Treatment programmes for adolescents who commit sexual offences: Dropout and recidivism

This paper reviews the state of research into treatment programmes for adolescent sexual offenders, focusing first on treatment dropout, then on recidivism studies. Pre-treatment variables, which may predict dropout from programmes for these adolescents, have hardly been considered, despite obvious financial and ethical implications. In relation to recidivism studies, these have been carried out quite consistently since the mid 1980s, yet, as is discussed, they still suffer from many methodological problems. The authors also note that research into treatment programmes comes almost exclusively from North America. Thus, such research needs replicating with UK samples in order to assure the applicability of any research findings to this population.     

Exemplary Damages in Equity: A Law and Economics Perspective

In Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298, the NewSouth Wales Court of Appeal held that exemplary (or punitive)damages are not available for breach of fiduciary duty or otherequitable obligation. The decision runs counter to authoritiesin Canada, New Zealand and some U.S. states. Punitive (exemplary)damages is a hotly debated topic in the United States and ithas attracted considerable interest among law and economicsscholars, particularly in the tort litigation context. Thisarticle analyzes the Digital Pulse case from a law and economicsperspective. Polinsky and Shavell (among others) argue thatthe function of punitive damages is to achieve optimal deterrencein cases where the probability that the plaintiff will discoverand successfully litigate the defendant’s wrongdoing isless than 1. Given the high costs of monitoring fiduciary behaviour,it might be tempting to conclude that exemplary damages shouldbe routinely awarded for breach of fiduciary obligation. Thearticle explains why this view is wrong. On the other hand,given the availability of gains-based remedies (the accountof profits and the like) for breach of fiduciary obligation,it might be tempting to conclude that exemplary damages arenever justified in fiduciary cases. The article explains whythis view is wrong too. The main conclusions are that: (1) exemplarydamages should be available for breach of fiduciary duty andthe like, but not as a matter of course; and (2) exemplary damageswere probably not warranted in Digital Pulse itself.     

Ideological extremism and electoral design. Multimember versus single member districts

Relying on a formal theoretical model, Gary Cox demonstrates that single member districts induce candidates toward policy positions at their constituency median while multimember districts encourage dispersion. We test this theoretical implication in the context of the Arizona state legislature, in which each legislative district chooses one senator and two representatives in single member and multimember contests respectively. To do so, we generate W-NOMINATE estimates of scores based on roll-call data from the Arizona state legislature that are comparable across chambers (Senate and House). Our results are substantially less supportive of the formal theory than are those of prior studies.