Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals

Students of judicial behavior have increasingly turned to strategic accounts to understand judicial decision making. Scholarship on the Supreme Court and state high courts suggests that the decision to dissent is better understood in light of strategic considerations rather than simply reflecting ideological disagreement. We investigate whether these findings comport with behavior by judges on the U.S. Courts of Appeals. We develop a spatial model of the decision to dissent that incorporates both attitudinal and strategic elements and subject this model to empirical analysis. We find that ideological disagreement between a judge and the majority opinion writer is a more persuasive explanation of the decision to dissent than a strategic account in which a judge conditions a dissent on whether circuit intervention would obtain the judge's preferred outcome. Though we do not discount the existence of other types of strategic behavior on the Courts of Appeals, our research suggests that strategic accounts of dissenting behavior are not generalizable to all courts .     

Commitment to political tolerance: Situational and activity-based differences

Survey research on political tolerance has consistently found situational and activity-based differences in levels of support for the rights of political opposition. The present inquiry is based on three studies that explore these differences. These studies reveal two distinct factors related to situational and activity-based variation in tolerance. First, attitudinal tolerance tends to be less when the activity in question may affect a respondent's loved ones or home community, particularly in situations where there is relatively little consensus on whether an activity should be allowed. Second, attitudinal tolerance is less in situations where greater threat is associated with the consequences of the activity in question.     

Psychiatric Patients’ Comprehension of <Emphasis Type="Italic">Miranda</Emphasis> Rights

Seventy-five psychiatric inpatients were evaluated with respect to their Miranda-related abilities using Grisso’s (1998, Instruments for assessing understanding and appreciation of Miranda rights. Sarasota, FL: Professional Resource Press) instruments and Goldstein’s (2002, Revised instruments for assessing understanding and appreciation of Miranda rights) revision to determine: whether different versions of Miranda warnings translate into differences in understanding; the influence of psychiatric symptoms, diagnostic categories, and IQ upon Miranda comprehension; and the relative performance of persons with psychiatric impairment on Miranda-relevant abilities. Results indicated that although the Miranda language used in Goldstein’s revision generally showed lower grade reading levels and higher reading ease scores than Grisso’s original instruments, this did not translate into improved understanding. In addition, psychiatric symptoms were negatively correlated with Miranda comprehension, even after controlling for IQ. Finally, results revealed that psychiatric patients’ understanding and appreciation was substantially impaired compared to Grisso’s adult validation samples, and was roughly comparable to Grisso’s juvenile validation sample. Implications of these results for policy reform are discussed.

Burden of Neurodegenerative Diseases in a Cohort of Medical Examiner Subjects*

Abstract: Here we report studies of the burden of neurodegenerative neuropathologies in a cohort of Medical Examiner (ME) subjects from the County of Santa Clara (California) to determine if this unique population of decedents manifested evidence of neurodegeneration that might underlie causes of death seen in an ME practice. We found that 13% of the brains from ME cases showed significant tau pathology, including 55% of those 65 years old and older and 63% of those 70 years old and older. The histochemical and immunohistochemical findings were consistent with Alzheimer’s disease (AD) in 7 subjects and frontotemporal lobar degeneration (FTLD) tauopathy type in six cases. There were no cases of Parkinson’s disease, dementia with Lewy Bodies or other neurodegenerative conditions. Our study suggests that decedents >65 years of age in an ME practice are afflicted by common causes of dementia such as AD and FTLD which could contribute wholly or in part to their causes of death.     

Inaction,under-reaction action and incapacity: communication breakdown in Italy’s vaccination governance

This article explores why governments do not respond to public compliance problems in a timely manner with appropriate instruments, and the consequences of their failure to do so. Utilising a case study of Italian vaccination policy, the article considers counterfactuals and the challenges of governing health policy in an age of disinformation. It counterposes two methods of governing vaccination compliance: discipline, which uses public institutions to inculcate the population with favourable attitudes and practices, and modulation, which uses access to public institutions as a form of control. The Italian government ineffectively employed discipline for a number of years. Epistemological and organisational constraints stymied its efforts to tackle a significant childhood vaccination compliance problem. With a loss of control over the information environment, vaccinations were not served well by exogenous crises, the sensationalism of the news cycle and online misinformation. Hampered by austerity, lack of capacity and epistemic shortcomings, the Italian government did not protect the public legitimacy of the vaccination programme. Instead of employing communications to reassure a hesitant population, they focused on systemic and delivery issues, until it was too late to do anything except make vaccinations mandatory (using modulation). The apparent short-term success of this measure in generating population compliance does not foreclose the need for ongoing governance of vaccine confidence through effective discipline. This is evident for the COVID-19 vaccination campaign, with many Italians still indicating that they would not accept a vaccine despite the devastation that the disease has wrought throughout their country.

     

The Density of State Interest-Communities: Do Regional Variables Matter?

To better understand state interest-group politics, this studycompares two approaches to understanding the density of theirinterest communities. The first approach—Gray and Lowery'senergy, stability, area model of density—emphasizes asmall set of political and economic variables operative withineach state in accounting for density. The second, of which thereare several examples, emphasizes a regional level of analysis.The two approaches are evaluated as both independent and complementaryaccounts of state interest-community density using 1990 statelobby-registration data. Although some evidence of modest underspecificationin the Gray and Lowery model is found, regional or spatiallybased variables only have a small impact on the density of stateinterest-communities.