Policy‐Specific Information and Informal Agenda Power

In Gilligan and Krehbiel's models of procedural choice in legislatures, a committee exerts costly effort to acquire private information about an unknown state of the world. Subsequent work on expertise, delegation, and lobbying has largely followed this approach. In contrast, we develop a model of information as policy valence. We use our model to analyze a procedural choice game, focusing on the effect of transferability, i.e., the extent to which information acquired to implement one policy option can be used to implement a different policy option. We find that when information is transferable, as in Gilligan and Krehbiel's models, closed rules can induce committee specialization. However, when information is policy‐specific, open rules are actually superior for inducing specialization. The reason for this surprising result is that a committee lacking formal agenda power has a greater incentive to exercise informal agenda power by exerting costly effort to generate high‐valence legislation.     

Effect of Heat on the Fluorescence Properties of Tooth‐Colored Restorative Materials and Their Forensic Implications

During antemortem and postmortem comparison of dental records of carbonized victims, restorations may be part of such records. The objective of this study was to evaluate the effect of heat on the fluorescence behavior of contemporary tooth‐colored restorative materials and natural tooth structure when subjected to range of temperatures, using illumination with 405 nm wavelength light. A total of 132 human extracted teeth restored with tooth‐colored restorative materials were exposed to heat (200, 500, 900, 1200°C) in an oven for 30 min. Samples were imaged before and after heat treatment. All tooth‐colored restorative materials underwent changes in color and in fluorescence properties, at each of the temperatures used. Resin‐based restorative materials still fluoresced at 200°C, and at 500°C underwent major color changes due to volatilization of resin. Materials containing inorganic fluorophores still fluoresced at 900°C, while at 1200°C, none of the materials tested in this study showed any fluorescence.     

Marr v Collie: The Ballooning of the Common Intention Constructive Trust

The decision in Marr v Collie represents a significant expansion of the common intention constructive trust doctrine. Unsupported by authority, it relaxes the requirement that the property be acquired for a ‘domestic’ purpose, and widens the doctrine to encompass all property, whether real or personal. The decision's abrogation of the ‘purpose’ restriction redraws the line between the common intention constructive trust doctrine and the presumed resulting trust doctrine and expands the former to the greatest possible extent. This exacerbates a doctrine already apt to adversely affect both individual litigants and the justice system as a whole, and which creates incongruous theoretical divisions within the law of intentionally created trusts. As the doctrine is reliant on the proposition, unsupported by authority or legislation, that conveyance of a title to land into joint names necessarily gives rise to a trust, it is hoped that a future apex court will reconsider the doctrine's proper scope.     

Regulation by Blockchain: the Emerging Battle for Supremacy between the Code of Law and Code as Law

This paper critically examines the intersection and interactions between conventional law produced and enforced by national legal systems (ie the ‘code of law’) and the internal rules of blockchain systems, which take the form of executable software code and cryptographic algorithms operating across a distributed computing network (‘code as law’).  In so doing, it seeks to identify whether, and to what extent, ‘regulation by blockchain’ will successfully avoid governance by conventional law.   It identifies three different ways in which the code of law is likely to interact with code as law, based primarily on the intended motives and purposes of those engaged in activities in developing, maintaining or undertaking transactions upon the network.  It argues that these different classes of case are likely to generate different kinds of dynamic interaction between the blockchain code and conventional legal systems, and critically examines the normative foundations of these emerging and anticipated interactions.     

Legislative Constraints on Executive Unilateralism in Separation of Powers Systems

Can legislatures effectively check unilateral executive power? One prominent and counterintuitive finding in previous work is that executives pursue unilateralism less often under divided government. While executives see greater potential policy gains through unilateral action during divided government, we argue that their likelihood of acting unilaterally depends on an opposed legislature's ability to retaliate. When polarization is high and majorities are marginal, executives are freer to act unilaterally given the difficulties legislatures have in statutorily responding. Unilateralism is also more likely when facing opposition if legislatures lack nonstatutory means of punishment, such as regulatory review. In the largest analysis of gubernatorial executive unilateralism to date, we use a new data set of 24,232 executive orders in the 50 American states between 1993 and 2013 to evaluate this argument and find strong support for its predictions. These results provide insights into how legislative policymaking capacity can influence the functioning of separation of powers systems.     

The Greenbook and the Overrepresentation of African American,Hispanic, and Native American Families in the Child Welfare System

Effective Intervention in Domestic Violence & Child Maltreatment Cases: Guidelines for Policy and Practice (the Greenbook) provided a valuable framework for child welfare agencies, domestic violence agencies, and the courts to work together to address the co‐occurrence in families of child maltreatment and domestic violence. It did not specifically address the overrepresentation of families of color in the child welfare system or the disparity of outcomes for these families. Yet the Greenbook’s approach to systems change can be used as a foundation to implement strategies to reduce overrepresentation and to improve safety, permanency, and stability for children and families.     

Why is the Victimization of Young Latino Adults Higher in New Areas of Settlement?

Objectives

We used multilevel data from the National Crime Victimization Survey (NCVS) to identify factors that account for differences in risk of violent victimization among young Latino adults in new and traditional settlement areas.

Methods

Area-identified NCVS data (2008–2012) were linked with census tract data from the decennial census and American Community Survey to study individual and community contributions to the risk of violent victimization. We analyzed total violence and violence specific to offense types and victim-offender relationship. The analyses were performed adjusting for the complex survey design.

Results

Young Latino adults in new settlement areas have higher victimization rates than their counterparts in traditional areas for total violence and for the majority of violence types studied. Holding constant individual and other contextual factors, Latino population density is a key neighborhood characteristic that explains the observed area differences in victimization, yielding evidence for the hypothesis that co-ethnic support in a community helps protect young Latino adults and contributes to differences in victimization across areas. Also there is evidence that the protective role of Latino population density is stronger for violence involving non-strangers than it is for violence involving strangers. Moreover, we find that the concentration of Latino immigrants, which indicates the neighborhood potential for immigrant revitalization, is another neighborhood factor that protects young Latino adults in both new and traditional settlement areas. However, there is some but limited evidence that the neighborhood-revitalizing role of immigration might be smaller in some contexts (such as some new areas outside central cities), possibly because those areas are heterogeneous in their ability to promote the integration of immigrants.

Conclusions

Our analysis of the NCVS shows the importance of neighborhood factors for the risk of violence among young Latino adults. It provides evidence consistent with co-ethnic support and immigrant revitalization theories. The findings also suggest that the effects of those neighborhood factors may be contingent upon violence type and the context in which they occur. These findings help us understand the difference in the safety of young Latino adults in new and traditional areas.

     

Copyright in the blockchain era: Promises and challenges

The paper focuses on various legal-related aspects of the application of blockchain technologies in the copyright sphere. Specifically, it outlines the existing challenges for distribution of copyrighted works in the digital environment, how they can be solved with blockchain, and what associated issues need to be addressed in this regard. It is argued that blockchain can introduce long-awaited transparency in matters of copyright ownership chain; substantially mitigate risks of online piracy by enabling control over digital copy and creating a civilized market for “used” digital content. It also allows to combine the simplicity of application of creative commons/open source type of licenses with revenue streams, and thus facilitate fair compensation of authors by means of cryptocurrency payments and Smart contracts. However, these benefits do not come without a price: many new issues will need to be resolved to enable the potential of blockchain technologies. Among them are: where to store copyrighted content (on blockchain or “off-chain”) and the associated need to adjust the legal status of online intermediaries; how to find a right balance between immutable nature of blockchain records and the necessity to adjust them due to the very nature of copyright law, which assigns ownership based on a set of informal facts, not visible to the public. Blockchain as a kind of time stamping service cannot itself ensure the trustworthiness of facts, which originate “off-chain”. More work needs to be done on the legal side: special provisions aimed at facilitating user's trust in blockchain records and their good faith usage of copyrighted works based on them need to be introduced and transactions with cryptocurrencies have to be legalized as well as the status of Smart contracts and their legal consequences. Finally, the economics of blockchain copyright management systems need to be carefully considered in order to ensure that they will have necessary network effects. If those issues are resolved in a satisfactory way, blockchain has the potential to rewrite how the copyright industry functions and digital content is distributed.     

Social psychological risk factors,delinquency and age of onset

Based on data from the 2014 Communities that Care Youth Survey (CCYS), the authors examine the association between risk factors of tenth graders and age of onset (never, 14 or older, 13 or younger) of three antisocial behaviors/delinquency (got arrested; carried a handgun to school; and attacked someone with the intent of seriously hurting them). Risk factors are under four domains: family, community, school, and peer. The age of onset and risk literature are discussed. The purpose of this research is to examine what risk factors are associated with age of onset. Individual risk factors under the peer domain had the strongest association with all three antisocial behaviors.