THE DOCTRINE OF STRICT LIABILITY: AN ALTERNATIVE APPROACH TO CONSUMER PROTECTION REGULATION

Using a legal system of strict liability allowing contributory negligence as a valid defense provides an alternative to consumer protection regulation. In addition, the strict liability system allows rapid and responsive compensation to injured individuals. Corporate uncertainty as to future costs and business environment are substantially reduced, thus allowing firms to make accurate and rational long-term, strategic plans. This paper presents the basic functional constructs required for developing a viable regulatory framework using strict liability and then looks at an example where it could be employed. The scenario deals with an environmental pollution and protection problem. In the example, a strict liability system allowing for a defense of contributory negligence is shown to be conceptually more efficient and desirable than the existing regulatory system and negligence liability procedures.     

The Complexity of Tolerance and Intolerance Judgments: A Response to Gibson

In a recent paper, we posited that tolerance and intolerance judgments are characterized by two forms of variance. First, the distinction between tolerance and intolerance is dichotomous in that individuals are or are not willing to extend the full rights of citizenship to all others without exception. Second, among those not so willing, variance exists in the breadth and depth of their intolerance. James Gibson challenges our view, arguing that we have advanced a fundamental shift in how tolerance is conceptualized, and that this shift is not warranted empirically because very few Americans are tolerant under our definition. In this response, we first outline the rationale for why our view does not constitute a significant shift in the conceptualization of tolerance, but rather is merely an effort to pull the empirical treatment of tolerance into alignment with the concept’s common definition. Second, we explain that Gibson’s finding that few Americans are tolerant gains noteworthy meaning and significance from the view of tolerance we present. Lastly, we demonstrate that new insight on the antecedents of tolerance and intolerance emerges when analyses attend to the two-part structure of tolerance judgments highlighted in our research.     

Anthropological measurement of lower limb and foot bones using multi-detector computed tomography

Anthropological examination of defleshed bones is the gold standard for osteological measurement in forensic practice. However, multi-detector computed tomography (MDCT) offers the opportunity of three-dimensional imaging of skeletal elements, allowing measurement of bones in any plane without defleshing. We present our experiences of the examination of 15 human lower limbs in different states of decomposition using MDCT. We present our method of imaging and radiological measurement of the bones including sex assessment. The radiological measurements were undertaken by three professional groups--anthropology, radiology, and forensic pathology--both at the site of scanning and at a remote site. The results were compared to anthropological oestological assessment of the defleshed bones. We discuss the limitations of this technique and the potential applications of our observations. We introduce the concept of remote radiological anthropological measurement of bones, so-called tele-anthro-radiology and the role that this could play in providing the facility for standardization of protocols, international peer review and quality assurance schemes.     

Disproportional Imprisonment of Black and Hispanic Males: Sentencing Discretion,Processing Outcomes,and Policy Structures

Disproportional incarceration of black and Hispanic men has been the subject of much critical commentary and empirical inquiry. Such disproportionality may be due to greater involvement of minority men in serious crime, to discretionary decisions by local justice officials, or to the differential impact of sentencing policies, such as mandatory minimums or sentencing guidelines, that differentially impact minority men. This study investigated the extent to which the disproportional punishment of black and Hispanic men, and local variation in such disproportionality, can be attributed to unexplained disparities in local sentencing decisions, as opposed to the extent to which such differences are mediated by sentencing policies, or case-processing and extralegal factors. We use 2005–2009 federal court and Pennsylvania state court data. Our findings suggest, particularly in Federal courts, that most disproportionality is determined by processes prior to sentencing, especially sentencing policies that differentially impact minority males.     

Public opinion and heuristic processing of source cues

If the American citizen is capable of constructing reliable political judgments without engaging in extensive cognitive deliberation, then criticism that public opinion is largely vacuous in character may overstate the implications of a politically inattentive citizenry. Heuristic processing, reliance on simple rules of judgment, provides a cognitive mechanism that may enable citizens to advance informed yet efficient issue appraisals. More specifically, application of heuristic processing to source cues—references to prominent political leaders—can allow individuals to extend evaluations of those leaders to the policies and issues with which they are associated. In this paper, discussion of heuristic principles of judgment facilitates specification of the expected relationship between source cues and two component processes of individual-level public opinion: opinion holding and opinion direction. Separate quasi-experimental analyses yield evidence consistently supportive of the heuristic perspective.