In search of reasonable doubt

A number of different approaches have been used to quantify jurors' use of the decision criterion known as reasonable doubt. The purpose of the present study was to determine which of a select group of these approaches could be utilized to match the actual decisions of individuals role-playing jurors for an assault trial. Simon's (1970) rank-order approach, a self-report approach, an approach derived from Statistical Decision Theory (Fried, Kaplan, & Klein, 1975), and one derived from Justice White's explanation of theJohnson v. Louisiana (1972) decision were each used to estimate values for reasonable doubt. The estimates were then used to recreate the individual decisions, and the recreated decisions were then compared to the actual decisions. The results indicated that every approach accurately matched the actual decisions at a better-than-chance rate, although the rank-order and decision theory approaches were most accurate. The reasonable doubt estimates obtained from each of the approaches were also used to examine the basic assumption underlying the Thomas and Hogue (1976) juror decision model. Only the estimates from the decision theory approach provided consistent support for the assumption. A variety of methods were suggested for more definite determinations of the accuracy of the approaches tested, and the relative merits of the approaches were discussed.     

Leaving the Australian Labor Force: An Extended Encounter with the State

This article seeks to demonstrate the way in which labor market choices are shaped by institutional arrangements devised by the state. Since these arrangements differ markedly from country to country, much that is distinctive about national labor market outcomes is a function of diverse encounters with the state. This argument is illustrated by an account that explains why Australia, a country which apparently devotes little in the way of public resources to the old, manifests an exceptionally high level of early retirement. This account shows that, in contrast to the standard European welfare state strategy of public pensions, the Australian state has over many decades tackled the need for provision for the old by encouraging retirement strategies that are not subsidized directly from the public purse. These strategies include the encouragement of widely dispersed home ownership and occupational pensions. Read broadly, the article suggests that the extremity of contrasts frequently made between the advanced welfare states of Western Europe and the miserable social policy outcomes in the democracies of the New World have been far too extreme. The article experiments with novel presentational techniques designed to focus attention on individual choices and on policy outcomes for the individual rather than policy outputs by governments.     

The contributions of invention management companies to technology transfer

A new type of organization which is explicitly dedicated to technology transfer has emerged in the United States: Companies which manage inventions produced by universities, independent inventors and other creative groups. This paper shows that these “Invention Management Companies” (IMCs) make important and unique contributions to technology transfer on legal issues (e.g., guarding against patent infringements), marketing (e.g., convincing a company to commercialize au invention) and advocating the invention against the organized opposition of established technologies. Given the contributions of IMCs to an emerging system for encouraging innovation (an “Inventive Society”), the paper recommends broadening the role of IMCs as information providers and linking them to incubators and venture capital companies.     

Governing Economic Globalisation: Global Legal Pluralism and European Law

How is globalisation governed? The following article tries to answer this question. Focusing on economic globalisation, it presents the case of the international commodity chain in toys, identifies its various segments or boxes, and then gives examples to illustrate how the chain is governed. The article argues that economic globalisation is governed by the totality of strategically determined, situationally specific, and often episodic conjunctions of a multiplicity of sites throughout the world. These sites include, for example, EU law, United States law, Chinese law, multinational corporation and trade association codes of conduct, international customs conventions, and WTO law. Each of these sites has institutional, normative, and processual characteristics. Though the sites are not isolated from each other, each has its own history, internal dynamics, and distinctive features. Taken together, they represent a new form of global legal pluralism.     

Comparing the Australian and Scandinavian Welfare States

This paper Compares and Contrasts the Australian and Scandinavian welfare states with a view to demonstrating that, whilst the extent of welfare expenditures and the instruments of social policy vary quite markedly in these countria, policy outcomes in terms of levels of inequality and poverty and social protection are much more similar. In the course of this comparison. the paper casts serious doubts on the usefulness of both the prevailing paradigms for evaluating welfare state performance: measures of expenditure effort and measures of welfare decommodification. Instead. it is argued that welfare state performance can only be properly assessed, as Richard Titmuss pointed out many years ago, by evaluating the impact of fiscal and occupational welfare in addition to the extent and character of the explicit expenditures of the state. When we broaden our conception of social policy in this way. Australia appears much less of a welfare state laggard than it is often taken to be and the oft mooted Scandinavian claim to welfare superiority is. perhaps. rather less compelling than is sometimes argued.     

Lesotho

Inter‐party relations are adversarial, a situation compounded by the combination of proportional representation and first‐past‐the‐post systems of electing MPs.