Do Plaintiffs in CERCLA § 113 Contribution Actions Need to Prove Consistency with the National Contingency Plan?

This article discusses whether the claimant in a contribution action brought under section 113 of Comprehensive Environmental Response, Compensation, and Liability Act needs to prove that the costs were incurred in a manner that was consistent with the National Contingency Plan (NCP). This article examines the recent case law as well as the Supreme Court decisions that address the relationship between sections 107 and 113 and concludes that although the recent case law suggests that NCP is a requirement, the Supreme Court's analysis of the relationship between sections 107 and 113 in United States v. Atlantic Research Corp. may undermine the basis for that conclusion.     

“The roughest form of social work:” How court officials justify bail decisions

Growing research has analyzed quantitative patterns of bail decisions and outcomes, but we know far less about how court officials justify their bail decisions. To enhance understanding of how bail decisions—and their resulting pretrial outcomes—are generated, we interviewed 104 judges, prosecutors, and public defenders in a northeastern state. Court officials in our study reported three primary justifications at bail: ensuring defendants return to court, preventing crime, and lessening harm. The first two justifications have been suggested in the literature, but the latter is novel and encompasses two secondary justifications: lessening criminal legal system harm and lessening societal harm. We show how these justifications and the decisions they enable blend risk management with rehabilitation and emerge from court officials’ shared assumption of defendants’ social marginality but varied beliefs about what to do about such marginality pretrial. Each justification allows for distinct, but at times overlapping, bail decisions. We discuss the implications of our findings for theories of court official decision-making, research on racial and socioeconomic inequality, and bail reform policy.     

Integrating Public Service Motivation in the Job-Demands-Resources Model: An Empirical Analysis to Explain Employees’ Performance,Absenteeism, and Presenteeism

Public service motivation (PSM) is a focal construct in public management research, and while sound evidence exists that PSM is positively associated with several desired outcomes, knowledge on the underlying mechanisms which explain these associations and on potential negative consequences of PSM remains limited. Addressing these research gaps, this study investigates how PSM relates to relational job resources, work engagement, and outcomes. We thereby account for both direct and moderating effects of PSM and consider positive (employee performance) and negative outcomes (sickness absenteeism and presenteeism). We empirically test our model in the German public sector and find that the PSM dimensions relate differently to the assessed outcomes, providing varying support for our hypotheses. In particular, commitment to public value and compassion seem to drive the positive effect of PSM on employee performance, whereas self-sacrifice and client orientation are linked to reduced absenteeism, and only compassion is associated with increased presenteeism.     

Men’s Partner-Directed Insults and Sexual Coercion in Intimate Relationships

Women who have been sexually coerced by an intimate partner experience many negative health consequences. Recent research has focused on predicting this sexual coercion. In two studies, we investigated the relationship between men’s use of partner-directed insults and sexually coercive behaviors in the context of intimate relationships. Study 1 secured self-reports from 247 men on the Partner-Directed Insults Scale and the Sexual Coercion in Intimate Relationships Scale. Study 2 obtained partner-reports from 378 women on the same measures. Across both studies, results indicate that men’s use of sexually coercive behaviors can be statistically predicted by the frequency and content of the insults that men direct at their intimate partner. Insults derogating a partner’s value as a person and accusing a partner of sexual infidelity were most useful in predicting sexual coercion. The discussion notes limitations of the current research and highlights directions for future research.     

Whole bovine blood use in forensic research: Sample preparation and storage considerations

Mammalian whole blood sources are often used for forensic research and training when human samples cannot be sourced. While porcine, ovine and equine blood have been shown to be viable alternatives to whole human blood for forensic purposes, procurement can still pose a problem, especially for smaller and remote institutions. This work explores the use of whole bovine blood for basic bloodstain simulation. Sample preparation through the addition of ACD-A anticoagulant was optimized and storability was explored. Viscosity, surface tension, density, and packed cell volume, four fluid properties relevant to bloodstain pattern analysis, were monitored over four days and in two temperature conditions. Linear mixed models accounting for variation in the donor demonstrated that these fluid properties of the bovine blood changed predictably over time and with temperature. Whole bovine blood with 12.5% v/v ACD-A was found to be viable for use in basic bloodstain simulation at ambient and physiological temperature.     

Nature Protection and the Introduction into the Environment of Genetically Modified Organisms: Risk Analysis in EC Multilevel Governance

Genetically modified organisms (GMOs) are usually introduced into the environment through experimental releases or extensive cultivation. The risks involved are controlled via both the authorization for deliberate release and the authorization for the placing on the market of a GMO. In these two steps, the core issues of legal protection are public health and the environment. GMO-free agriculture has been introduced as a third – economic – protected good. This has triggered coexistence measures keeping GM and non-GM agriculture separated. Given the fact that much has already been said about risks of GMOs to human health, this article will rather focus on the environmental dimension, and more precisely on aspects of nature protection. It will accordingly explore whether nature is adequately protected through the authorization for the release and the authorization for the market placement of GMOs. While these questions concern regimes aiming at preventing environmental damage, co-existence, if related to natural ecosystems (rather than to the protection of a variety of agriculture), raises the question of whether ecosystems can be considered as protectable goods even if no traditional damage is caused.     

Motivation for Compliance with Environmental Regulations

A combination of calculated, normative, and social motivations as well as awareness of rules and capacity to comply are thought to foster compliance with regulations. Hypotheses about these factors were tested with data concerning Danish farmers' compliance with agro‐environmental regulations. Three key findings emerge: that farmers' awareness of rules plays a critical role; that normative and social motivations are as influential as calculated motivations in enhancing compliance; and that inspectors' enforcement style affects compliance differently from that posited in much of the literature. It was also found that formalism in inspection can be helpful to a point, while coercion by inspectors can backfire. Taken together, these findings counter arguments concerning the harm of legalism and the benefits of flexible enforcement. This study contributes to the understanding of factors that shape compliance with social and environmental regulations. © 2001 by the Association for Public Policy Analysis and Management.