The Common Law and the Forms of Reasoning

The purpose of this article is to examine how various forms of reasoning both can and should be used to decide cases in the common law tradition. I start by separating positive questions about what the law is from normative questions about what the law ought to be. Next, I present a Peircean account of three main forms of reasoning – deduction, induction and abduction – and examine how they can be used by judges to decide cases in the common law. Finally, I argue that the three forms of reasoning can be used to answer both kinds of questions, but in different ways. All three forms of reasoning can be used to answer questions of positive law, while questions of normative law present a special case that may require the use of aesthetic judgments of taste in the formation of a legal hypothesis.     

Low-level Radioactive Waste Compacts: Lessons Learned from Theory and Practice

The interstate compact as a policy tool has a long history ofuse in the United States. Yet some observers feel that interstatecompacts have never lived up to their potential. Nevertheless,in 1980, the compact was chosen as the policy instrument tosolve one of the thorniest environmental policy issues of thedecade: the siting of low-level radioactive waste (LLRW) disposalfacilities. Drawing from research on interstate compacts andon alliance theory developed in international relations, thisarticle applies five key questions to the case of LLRW: Whydo states join compacts? Which compacts will they join? Howstable are the compacts? How important are outside factors?What types of situations are compacts most suited to address?It concludes with lessons that should be useful to future policymakersabout the use of interstate compacts to solve salient, nationwidepolicy problems.     

Adolescence terminable and interminable: When does adolescence end?

The question of when adolescence ends and young adulthood begins is considered. Throughout, it is addressed in terms of the theory of broad and narrow socialization, which emphasizes the cultural context of development. The question is approached from cognitive, emotional, and behavioral perspectives, then from the perspective of role transitions (such as marriage and parenthood). The idea of an extended path from adolescence to adulthood is discussed, and the concept of emerging adulthood is presented. It is suggested that in most non-Western cultures the entrance to adulthood is socially defined and marked by a social event, usually marriage. In the contemporary West, however, where there is a strong emphasis on independence and individualism, the entrance to adulthood is defined and marked individually. Consequently, it is likely to be based on the achievement of residential and financial independence as well as on the attainment of cognitive self-sufficiency, emotional self-reliance, and behavioral self-control. Thus in the contemporary West the passage from adolescence to young adulthood is a process that is gradual and may take many years.This research was funded partly by an institutional training grant from the National Institute of Mental Health 5T32 MH14668-14, for the Clinical Research Training Program in Adolescence, jointly sponsored by the Department of Psychiatry at Northwestern University and the Committee on Human Development at the University of Chicago.Received Ph.D. from University of Virginia, Research interests include adolescent reckless behavior, adolescents' uses of media, and the transition to adulthood.Research interests include the transition to adulthood and development in young adulthood.     

Heterogenous demand for public goods: Behavior in the voluntary contributions mechanism

Numerous laboratory experiments have investigated the performance of several processes for providing public goods through voluntary contributions. This research has been able to identify features of the institution or environment which are reliably likely to produce outcomes “close” to the free riding outcome or “substantially” greater than the pessimistic prediction of standard models. One such feature is the “marginal per-capita return” (MPCR) from the public good. Various authors have altered MPCR between groups or for an entire group at the same time. The experiments reported here address a different question, “What would happen if, within a group, some persons faced a ‘high’ MPCR while others faced a ‘low’ MPCR?”     

Budgeting Rights: The Case of Jail Litigation

Judicial decisions are one element in the erosion of local government budgetary discretion. For example, litigation concerning constitutional rights forces local government officials to allocate resources toward the rights-based population. While rights-based allocation decisions may narrow the budgetary discretion of public officials, some managers may, paradoxically, be "better-off"—defined as the ability to protect and defend their budgets — when discretion is reduced. This thesis is tested through a case study of jail overcrowding litigation in a county government.     

Public Opinion and Federalism, 1986

At a time when Americans are assessing their Constitution, thequestion of how the public views the federal system is important.This article examines questions relating to federalism and intergovernmentalrelations from public opinion polls in an effort to understandpublic attitudes. Different polling organizations asked differentquestions at different times, producing conflicting and oftenincomplete data. Nevertheless, the evidence indicates that Americansrecognize the intergovernmental nature of their system and believethat all their governments should share in the provision andfinancing of public programs and policies. Moreover, they wereselective in their choice of which government should bear theprincipal responsibility for certain functions. Although theywanted a more vigorous federal government and believed thatit gave them more for the dollar, Americans expressed strongsupport for the states. Their attitudes evidence support forthe federal arrangement, a preference for shared authority,and a climate conducive to cooperation.     

Validation of a 16-locus fluorescent multiplex system

STR multiplexes have been indispensable for the efficient genotyping of forensic samples. The PowerPlex 16 System contains the coreCODIS loci, D3S1358, D5S818, D7S820, D8S1179, D13S317, D16S539, D18S51, D21S11, CSF1PO, FGA, THOI, TPOX, vWA, the sex determinant locus, amelogenin, and two pentanucleotide STR loci, Penta D and Penta E. This multiplex satisfies the locus requirements for most national databases and is the most efficient currently available system due to its single PCR amplification. To provide the groundwork for judicial acceptance, including the publication of primer sequences, and to evaluate laboratory-to-laboratory variation, a developmental validation for casework on this commercially available system was performed in 24 laboratories and produced the following conclusions. Amplification was reliable on a variety of thermal cyclers and product could be analyzed on either an ABI PRISM 310 Genetic Analyzer or an ABI PRISM 377 DNA Sequencer. Genotyping using single source samples was consistent between 0.25 and 2 ng of input DNA template with a few laboratories obtaining complete genotypes at 0.0625 ng. However, heterozygote allele imbalance (<60% peak height balance) caused by stochastic effects was observed at a rate of 13% with 0.125 ng DNA and 22% at 0.0625 ng DNA. Mixture analyses were done using a total of 1 ng of DNA template. Most alleles were detected in mixtures of 4 to 1 and some minor alleles were detected in mixtures of 19 to 1. Optimum amplification cycle number was dependent on the sensitivity of the detection instrument used and could also be adjusted to accommodate larger amounts of DNA on solid supports such as FTA paper. Reaction conditions including volume, annealing temperature, and concentrations of primer, AmpliTaq Gold, and magnesium were shown to be optimal yet robust enough to withstand moderate variations without affecting genotype analysis. Environmental, matrix and standard source analyses revealed an ability to obtain complete genotypes in all sample types except those exposed to 80 degrees C for 12-48 days. Finally, comparison of genotype results from the PowerPlex 16 System with other commercially available systems on non-probative reference and forensic samples showed consistent results.     

Surface sterilization of a maggot using bleach does not interfere with mitochondrial DNA analysis of crop contents

Mitochondrial DNA analysis of a maggot crop can identify the corpse a maggot has been feeding on. Analysis of the crop could be useful in a criminal investigation if maggots are found at a suspected crime scene in the absence of a body, or if there is a question of whether a maggot used in postmortem interval estimations moved onto the corpse from another food source. Such analysis can also resolve a chain of custody dispute if it has been suggested that larval samples have been switched. When recovering DNA from a maggot crop, the analyst must be careful to avoid external contamination. We investigated the effects of three simple wash methods developed to reduce external contamination. Maggots raised on pig liver and intentionally contaminated with cow blood were washed using water, 20% bleach, or a solution containing the enzyme DNase. Only washing the maggots in 20% bleach reduced the amount of vertebrate DNA amplified from the maggots' exteriors. No wash method affected the ability to recover DNA from the maggot crops.