The Public Cost of Unilateral Action

Scholarship on democratic responsiveness focuses on whether political outcomes reflect public opinion but overlooks attitudes toward how power is used to achieve those policies. We argue that public attitudes toward unilateral action lead to negative evaluations of presidents who exercise unilateral powers and policies achieved through their use. Evidence from two studies supports our argument. In three nationally representative survey experiments conducted across a range of policy domains, we find that the public reacts negatively when policies are achieved through unilateral powers instead of through legislation passed by Congress. We further show these costs are greatest among respondents who support the president's policy goals. In an observational study, we show that attitudes toward unilateral action in the abstract affect how respondents evaluate policies achieved through unilateral action by presidents from Lincoln to Obama. Our results suggest that public opinion may constrain presidents' use of unilateral powers.     

Adorno,Freedom and Criminal Law: The ‘Determinist Challenge’ Revitalised

This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces in such a way that they cannot be said to have acted freely. Yet as traditionally presented it was possible for its opponents to interpret this challenge as an incompatibilist position within the traditional free will/determinism debate, and to present compatibilist arguments against it—in particular, that the determinist challenge is unmotivated and has implausible implications. It is argued that these compatibilist objections hold only on a certain interpretation of the determinist challenge, but that this interpretation is not the only one available. Adorno’s distinctive position on freedom and determinism is presented as an alternative version of the challenge, which cannot be assimilated to the terms of the traditional compatibilist/incompatibilist disputes. This novel, ‘metacritical’ version of the determinist challenge is essentially a social–historical, not metaphysical, thesis about the moral significance of the freedom-undermining effects of modern social forms. As such, it is argued, it is invulnerable to the usual compatibilist objections, and presents a serious challenge to our criminal legal institutions.     

The Influence of New Technologies on the Visual Attention of CSIs Performing a Crime Scene Investigation

Currently, a series of promising new tools are under development that will enable crime scene investigators (CSIs) to analyze traces in situ during the crime scene investigation or enable them to detect blood and provide information on the age of blood. An experiment is conducted with thirty CSIs investigating a violent robbery at a mock crime scene to study the influence of such technologies on the perception and interpretation of traces during the first phase of the investigation. Results show that in their search for traces, CSIs are not directed by the availability of technologies, which is a reassuring finding. Qualitative findings suggest that CSIs are generally more focused on analyzing perpetrator traces than on reconstructing the event. A focus on perpetrator traces might become a risk when other crime‐related traces are overlooked, and when analyzed traces are in fact not crime‐related and in consequence lead to the identification of innocent suspects.     

Preference for the Diversity Policy Label Versus the Affirmative Action Policy Label

Study 1 assessed associations with the labels “diversity policy” (DP) and “affirmative action policy” (AAP) and perceptions of potential policy components. Student and community participants (N = 143) completed a survey assessing associations with one of the policy labels. Both policies evoked similar associations such as “race/minorities” and “equality/equal opportunity,” but the AAP was more often associated with “bias/inequality/discrimination,” “unfairness,” and “racism/prejudice.” When rating potential policy components, reverse discrimination was considered more likely under the AAP. In Study 2 we explored the evaluation of equivalent policy components associated with different policy labels. Student participants (N = 126) rated the policy labeled as the DP more favorably than the AAP. Both studies suggest more favorable attitudes toward the DP label.     

Review of analytical methods for screening and quantification of fentanyl analogs and novel synthetic opioids in biological specimens

Fentanyl, fentanyl analogs, and other novel synthetic opioids (NSO), including nitazene analogs, prevail in forensic toxicology casework. Analytical methods for identifying these drugs in biological specimens need to be robust, sensitive, and specific. Isomers, new analogs, and slight differences in structural modifications necessitate the use of high-resolution mass spectrometry (HRMS), especially as a non-targeted screening method designed to detect newly emerging drugs. Traditional forensic toxicology workflows, such as immunoassay and gas chromatography mass spectrometry (GC–MS), are generally not sensitive enough for detection of NSOs due to observed low (sub-μg/L) concentrations. For this review, the authors tabulated, reviewed, and summarized analytical methods from 2010–2022 for screening and quantification of fentanyl analogs and other NSOs in biological specimens using a variety of different instruments and sample preparation approaches. Limits of detection or quantification for 105 methods were included and compared to published standards and guidelines for suggested scope and sensitivity in forensic toxicology casework. Methods were summarized by instrument for screening and quantitative methods for fentanyl analogs and for nitazenes and other NSO. Toxicological testing for fentanyl analogs and NSOs is increasingly and most commonly being conducted using a variety of liquid chromatography mass spectrometry (LC–MS)-based techniques. Most of the recent analytical methods reviewed exhibited limits of detection well below 1 μg/L to detect low concentrations of increasingly potent drugs. In addition, it was observed that most newly developed methods are now using smaller sample volumes which is achievable due to the sensitivity increase gained by new technology and new instrumentation.     

Weak Power Bargaining with China: Mongolia and North Korea in comparative perspective

This article examines Mongolia's and North Korea's bargaining with the People's Republic of China to provide insight into Northeast Asian regional dynamics and weak state bargaining behavior. The article demonstrates how both Mongolia and North Korea (which it demonstrates are weak states) employ a variety of tactics within the categories of capitulation, neutrality and confrontation when managing their respective relations with China. The article also argues the applica`bility of the two case studies to a better understanding of the diplomatic challenges China faces as it continues its development and to China's relations with the various weak states on its periphery.