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.     

Public attitudes towards the death penalty

Responses to a general question regarding the use of the death penalty were compared with the sentences that respondents chose in a set of scenarios describing homicide cases. The percentage of respondents who assigned the death sentence in one or more of the following scenarios was higher than those who favored the death penalty in the abstract question, but there were inconsistencies in the answers. A majority assigned the death penalty only for the most heinous offender described, and the figures were lower for other crimes, even clear cases of first degree murder. At the same time, a manipulation involving information about methods of execution did not affect answers. These results strongly suggest that the abstract questions typically used in public opinion polls do not accurately reflect the public's feelings about use of the death penalty in specific cases. More generally, research on public opinion regarding criminal justice policies should survey a variety of specific circumstances.     

Organizational Process,Rulemaking Pace,and the Shadow of Judicial Review

Scholars have long understood that structuring internal work processes into more hierarchical or team‐based arrangements has consequences for organizational outputs. Building on this insight, this research examines the relationship between how agencies organize their rulemaking routines and the resulting rules. Tracking the job functions of rule contacts for economically significant rules proposed over a four‐year period, the analysis demonstrates that expanding the breadth of personnel types closely involved in a rulemaking is associated with a reduction in the time it takes to promulgate the rule. However, increasing the pace at which rules are finalized is not without cost, as those completed faster appear more likely to be overturned when challenged in court. The article not only adds another dimension to empirical scholarship studying rulemaking, which has largely focused on how forces originating outside the agency affect rules, but also suggests the importance of considering competing priorities in designing rulemaking processes.     

On the measurement of friend behavior in research on friend influence and selection: Findings from longitudinal studies of adolescent smoking and drinking

The principles that behavior is strongly influenced by the behavior of friends, and that people select each other to be friends on the basis of common characteristics, are based in large part on the many studies of adolescents that found the behavior of friends to be similar. In most of these studies, subjects were asked to describe, the behavior of their friends, and this information was then related to subjects' reports of their own behavior. The research on adolescent smoking and drinking described in this paper departs from that tradition by including friend reports of friend behavior so that results based on the different sources for measuring friend behavior can be compared. Subject report of friend behavior is a stronger correlate, of adolescent behavior than friend report of friend behavior, but the two sources for measuring friend behavior produce the same correlations with subject behavior when using longitudinal designs and controlling for prior subject behavior. The findings are discussed in the context of theoretical and methodological considerations of peer influence and selection.This research was supported by grants from the National Institute on Alcohol Abuse and Alcoholism (AA04099) and the National Institute on Drug Abuse (DA02480) of the U.S. Department of Health and Human Services.Received his Ph.D. from Florida State University. His research interests include adolescent health and evaluation research.Received her M.A. from University of North Carolina at Chapel Hill. Her research interests include methodology and analyses in behavioral sciences and applied social and developmental psychology.     

The Women's Charter: American Communists and the Equal Rights Amendment debate

The American Communist Party (CPUSA) opposed the Equal Rights Amendment (ERA), arguing that it failed to ameliorate class and racial inequality. In 1936 the CPUSA participated in the Women's Charter campaign, an alternative to the ERA crafted to protect labor legislation. This article argues that the Charter campaign and the CPUSA's opposition to the ERA demonstrate class-based visions of equality that amalgamated race and gender into the class struggle and highlights disagreements among women's rights activists about how to define women's equality. These disagreements prevented a unified single-issue women's movement after 1920.