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The article traces the way admissibility jurisprudence following Daubert has come to emphasize the importance of strict judicial gatekeeping; making it more difficult for plaintiffs to succeed in tort and product liability litigation. This exclusionary ethos appears to have been shaped by a range of values and interests which appear closely aligned to the perspectives promoted by corporate-sponsored proponents of tort and evidence reform. The effects of the exclusionary ethos are explored through an example of judicial gatekeeping in recent mobile telephone litigation and a review of judicial surveys of post- Daubert attitudes toward expert evidence. The role of corporate-sponsored amicus briefs in the influential Supreme Court Kumho Tire Co. Ltd. v Carmichael appeal, extra-legal mobilization by conservative think tanks in litigation around electric and magnetic fields (EMF), and a qualitative citation analysis of federal court judgments, are then used in a preliminary attempt to trace the influence of corporate lobbying and social problem rhetorics on judicial attitudes and practice. 相似文献
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Evaluating expert judgments 总被引:1,自引:0,他引:1
Abstract. Although expert surveys have gained a prominent place in comparative studies of party positions on issues, their validity has been called into question. In this article, some of the validity concerns are evaluated in the context of the authors' own expert survey on national party positions vis-à-vis European integration. One goal of the article is to demonstrate that this expert survey produces valid measures of party positions. An equally important goal, however, is to suggest some methods that can help in assessing the quality of expert survey data. These methods, which are rooted in psychometric theory, are applicable in a variety of contexts and are easily implemented. 相似文献
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The case for legal restrictions on gun ownership and use as a strategy for reducing criminal violence relies on factual assumptions about the nature of gun ownership and violent behavior. Five of the most crucial ones are identified and subjected to a comparison with the available empirical evidence. All of the following assumptions were found to be substantially at variance with the evidence: (1) Guns are five times deadlier than the weapons most likely to be substituted for them in assaults in which guns are not available. (2) The sight of a gun can elicit aggression, due to the learned association between guns and violence. (3) If guns are made more expensive, more difficult to obtain, or legally risky to own, people will do without them. (4) Guns are useless for self-defense or protection of one's family, home, or business, and have no deterrent effect on criminals. (5) Homicides are largely "crimes of passion" committed by otherwise law-abiding citizens not distinguishable from other people. Therefore, control must be directed at all gun owners rather than select criminal subgroups. 相似文献
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This paper explores a much neglected issue in delinquency research—the relationship between sexual status and self-reported delinquent action. Utilizing questionnaire data from a large sample of black and white adolescents, females were found to report less delinquent activity than males. However, sexual status explained very little variance in delinquent action and when controls for “intervening” sociological variables were implemented the impact of sexual status ws reduced even more. When introduced in a multivariate analysis together with measures of an adolescent's relationships with conventional and unconventional persons, values and institutions sexual status explained between 0.5% and 2% of the variance in delinquency within the two racial categories. Nevertheless, a small statistically significant relationship persisted and can be given a variety of sociological and nonspciological interpretations. 相似文献
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So‐called servant leaders strive selflessly and altruistically to assist others before themselves, work to develop their followers' greatest potential, and seek to benefit the wider community. This article examines the trust‐based mechanisms by which servant leadership influences organizational commitment in the Chinese public sector, using data from a survey of civil servants. Quantitative analysis shows that servant leadership strongly influences affective and normative commitment, while having no impact on continuance commitment. Furthermore, we find that affective trust rather than cognitive trust is the mechanism by which servant leadership induces higher levels of commitment. Our findings suggest that in a time of decreasing confidence levels in public leaders, servant leadership behaviour may be used to re‐establish trust and create legitimacy for the Chinese civil service. 相似文献