectation of privacy and third-party consent searches

Reasonable expectation of privacy is discussed in the context of searches conducted without the warrants usually required by the Fourth Amendment but with the consent of a third party, who is not the target of the search. Case law on this issue is neither consistent nor clear-cut. Psychological theory and research clarify this issue by establishing closer correspondence between legal concepts and assumptions and individuals' actual behaviors and social expectations. The key legal components of reasonable expectation of privacy are delineated, with regard to third-party consent: “common authority” areas versus “exclusive use” areas and theassumption of risk doctrine. Next, the psychological theory and research on interpersonal relations and human territorial functioning are reviewed as they relate to the legal components of privacy regulation. Taken together, the legal criticisms of this warrant exception category, and possible discrepancies between the legal assumptions concerning interpersonal and territorial functioning among co-residents and the actual behaviors and expectations suggested by psychological theory and research, raise questions about its validity.     

Cognitive and interpersonal factors in woman abuse

As part of a larger ecological analysis of woman battering in Israel, this study examined the combined ability of selected cognitive and interpersonal measures to differentiate among couples in which women were battered and those in which they were not. The ability of these variables to predict men's physical violence and verbal abuse and women's verbal abuse was also executed. Results indicate that a combination of low marital adjustment, high levels of conflict over children, and more perceived self-control over one's life characterized violent men; low marital adjustment and high conflict over child rearing characterized battered women. Both men's and women's verbal abuse was moderately predicted by lower marital adjustment while men's physical violence was predicted by increased levels of conflicts with his partner over child rearing. These findings suggest the importance of marital relationship factors in domestic violence and highlight the need for further study of the interaction between perceived control and marital relationship problems in relationships where men physically abuse women.     

China's Exchange Rate Reform and Exports

The paper argues that exchange rate reform is a vital supply-side factor in China's export growth. It contributes to China's export expansion by affording a realistic exchange rate and allowing freer access to foreign exchange, thereby leading to the reduction of anti-export bias and strong supply response. In an imperfect substitutes model, China's long-run export supply and demand functions are estimated in a system context. Evidence is found that the exchange rate reform is one of the most influential factors in China's long-run export expansion, inducing significant response of exports supply. In the short-run, the exchange rate reform and the export volume are also cross-linked through the error-correction process. China's exchange rate policy adjusts speedily to ensure the long-run equilibrium of the supply-side relationship and is likely to have played a dominant role in the adjustment. The study confirms, thanks to the exchange rate reform, China's exchange rate policy has benefited China's remarkable growth of exports before 1994.     

The Legality of Self‐Constitution

An influential strand in recent action‐theory employs constitutivist arguments in order to present accounts of individual agency and practical identity (and of the normative requirements that are constitutive of these phenomena). I argue for an extension of this framework into the interpersonal realm, and suggest using it to reassess issues in jurisprudence. A legal system is an instantiation of the solution to the inescapable tasks of self‐constituting action and identity‐formation in the presence of other agents. Law's validity and normativity can be enlightened when the constitutivist approach considers the external prerequisites of individuals' self‐conceptions qua agents. More specifically, this argumentative strategy allows a reassessment of Fuller's “internal morality of law.” Whereas, pace Fuller, morally substantive conclusions cannot be derived from formal criteria of legality, there are unconditional normative requirements that constrain law.     

Autonomy: A study of social exchange in a carceral setting

Marshaling ethnographic data from a county jail, this study introduces “autonomy”—a novel concept and measurement of the degree to which an actor's exchange initiations are regulated by other exchange relations. This study rearticulates mutual dependence arguments about the social order of penological living in terms of social exchange theory and offers several innovations: 1) the structural forms of exchange relations in a penal housing unit stratify “carceral autonomy” across members of a social order; 2) diminished carceral autonomy contributes to the buildup of “exchange frustration”—the mixture of discontent and sadness experienced when goals cannot be achieved due the structure of an exchange network; 3) deprivations, inefficacies, and imported cultural standards contribute to what is exchanged and with whom in a penological setting; 4) caretaking in penological housing units is as much about maintaining social order through a form of generalized exchange as it is about network members helping each other; and 5) the emotional landscape of penological living can be mapped, in part, by examining the distribution of carceral autonomy and exchange frustration.     

Putting interpretation in its place

What can a philosophical analysis of the concept of interpretation contribute to legal theory? In his recent book,Interpretation and Legal Theory, Andrei Marmor proposes a complex and ambitious analysis as groundwork for his positivist assault on “interpretive” theories of law and of language. I argue (i) that the crucial element in Marmor's analysis of interpretation is his treatment of Ludwig Wittgenstein's remarks on following rules, and (ii) that a less ambitious analysis of interpretation than Marmor's can take better advantage of those insights about rules. I explore some implications of such an analysis for the role of interpretation in legal reasoning.     

Woman abuse in dating relationships: The relevance of social support theory

Many women are victimized by their boyfriends. Furthermore, male social networks may encourag e members to abuse their girlfriends. A review of relevant literature shows that social support theory may be useful for understanding this problem. The purpose of this paper is to describe this social psychological theory's potential contribution to the study of woman abuse in dating relationships.     

Just the Fax: Federal Express meets the information age-Lessons learned in technology transfer

On July 2, 1984, the first ZapMail message was sent from Federal Express chairman Frederick W. Smith to six members of FedEx's corporate board of directors in separate cities across the country (Zemke 1986). It worked. However, by late September 1986, after suffering over $300 million in operating losses, Federal Express decided it didn't (Keller and Wilson 1986). Why? This postmortem of ZapMail draws on management and innovation theory and research, as well as historical accounts of communication technology development and market conditions from 1984 through 1986, to analyze the failure of FedEx's once-promising electronic delivery service. An analysis of the fax market in 1995 and FedEx's subsequent successful adoption of information technologies conclude this paper.     

Exchange Rate Adjustment in Partially Liberalized Economy

This paper develops a model of exchange rate determination in partially liberalized post-socialist economy that operates under soft budget constraints in nontradable sectors. The model captures the factors that determine the evolution of a country's external balance during the initial phase of economic liberalization. Three types of disturbances are the center of analysis: liberalization of trade and foreign exchange regime, devaluation, and price liberalization. We show that the real exchange rate appreciation may either improve or worsen the trade balance depending on the sources of this appreciation. Thus, we argue that the real exchange rate cannot reflect true country's competitiveness unless all sectors are equally exposed to hard budget constraints. The model implications are further analyzed through the empirical evidence on the relationship between the real exchange rate and trade balance in three selected East European countries.     

Multiple stressors,violence in the family of origin,and marital aggression: A longitudinal investigation

The negative perception of stress is significantly associated with marital aggression, as is violence in one's family of origin. However, most individuals experiencing stress do not engage in family violence. The present study tests an aspect of social learning theory, proposing that violence in one's family of origin predisposes one to react to stress by aggressing against one's spouse. Two hundred and seventy five couples completed questionnaires measuring multiple (work and life) stress, and marital aggression 6 and 18 months following their wedding. Information on violence in their family of origin was collected 1 month prior to their wedding. Moderated multiple regressions showed that for women, stress predicted marital aggression 1 year later after controlling for age, education, and initial marital aggression. No effects emerged for violence in the family of origin for either men or women. Conceptual implications for further studying the role of violence in the family of origin and the relationship between multiple Stressors and physical aggression are advanced.     

PEOPLE OR PAPERWORK An Analysis of Influences upon Juvenile Court Personnel

Probation officers and other juvenile court staff complain that paperwork limits the time spent working directly with youth. The alleged effect of paperwork is compared with that of interpersonal influence resulting from time spent talking with youth about their problems. Multiple regression of data from a juvenile court staff indicated that the time spent on paperwork has no independent effect. This group's paperwork complaints are ideological. But interpersonal influences do have considerable impact.     

THE RELEVANCE OF PEACE TO STUDIES OF DRUG MARKET VIOLENCE*

Goldstein's (1985) concept of systemic violence has contributed substantially to criminological thought and research, but its power can be enhanced by connecting it to a broader typology of social life: the resource exchange—social control typology. That typology connects systemic violence logically with two important yet neglected forms of drug market behavior: peaceful resource exchange and peaceful social control. This article, which is based on 50 in‐depth interviews with individuals involved actively or recently in drug selling, describes the various forms of violent and nonviolent resource exchange and social control in illicit drug markets, stating them in quantitative terms that are conceptually distinct and empirically observable. We conclude by discussing 1) the implications of peaceful behavior for a fuller understanding of violence and 2) the relevance of the resource exchange‐social control typology to criminological theory and research.     

China's exchange rate and the balance of trade

This paper examines the responsiveness of the balance of trade of the People's Republic of China to the real exchange rate. We find that, in both the short-run and the long-run, devaluation serves to improve the balance of trade. Using quarterly data for 1980:I to 1989:IV we show that the bulk of the response to devaluation occurs over a one year period, with noJ-curve effect. These results suggest that the two-tier price system and other measures to liberalize the Chinese economy have made the exchange rate an effective indirect tool for regulating trade.     

The triumph of vengeance over retribution: the United States Supreme Court and the death penalty

In this article the author uses a review of Welsh S. White'sThe Death Penalty in the Nineties as a framework for analyzing recent trends in the United States Supreme Court's death penalty jurisprudence. Since 1976 the Supreme Court has upheld the constitutionality of capital punishment at least in part on the notion that the death penalty serves the useful social purpose of retribution. This article, however, contends that it is imperative to distinguish between retribution and vengeance as rationales for criminal punishment. Modern retributive theory calls for punishments to be guided by considerations of proportionality, fairness, and equality. Vengeance-based punishments, on the other hand, are aimed at satisfying the victim's and society's desire for retaliation and are not limited by the retributive principle that punishment must be proportionate to the severity of the crime and the moral blameworthiness of the offender. The article analyzes recent Supreme Court decisions that are not examined inThe Death Penalty in the Nineties-decisions that allow the introduction of victim-impact evidence into capital sentencing proceedings and permit the death penalty to be imposed on 16-year-old offenders, mentally retarded defendants, and those who neither kill nor intend to kill. These decisions, it is argued, demonstrate that the contemporary Court has bestowed judicial approval on vengeance as an acceptable justification for capital punishment.     

RACIAL DISCRIMINATION,RACIAL SOCIALIZATION,AND CRIME OVER TIME: A SOCIAL SCHEMATIC THEORY MODEL

Recent studies evince that interpersonal racial discrimination (IRD) increases the risk of crime among African Americans and familial racial socialization fosters resilience to discrimination's criminogenic effects. Yet, studies have focused on the short‐term effects of IRD and racial socialization largely among adolescents. In this study, we seek to advance knowledge by elucidating how racialized experiences—in interactions and socialization—influence crime for African Americans over time. Elaborating Simons and Burt's (2011) social schematic theory, we trace the effects of childhood IRD and familial racial socialization on adult offending through cognitive and social pathways and their interplay. We test this life‐course SST model using data from the FACHS, a multisite study of Black youth and their families from ages 10 to 25. Consistent with the model, analyses reveal that the criminogenic consequences of childhood IRD are mediated cognitively by a criminogenic knowledge structure and socially through the nature of social relationships in concert with ongoing offending and discrimination experiences. Specifically, by increasing criminogenic cognitive schemas, IRD decreases embeddedness in supportive romantic, educational, and employment relations, which influence social schemas and later crime. Consonant with expectations, the findings also indicate that racial socialization provides enduring resilience by both compensating for and buffering discrimination's criminogenic effects.     

Patterns of influence and response in abusing and nonabusing families

Behaviors of influence and response during a conflict negotiation task were examined in eight physically child abusing, substance abusing families in which the father was the primary abuser and eight demographically matched nonabusing families. Abusing fathers displayed more coercive patterns of influencing behavior and more negative patterns of response to other family members, including both mothers and children. Fewer differences were observed between mothers in the abusing and nonabusing families or in the children's behavior; however, mothers in the abusing families criticized their husbands more and abused children exhibited less agreement and more criticism toward their fathers. In support of Patterson's theory, abusing families exhibited relatively more reciprocated sequences of criticism and relatively fewer reciprocated sequences of agreement as compared to nonabusing families. Findings are discussed in terms of their implications for understanding interaction in child abusing families.     

Gender and general strain theory: A preliminary test of Broidy and Agnew's gender/GST hypotheses

Some scholars argue for sex-specific explanations of criminal behavior, while others opt for more general theories of crime. In this article, we elaborate on recent explorations of gender differences in general strain theory (GST). Using data obtained from self-report interviews of delinquent youths, we implemented measures of strain, negative emotions, and coping resources to examine sex differences in GST-related processes across both interpersonal and property offending. The results offer some support for Broidy and Agnew's gender/general strain hypotheses and, at the same time, offer modifications and extensions for future research on GST.     

For Both Love and Money: Viviana Zelizer's The Purchase of Intimacy

Viviana Zelizer's recent book, The Purchase of Intimacy (2005), presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships—a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer's critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships and then explains her more three‐dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer's approach to transfers of genetic material and concluding that her approach could point toward a more equitable resolution of disputes in and about these markets.     

Changing men who batter: A developmental model for integrated interventions

Kohlberg's theory of moral development is adopted to explain the change process of men who batter their wives and offer a rationale for implementing interventions. The theory presents six successive stages of development. The modality of an intervention, therefore, needs to be suited to the stage specific reasoning processes. Moreover, a sequence of integrated interventions is warranted to promote this change process in batterers, rather than only short-term deterrence or counseling programs.     

Comparative Desert Vs. Fairness

In the recent book The Geometry of Desert, Shelly Kagan explores, with a rare degree of precision, how best to cash out two fundamental and widely shared intuitions. The first intuition says that virtuous people deserve to be doing well, and that less virtuous (or vicious) people deserve to be doing less well – and thus, that it’s good (other things equal) if virtuous people are doing well and if less virtuous (or vicious) people are doing less well (or even badly). The second intuition says that the distribution of the satisfaction of people’s desert claims across persons matters: that it’s good (other things equal) if people’s desert claims are satisfied in accordance with the demands of interpersonal fairness. The former intuition states the basis of what Kagan calls ‘absolute desert’. The latter articulates the basis of what he calls ‘comparative desert’. I advance an internal critique of Kagan’s conception of comparative desert; I argue that it contravenes the demands of interpersonal fairness in the domain of desert, and so fails on its own terms.