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排序方式: 共有176条查询结果,搜索用时 31 毫秒
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BRIAN F. SCHAFFNER WENDY J. SCHILLER PATRICK J. SELLERS 《Legislative Studies Quarterly》2003,28(2):203-223
This paper focuses on U.S. senators and their home‐state approval ratings from 1981 to 1997. We examine these ratings to assess the relative impacts of tactical factors, such as the senators' bill sponsorship and media activity, and contextual influences, such as economic performance, state population size, and the evaluations and behavior of other elected officials. We find that the senators' own tactical behavior affects the approval ratings, but a stronger influence is the context in which the senators operate. 相似文献
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BRIAN DONOHUE 《Ratio juris》2007,20(2):196-212
Abstract. On Liberty was written to influence the future of democratic government. To that end Mill employed rhetoric, particularly through the use of personifications, to persuade the mid‐nineteenth century British electorate to embrace the cause of civil liberty. His more subtle argumentation was directed to the intelligentsia (both his contemporaries and subsequent generations). Mill's harm principle, perhaps the most influential idea in On Liberty, undergoes a significant qualification in the scope of its application in the last chapter because of the dual argumentative strategy. This has been overlooked by Mill's American interpreters who use the harm principle to justify the judicial activism of the American Supreme Court. Further, the judicial restraint of recent Supreme Court of Canada decisions can be reaffirmed through a scrutiny of Mill's rhetorical agenda. 相似文献
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The popular press frequently reports exorbitant money damage awards by juries. These stories cause paroxysms in the business community because juries are viewed as favoring plaintiffs over corporations. A growing body of literature has examined aspects of this complex issue, but within a limited framework. Prior studies, which are based on data from the early 1980s or before, tend to focus on federal court cases, primarily product liability and medical malpractice torts, only jury verdicts, and single jurisdictions when state courts are included. The objective of this article is to contribute to the literature by examining all tort cases reaching either a bench or a jury trial verdict during a sample period in 1989 in twenty-seven general jurisdiction trial courts. Research is organized around three basic questions. What do torts look like? Do particular types of plaintiffs/defendants gain a higher percent of favorable verdicts? When plaintiffs are awarded money damages, what is the importance of litigant status, while controlling for other factors, in influencing the size of the awards? The article begins by describing the landscape of torts - the typical configurations of the contending litigants, the composition of torts by area of law, the types of trials, verdict patterns, and the average size of awards. Basic contours of the landscape reflect the elemental facts that individuals generally are plaintiffs in these cases and the opposite tendency of corporations, insurance companies, and governments to appear as defendants. Next a model is outlined and tested to determine how strongly different possible determinants shape the size of tort awards in the twenty-seven state trial courts. Does the size of the award depend on the configuration of the parties after taking into account the type of tort, the type of trial, the length of disposition time, and the state in which the court is located? The results indicate that the group of variables representing the various pairing of litigants accounts for most of the explained variation in award size. These findings support the notion that the status of the litigants is an important factor in influencing awards. Because the variables representing some of the individual states are also significant, the evidence also suggests no single, uniform pattern applies across all the courts. Instead, the state context shapes the basic parameters of plaintiff and defendant success. 相似文献
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BRIAN D. JOHNSON 《犯罪学》2003,41(2):449-490
Recent analyses of guideline sentencing practices have demonstrated that sentences departing from guidelines serve as a significant locus of racial/ethnic and other extralegal disparity. Little is known, however, about the ways that different courtroom processes, such as modes of conviction, condition these effects. Using recent data from the Pennsylvania Commission on Sentencing (PCS), I analyze the overall effects of race/ethnicity and other factors on judicial decisions to depart from the sentencing guidelines, and then I reexamine these relationships according to four modes of conviction (non‐negotiated pleas, negotiated pleas, bench trials, and jury trials). I argue that the mode of conviction provides a useful indicator of the differential exercise of discretion by different courtroom actors in the sentencing process. As such, it is likely to condition the use of stereotypical patterned responses, thus moderating the effects of race/ethnicity and other relevant sentencing factors. Findings support this expectation, demonstrating that extralegal effects vary considerably across modes of conviction. These results raise important questions about the role of different courtroom actors in contributing to racial and ethnic disparities under sentencing guidelines. 相似文献
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A variety of characteristics of the defendant, the case, and the court potentially could affect judicial sentences. Building on a recently published method for scaling the seriousness of the crimes and the severity of sentences, this paper describes procedures for investigating factors affecting sentence severity. An empirical example illustrates the procedures, as well as the problems of interpretation and analysis that arise in statistical studies of sentencing. 相似文献
100.
SCOTT W. DESPOSATO MATTHEW C. KEARNEY BRIAN F. CRISP 《Legislative Studies Quarterly》2011,36(4):531-565
Ideal point estimates based on roll‐call vote results have provided leverage for a variety of theory testing efforts. Recently, scholars have suggested using cosponsorship data as a proxy for roll‐call votes. Conceptually similar to roll‐call votes, cosponsorship data are appealing for a variety of reasons. However, the data‐generating process for cosponsorship is untheorized and little studied. We examine the properties of ideal point estimates from cosponsorship data. We find that the ability to estimate ideal points from cosponsorship data is contingent on the underlying data‐generating process; reliance on such measures requires strong and often unrealistic assumptions. 相似文献