Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006

This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror. An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases. As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed. This study was funded by an undergraduate research grant from Penn State University.     

Human cannibalism: a case report

Human cannibal cases are relatively rare in modern civilized societies. We report a single case of familial cannibalism that occurred in Oklahoma in 1977. The investigation posed unique problems in pathology, psychiatry, criminalistics, and serology.     

US Appeals Court reminder: threats of litigation made during TTAB settlement discussions may support jurisdiction for declaratory judgment

The Court of Appeals for the Ninth Circuit held that jurisdictionwas proper in a declaratory judgment action brought to establishtrade mark non-infringement, when the plaintiff had a reasonableapprehension of litigation based on threatening statements madeduring the course of discussions to settle disputes pendingbefore the Trademark Trial and Appeal Board (TTAB) that wereotherwise subject to Federal Rule of Evidence 408, which typicallymakes statements made during settlement inadmissible for establishingliability but not for other purposes.     

Jail suicides by hanging. An epidemiological review and recommendations for prevention

This article reviews 17 cases of jail suicide occurring in Oklahoma in calendar years 1981 through 1983. Significant variables are reviewed, and recommendations for prevention are presented.     

Policy Expansion in Local Government Environmental Policy Making

Relatively little is known about when, why, and how some jurisdictions “double down” on policy priorities, rapidly adopting multiple measures tackling the same issue. Rapid policy expansion can emerge in fast‐evolving, uncertain, and contested policy arenas in which pressures for policy making are not satisfied, and even may be strengthened, by initial policy innovation. This article analyzes local government policy making on high‐volume hydraulic fracturing by New York State municipalities from 2008 to 2012. Policy path dependence, peer influence, and policy design appear to play a critical role in determining whether public officials respond to these pressures with policy expansion. Initial policy innovations can open windows for policy participants to secure additional measures that strengthen or enlarge the scope of action. Public officials and stakeholders seeking particular policy outcomes should take a long view of the policy process while simultaneously remaining alert for opportunities afforded by pressurized policy dilemmas.     

Regulating Autonomy: An Assessment of Policy Language for Highly Automated Vehicles

Self‐driving cars (also known as driverless cars, autonomous vehicles, and highly automated vehicles [HAVs]) will change the regulatory, political, and ethical frameworks surrounding motor vehicles. At the highest levels of automation, HAVs are operated by independent machine agents, making decisions without the direct intervention of humans. The current transportation system assumes human intervention though, including legal and moral responsibilities of human operators. Has the development of these artificial intelligence (AI) and autonomous system (AS) technologies outpaced the ethical and political conversations? This paper examines discussions of HAVs, driver responsibility, and technology failure to highlight the differences between how the policy‐making institutions in the United States (Congress and the Public Administration) and technology and transportation experts are or are not speaking about responsibility in the context of autonomous systems technologies. We report findings from a big data analysis of corpus‐level documents to find that enthusiasm for HAVs has outpaced other discussions of the technology.     

Competitive Loss,Gendered Backlash and Sexism in Politics

Political Behavior - Politics is often seen as a zero-sum game, so understanding how competition affects political behavior is a fruitful, yet underexplored area of study. Reactions to competition...     

A threat-centered theory of policy entrepreneurship

Policy Sciences - We know relatively little about the conditions that encourage people to jump into the political fray as policy entrepreneurs, advocates who devote substantial time, energy, and...