Legislative Constraints on Executive Unilateralism in Separation of Powers Systems

Can legislatures effectively check unilateral executive power? One prominent and counterintuitive finding in previous work is that executives pursue unilateralism less often under divided government. While executives see greater potential policy gains through unilateral action during divided government, we argue that their likelihood of acting unilaterally depends on an opposed legislature's ability to retaliate. When polarization is high and majorities are marginal, executives are freer to act unilaterally given the difficulties legislatures have in statutorily responding. Unilateralism is also more likely when facing opposition if legislatures lack nonstatutory means of punishment, such as regulatory review. In the largest analysis of gubernatorial executive unilateralism to date, we use a new data set of 24,232 executive orders in the 50 American states between 1993 and 2013 to evaluate this argument and find strong support for its predictions. These results provide insights into how legislative policymaking capacity can influence the functioning of separation of powers systems.     

Strafsatz,Strafrahmen, qualifizierende Umstände und Nichtigkeitsgründe

§ 91 StGB; § 260 Abs 1 Z 2 und § 281 Abs 1 Z 11 StPO: § 91 Abs 1 StGB enth?lt nur eine einzige strafbare Handlung. Soweit § 91 Abs 1 und 2 StGB jeweils erh?hte Strafdrohungen vorsehen, ?ndert dies an der Schuldfrage (§ 260 Abs 1 Z 2 StPO), mithin am Strafsatz für die t?tliche Teilnahme an einer Schl?gerei und an einem Angriff mehrerer, also der Subsumtion (§ 281 Abs 1 Z 10 StPO) dem Abs 1 oder 2 des § 91 StGB subsumierbarer Taten nichts. Wird durch eine Schl?gerei oder einen Angriff mehrerer eine schwere K?rperverletzung oder der Tod eines anderen verursacht, führt dies blo? zu erh?hten Strafrahmen, also erweiterter Strafbefugnis iSv § 281 Abs 1 Z 11 erster Fall StPO. Die in der Literatur aufgezeigte verfassungsrechtliche Problematik an blo? objektiven Bedingungen geknüpfter erh?hter Strafbarkeit wird durch eine solche Betrachtungsweise vermieden.     

A Longitudinal Study of Escalation in Crime Seriousness

Escalation in crime seriousness over the criminal lifecourse continues to be an important issue to study in criminal careers. Quantitative research in this area has not yet been well developed owing to the difficulty of measuring crime seriousness and the complexity of escalation trajectories. In this paper we suggest that there are two types of escalation process—escalation associated with experience of the criminal justice process, and escalation associated with age and maturation. Using the 1953 birth cohort from the England and Wales Offenders Index followed up to 1999, and a recently developed seriousness scale of offenses, we constructed the individual sequences of seriousness scores from conviction to conviction. These individual sequences were then analyzed using a variety of longitudinal mixed models, with age, number of conviction occasions, sex and number of offenses used as covariates. The results suggest that ageing is associated with de-escalation whereas the number of conviction occasions are associated with escalation, with the two processes pulling in different directions. This conceptual framework helps to disentangle previously contradictory results in the escalation literature.     

Family Psychopathology and Perceived Stress of Both Domestic Violence and Negative Life Events as Predictors of Women’s Mental Health Symptoms

Using a diathesis–stress model, this study examined the development of depressive and anxiety symptoms in women who experience stressors of domestic violence (DV) and/or negative life events (NLEs) over the course of three years. Family history of affective mental health problems represented the diathesis. Using a person-oriented approach, 182 women were grouped into 6 risk profiles based on varying levels of DV and NLEs. Results showed that family history of psychopathology increased vulnerability to mental health disorders; however, the best predictor of symptoms was the presence of either stressor at any time. A quadratic relationship between the risk pattern and mental health symptoms indicated that fluctuations in depression were related to the pattern of stress experienced. Results support the diathesis–stress model for occurrence of depressive but not anxiety symptoms in women with DV and/or NLEs.     

Assessing the Impact of the 1996 Thai Prostitution Law: A Study of Police Arrest Data

The purpose of this paper was to evaluate the impact of the Thai Prevention and Suppression of Prostitution Act of 1996 in ten geographical regions of the country. This paper also addresses law enforcement approaches in controlling prostitution. Data for prostitution arrests from 1995 to 1998 were obtained from official police sources (Statistics of Reported Crimes of Thailand). ARIMA intervention analysis was employed; revealing the arrest rates of prostitutes between pre- and post-enactment of the present Prostitution Act did not differ statistically within the regions except for Region 8 (Phuket). The paper reaches two general conclusions: (1) the 1996 Thai prostitution law did not significantly reduce the arrest rate for prostitution across the country; and (2) further consideration must be given to the idea of decriminalizing prostitution, which might allow for licensure, improving health and living conditions as well as potentially limiting exploitation and impact crimes associated with the prostitution industry.     

Justifying Compensation for Frustrated Legitimate Expectations

That government agencies and public bodies can be liable for damages when they induce and then frustrate people’s legitimate expectations is an important and distinctive feature of administrative law in Europe. This article sets out to establish a set of moral principles and ideals that might justify this legal institution. The notion of security of expectations found in the work of utilitarian writers provides a starting point. Having examined the strengths and weaknesses of this approach, I then turn to consider an alternative argument based on finding a solution to the problem of credible commitments. Finally, I look for suitable moral arguments in the liberal and Kantian political theorising of John Rawls. I argue that if we see the function of the rule of law as not merely to maximise aggregate utility and to make policymakers’ decisions seem credible but also to ensure Justice as Fairness for individuals, then this provides a more robust and satisfactory way to justify the liability of public bodies for legitimate expectations they induce and then frustrate.     

Characteristics of abstainers from substance use and antisocial behavior in the United States

Purpose

Whether lifetime abstainer's antisocial behavior is maladjusted or well-adjusted is unresolved. The aim of this study was to compare abstainers (defined as persons with no lifetime use of alcohol and other drugs and non-engagement in antisocial or delinquent behavior) with non-abstainers across a range of sociodemographic and mental health characteristics in the United States.

Methods

Data were derived from the National Epidemiologic Survey on Alcohol and Related Conditions, a nationally representative sample of U.S. adults. Structured psychiatric interviews (N = 43,093) using the Alcohol Use Disorder and Associated Disabilities Interview Schedule — DSM-IV version (AUDADIS-IV) were completed by trained lay interviewers between 2001 and 2002.

Results

The prevalence of abstaining was 11 percent. Abstainers were significantly more likely to be female, Asian and African-American, born outside the U.S., and less likely to be unemployed. Multivariate logistic regression analyses revealed that abstainers were significantly less likely to evidence lifetime mood, anxiety, or personality disorder compared to non-abstainers.

Conclusions

Findings indicate that abstainers are not maladapted and are comparatively more functional than non-abstainers.