Doctors,Lawyers, and Malpractice Insurance: Is Physician Discipline or Legal Restrictions the Answer?

Legislatures have made numerous attempts to reduce medical malpractice costs by changing the legal rules governing malpractice suits. Additional changes through physician discipline are also under consideration. This paper - tests whether these changes have had the desired effects, using cross-state data. The empirical findings are that the results of changes in the legal rules are generally as expected, but that physician discipline seems to have little impact on either insurer costs or insurance rates, even after the discipline rules have been in effect for up to four years.     

ORGANIZATIONAL OFFENDING AND NEOCLASSICAL CRIMINOLOGY: CHALLENGING THE REACH OF A GENERAL THEORY OF CRIME*

This article examines and critiques Gottfredson and Hirschi's general theory of crime, with particular respect to its applicability to organizational offending. We question their views that the theory is adequately general and that typologies of crime are therefore unnecessary for criminological theory. Gottfredson and Hirschi have employed the case of white-collar crime to support their arguments, but they have con strained the test of their theory by focusing on the white-collar offenses that most resemble conventional crime. When organizational offending is included in white-collar crime, empirical and theoretical limitations of their project emerge. These limitations include the matters of defining and counting the phenomena of interest, the nature of the interest that commonly underlies them, and the role of opportunity in them. A satisfactory theory of organizational offending requires an adequate account of all these matters and will look substantially different from Gottfredson and Hirschi's theory of crime.     

RACE AND CRIME IN POSTWAR AMERICA: DETERMINANTS OF AFRICAN-AMERICAN AND WHITE RATES, 1957–1988*

The idea that crime and deviance are explained mostly by access to opportunities—especially those provided by employment, income, education, and family stability—is one of the most powerful assumptions about crime in postwar America. However, despite its importance, the actual relationship between opportunity measures and crime during this period remains little understood. while cross-sectional studies of these issues have become common, few longitudinal studies exist and those that do include a limited number of variables. Moreover, despite important differences in the history and experiences of African-Americans and whites during this period, researchers have assumed similar dynamics by race. In this paper, we use annual time-series data from 1957–1988 to examine the effects of economic well-being, educational attainment, and family stability on rates of robbery, burglary, and homicide for blacks and whites. Our results show that these measures have different—usually opposite—effects on black and white crime rates during the period. In general, measures of opportunity have expected effects on white but not black rates. We consider the implications for policy and research.     

THE IMPACT OF BRITISH COUNTERTERRORIST STRATEGIES ON POLITICAL VIOLENCE IN NORTHERN IRELAND: COMPARING DETERRENCE AND BACKLASH MODELS*

Since philosophers Beccaria and Bentham, criminologists have been concerned with predicting how governmental attempts to maintain lawful behavior affect subsequent rates of criminal violence. In this article, we build on prior research to argue that governmental responses to a specific form of criminal violence—terrorism—may produce both a positive deterrence effect (i.e., reducing future incidence of prohibited behavior) and a negative backlash effect (i.e., increasing future incidence of prohibited behavior). Deterrence‐based models have long dominated both criminal justice and counterterrorist policies on responding to violence. The models maintain that an individual's prohibited behavior can be altered by the threat and imposition of punishment. Backlash models are more theoretically scattered but receive mixed support from several sources, which include research on counterterrorism; the criminology literature on labeling, legitimacy, and defiance; and the psychological literature on social power and decision making. In this article, we identify six major British strategies aimed at reducing political violence in Northern Ireland from 1969 to 1992 and then use a Cox proportional hazard model to estimate the impact of these interventions on the risk of new attacks. In general, we find the strongest support for backlash models. The only support for deterrence models was a military surge called Operation Motorman, which was followed by significant declines in the risk of new attacks. The results underscore the importance of considering the possibility that antiterrorist interventions might both increase and decrease subsequent violence.     

DOES DROPPING OUT OF SCHOOL MEAN DROPPING INTO DELINQUENCY?*

Approximately one third of U.S. high‐school freshmen do not earn their high‐school diploma on time. For African‐American and Hispanic students, this figure nearly reaches one half. The long‐term economic consequences of dropping out of school for both the student and the larger community have been well documented. It has also been argued that school dropouts put themselves at a higher risk for delinquent and criminal behavior when they leave school. Although it seems plausible that dropping out might increase the potential for delinquent conduct, another view states that dropping out is simply the final event in a long, gradual process of disenchantment and disengagement from school. Dropouts show evidence of school failure and developmental problems years in advance. It has been argued, therefore, that the actual event of finally leaving school has no causal effect on criminal or delinquent behavior because it has been so long in coming. In this article, we examine the effect of leaving school early, and the reason for dropping out, on delinquent behavior with the use of panel data models from the National Longitudinal Survey of Youth 1997 Cohort (NLSY97). Through an appeal to identity theory, we hypothesize that the effect of dropping out is not uniform but varies by the reason for leaving school, gender, and time. This conjecture receives only partial empirical support. Implications for future work in the area are discussed.     

SERVANT LEADERSHIP,TRUST, AND THE ORGANIZATIONAL COMMITMENT OF PUBLIC SECTOR EMPLOYEES IN CHINA

So‐called servant leaders strive selflessly and altruistically to assist others before themselves, work to develop their followers' greatest potential, and seek to benefit the wider community. This article examines the trust‐based mechanisms by which servant leadership influences organizational commitment in the Chinese public sector, using data from a survey of civil servants. Quantitative analysis shows that servant leadership strongly influences affective and normative commitment, while having no impact on continuance commitment. Furthermore, we find that affective trust rather than cognitive trust is the mechanism by which servant leadership induces higher levels of commitment. Our findings suggest that in a time of decreasing confidence levels in public leaders, servant leadership behaviour may be used to re‐establish trust and create legitimacy for the Chinese civil service.     

Executive Decree Authority in Brazil: How Reactive Legislators Influence Policy

Abstract At first glance, wide‐ranging presidential decree authority suggests executive branch domination of legislatures. However, decree power may also be a rational delegation of authority by legislators, in accord with their political objectives. Seen in this light, the key issue for legislators is not halting decree authority but reducing the agency losses that result from delegation. This paper shows how decree authority, as practiced in Brazil, constitutes an example of rational delegation by a legislature in which seniority and policy specialization are relatively undervalued. Brazilian legislators prefer to endow presidents with broad decree power and then monitor presidents on an issue‐by‐issue basis by amending executive decrees. This method of “oversight after delegation” lowers the transaction costs of delegation and speaks to the influence of Brazilian legislators over what is typically seen as an important source of presidential power.