Sex, Property Rights, and Divorce

This paper examines how differences in sex drives between husbands and wives affect bargaining strengths during marriage and particularly at times when divorce might occur. The basic argument follows from the fact that sex drives vary over an individual's life cycle, and are systematically different for men and women. The spouse having the lowest sex drive at any time in the marriage has a property right over whether or not sexual intercourse will occur, with a consequent increase in bargaining power at the margin. The paper derives a number of testable implications from its model, and, using several data sources, shows empirically how this difference affects marriage, adultery and divorce.     

Orientations to juvenile justice: Exploratory notes from a statewide survey of juvenile justice decisionmakers

This study examined the extent to which orientations to juvenile justice held by decisionmakers are related to their functional roles and educational backgrounds. Predictions concerning this question were drawn from both the literature on complex organizations and writings by scholars interpreting and forecasting the future of juvenile justice.The findings indicate that assignment to specific roles in the juvenile justice system is a significant predictor of commitment to either a rehabilitative or a just deserts model of juvenile justice. This effect appears to be modified to some extent by educational backgrounds and professional identifications. The implications of these findings for a continuation of the traditional rehabilitative ideal in juvenile justice are discussed.     

Spousal violence: Police officer attitudes and arrest response

Conclusion On the 15 propositions, three propositions were found to support the general hypothesis. The findings indicate that as police officers showed an increase in attitudes supporting spousal violence the following occurred: (a) “frequent calls for police assistance from the household” became less important to police officers who were deciding to arrest; (b) “Jail overcrowding” became more important to police officers who were deciding not to arrest; and (c) “participant’s first encounter with the police” became more important to police officers who were deciding not to arrest. The other 12 propositions did not support the general hypothesis which suggested that the priority of all extralegal factors would relate to the ABUSE score.     

The Secrets of Successful (and Unsuccessful) Mediators Continued: Studies Two and Three

In a survey of 216 advocates in mediation, the successful mediator's ability to gain the confidence of the parties was cited as important to his or her success more frequently than were any of the skills used by the mediator to bring about agreement. This article discusses the means by which mediators gain the confidence of disputing parties. The article also discusses the different skill and attribute profiles of different successful mediators and the advocates' views of the reasons for mediator failure. The article considers the implications of its findings for mediators, trainers, and advocates, and concludes with suggestions for future research.     

China’s Implementation of the United Nations Convention against Transnational Organized Crime

Seven years since signing and four years into its implementation, how well is China living up to the terms and spirit of the United Nations Convention against Transnational Organized Crime (UNTOC)? This paper reviews China’s compliance with UNTOC’s requirements concerning domestic criminal law and concludes that current P.R.C. law is substantially in conformity with UNTOC, though further legislative action is necessary to achieve full compliance. Looking beyond the law on the books, China continues to be a staunch supporter of international cooperation, as called for by UNTOC. Yet UNTOC has received scant attention in China compared with other multilateral instruments in the criminal justice realm. The timeline of reform begs the question whether UNTOC is responsible for goading China into taking any concrete legislative action. This paper posits that, in the absence of UNTOC, China’s domestic law would look exactly the same today.