Seasonal Affective Disorder: Clerk Training and the Success of Supreme Court Certiorari Petitions

We investigate why the Supreme Court grants a smaller percentage of cases at the first conference of each term compared to other conferences. According to received wisdom, Supreme Court law clerks are overly cautious at the beginning of their tenure because they receive only a brief amount of training. Reputational concerns motivate clerks to provide fewer recommendations to grant review in cert. pool memos written over the summer months. Using a random sample of petitions from the Blackmun Archives, we code case characteristics, clerk recommendation, and the Court's decision on cert. Nearest neighbor matching suggests clerks are 36 percent less likely to recommend grants in their early cert. pool memos. Because of this temporal discrepancy, petitions arriving over the summer have a 16 percent worse chance of being granted by the Court. This seasonal variation in access to the Court's docket imposes a legally irrelevant burden on litigants who have little control over the timing of their appeal.     

Social determinants and risk factors for non-communicable diseases (NCDs) in South Asian migrant populations in Europe

In Europe, policies, strategies and interventions to address the growing burden of non-communicable diseases have generally neglected to take into consideration the impact of migration on health outcomes of increasingly multicultural and diverse societies. Research has shown that migrants of South Asian origin living in Europe are more at risk of acquiring non-communicable diseases than their counterparts in their country of origin or than the host European population. Using the example of migrants of South Asian origin, this paper highlights the migration-related social determinants of health and risk factors for non-communicable diseases. This paper calls for a more integrated, multi-sectoral approach to promote migrant-friendly health and social services to address non-communicable diseases in South Asia and Europe.     

The Dock on Trial: Courtroom Design and the Presumption of Innocence

This article examines the place of the criminal dock in courtroom design. Challenges to the use of the dock have been based upon the inability of the defendants to hear effectively, to communicate with counsel, to maintain their dignity, and to benefit from the presumption of innocence. Increasingly courts are incorporating secure docks, where defendants are partially or completely surrounded by glass (or in some countries, metal bars). To what extent do these changes and modifications undermine the right to the presumption of innocence? We present the results of an experimental mock jury study that was designed to test whether the placement of the accused influences jurors’ perceptions. We find that jurors are more likely to convict defendants when they are located in a traditional dock or a secure dock, compared to sitting next to their counsel at the bar table. We conclude by discussing the implications for trial procedures, counsel communications, and courtroom design.     

The effects of patrol workloads and response strength on arrests at burglary emergencies

This study was concerned with response-related capture at residential burglary emergencies. Successfully catching burglars red-handed depended on response times, and particularly on numbers of units attending, as well as on incident characteristics. Response quickness and strength were influenced by the number of patrols available to respond, and this, in turn, reflected the workloads placed on patrols. Lighter workloads per patrol improved the chances of on-scene capture, though burglary circumstances determined the incidents at which this proved most promising. Stronger responses might offer scope for on-scene and near-scene capture at incidents with longer reporting delays than hitherto supposed. Findings were at odds with previous research, indicating that emergency response might be more effective than generally supposed in the U.K., if not in the U.S., particularly when calls were graded, units on patrol were matched to the incidence of emergencies, and single-crewed units could be used.     

The politics of inflation-fighting in new democracies

Several scholars have advocated social pacts as a means to combat inflation in new democracies. This article examines efforts to negotiate social pacts in five nascent democratic regimes during their first five years in existence. Boolean analysis demonstrates the improbable nature of the social pacts negotiated in Spain; subsequent analysis aims at improving our understanding of why Spain successed. While social pacts have been minimally useful in most new democracies, inflation has been combatted more successfully in many countries (including some of the cases analyzed here) via the move from state capitalism toward more free-market policies. While market economics has been more successful in fighting inflation, the political effects of such policies have been mixed.     

The enactment of national health insurance: a Boolean analysis of twenty advanced industrial countries

The scholarly literature on health care politics has generated a series of hypotheses to explain U.S. exceptionalism in health policy and to explain the adoption of national health insurance (NHI) more generally. Various cultural, institutional, and political conditions are held to make the establishment of some form of national health insurance policy more (or less) likely to occur. The literature is dominated by national and comparative case studies that illustrate the theoretical logic of these hypotheses but do not provide a framework for examining the hypotheses cross-nationally. This article is an initial attempt to address that void by using Boolean analysis to examine systematically several of the major propositions that emerge from the case study literature on the larger universe of twenty advanced industrial democracies. This comparative analysis offers considerable support for the veto points hypothesis while still finding each of the factors examined to be relevant in certain scenarios. We conclude with a discussion of the implications of these findings for future research and for advocates of national health insurance in the United States.     

Security Versus Liberty in the Context of Counterterrorism: An Experimental Approach

A critical question in counterterrorism studies concerns the extent to which governments adequately balance the continual provision of individual rights and freedoms with the appropriate level of national security when faced with a terrorist attack. We experimentally assess this tradeoff utilizing a 2 × 2 × 2 between-groups factorial design, manipulating (a) the extent of terror-related threats, (b) the level of invasiveness of subsequent counterterrorism policies, as well as (c) the terror context: transnational and domestic. The results provide evidence that the public is more willing to accept greater reductions in civil liberties under a greater threat of terrorism only when the perceived effectiveness of those policies to prevent future acts of terrorism is high. Furthermore, we find these results to be specific to the context of a transnational terror threat. This suggests that the public will be unwilling to accept reductions in civil liberties when the source of the attack is domestic, regardless of the level of threat or how effective subsequent policies may be in preventing future attacks.     

Handout or Hand‐up: Ongoing Tensions in the Long History of Government Response to Drought in Australia

In 2014 the Coalition government announced a 320 million dollar package for drought‐hit farmers. In describing this initiative as a “hand‐up” not a “hand out” Prime Minister Tony Abbott encapsulated more than 150 years of tension over whether government drought response should be unconditional limited relief or conditional longer‐term assistance. This paper considers the long history of drought assistance in Australia as seen through government legislation, year books, newspapers and personal papers. It argues that despite changing political and social circumstances, contradictions in the approach to government drought response, as well as in public and personal reactions to those policies, have remained remarkably consistent. We further suggest that lack of consensus over the inherent nature of drought is not sufficient to explain the dilemma.