Do Elections Always Motivate Incumbents? Learning vs. Re-Election Concerns

This paper studies a principal-agent model of the relationship between office-holder and an electorate, where everyone is initially uninformed about the office-holder’s ability. If office-holder effort and ability interact in the determination of performance in office, then an office-holder has an incentive to learn, i.e., raise effort so that performance becomes a more accurate signal of her ability. Elections reduce the learning effect, and the reduction in this effect may more than offset the positive “re-election concerns” effect of elections on effort, implying higher effort with appointment. When this occurs, appointment of officials may welfare-dominate elections.     

The introduction of an appeals court in Dutch tax litigation

As of January 1, 2005, a court of appeal has been introduced in Dutch tax litigation. Before that date, the substantive merits of a tax dispute could only be heard in one instance. In this paper we investigate which consequences the introduction of the appeals court may have for the way tax payers and the tax administration solve their disputes. We focus on the following questions. Are more or less tax payers willing to go to court to solve the dispute? Is it more or less difficult for parties to agree upon a settlement? Which appeal rate can we expect? What is the role of society's confidence in the courts in the answers to the questions above?     

解读法国早期机能主义心理学

法国早期的心理学受德国的影响相对较小，主要是从本国的心理病理学或变态心理学入手，以机能心理学为取向，从而成为广义的欧洲机能主义心理学的一部分。当时的三位主要机能心理学家里博、沙可和比纳，都以研究心理疾病和病态行为而闻名。法国早期机能主义心理学既取得了一定的理论成就，也存在一些思想属限，同时也在世界心理学史上产生了重要影响。     

日本中小企业全球化经营的新趋势及其对我国的启示

中小企业在日本经济发展过程中一直扮演重要的角色。进入20世纪90年代以后,随着经济全球化和信息全球化趋势的日益加强,日本中小企业对外直接投资模式出现了新的发展变化,其在投资规模、投资地区结构、投资方式以及信息技术利用等方面都呈现出新的特征。研究日本中小企业全球化经营新特点和发展趋势,对我国中小企业如何开展对外投资具有重要的启示。     

Social information processing, subtypes of violence, and a progressive construction of culpability and punishment in juvenile justice

Consistent with core principles of liberal theories of punishment (including humane treatment of offenders, respecting offender rights, parsimony, penal proportionality, and rehabilitation), progressive frameworks have sought to expand doctrines of mitigation and excuse in order to reduce culpability and punishment. With respect to juvenile justice, scholars have proposed that doctrinal mitigation be broadened, and that adolescents, due to aspects of developmental immaturity (such as decision-making capacity), be punished less severely than adults who commit the same crimes. One model of adolescent antisocial behavior that may be useful to a progressive theory of punishment in juvenile justice distinguishes between instrumental violence, by which the actor behaves thoughtfully and calmly to achieve personal gain, and reactive violence, which is characterized as impulsive, emotional retaliation toward a perceived threat or injustice. In particular, social cognitive differences between instrumental and reactive violence have implications for responsibility, length and structure of incarceration, rehabilitation, and other issues that are central to a progressive theory of juvenile culpability and punishment.     

Unusual suicides with band saws: Two case reports and a literature review

Suicides or suicide attempts with power saws (band, circular or chain saws) are rather rare events and only a few case reports exist in the forensic literature. The use of a band saw, in particular, has been extremely rare in cases of suicide.We report two cases of suicide that occurred in the same suburban area, three years apart. In each case, the victim was a carpenter and had a history of psychiatric disorder and/or of prior suicide attempts.We summarize the findings of the death scene investigations, the pertinent autopsy findings, and also summarize the world literature pertaining to suicide committed with power saws.     

Stubs Versus Swabs? A Comparison of Gunshot Residue Collection Techniques

Abstract: The collection efficiency of two widely used gunshot residue (GSR) collection techniques—carbon‐coated adhesive stubs and alcohol swabs—has been compared by counting the number of characteristic GSR particles collected from the firing hand of a shooter after firing one round. Samples were analyzed with both scanning electron microscopy and energy dispersive X‐rays by an experienced GSR analyst, and the number of particles on each sample containing Pb, Ba, and Sb counted. The adhesive stubs showed a greater collection efficiency as all 24 samples gave positive results for GSR particles whereas the swabs gave only positive results for half of the 24 samples. Results showed a statistically significant collection efficiency for the stub collection method and likely reasons for this are considered.     

The importance of teaching dispute resolution in a twenty-first-century law school

Civil justice reviews over the past 20 years have encouraged the use of alternative dispute resolution (ADR) and particularly mediation. Mediation is arguably now becoming more mainstream in terms of dispute resolution process choice. In some instances law changes have been introduced requiring parties in dispute to consider using mediation; similarly, lawyers have an ethical responsibility to provide advice to their clients about the range of dispute resolution processes available. What is lacking however is a corresponding appreciation of the changing attitudes to the teaching of dispute resolution in the majority of UK law schools, where the promotion of adversarialism within the curriculum appears to remain the focus as the primary and only method of dispute resolution. The article argues that this is unreflective of current attitudes and thinking towards dispute resolution in most common law countries, where litigation is no longer necessarily the primary dispute resolution process of choice. Whilst there was token appreciation of the importance of mediation advocacy and its inclusion recommended within the Bar Practice Training Course (BPTC), the recent Legal Education and Training Review was silent on any suggestions about the inclusion of dispute resolution based curriculum content at any stage of legal education in England and Wales. The article will explore the historical development of lawyers’ attitudes to dispute resolution within the civil justice arena and academics’ teaching of curriculum associated with it in UK law schools. The article will pose questions on why recent legal history suggests that law schools should now perhaps take a more socio-legal approach to their curriculum content and embrace the teaching of dispute resolution as a defined subject area for the twenty-first-century law school.     

Pondering personal privacy: a pragmatic approach to the Fourth Amendment protection of privacy in the information age

As technology with surveillance capacities has advanced, the debate over the rights of the citizenry to be free from governmental breaches of personal privacy has intensified. Within the United States, government actions legally challenged as intrusions into personal privacy have been analyzed under the Fourth Amendment, but Supreme Court rulings in such cases lack a clear and consistent rationale. Additionally, while more than a dozen federal privacy statutes have been enacted, each piece of legislation pertains to a specific type of information (e.g. driver’s license information, education records, and financial records). There is no overarching federal legislation which protects the individual’s private affairs from warrantless government inspection. A key issue underlying the scope of the debate and the variation in court decisions and public policies pertinent to invasions of privacy by government agencies is the lack of a clear and cogent definition of ‘privacy.’ By means of a review of the evolution of legal protections of privacy under the Fourth Amendment and a review of the evolution of technology with surveillance applications, it is suggested that there is a need for a sound operational definition of privacy. As a starting point for an informed and pragmatic dialogue on this matter, an operational definition of privacy built upon extant case and statutory law is provided.