“In One Direction Only”: Chains of Reasoning and Tail Events in CAFA Amount-in-Controversy Claims

While the Class Action Fairness Act (CAFA) establishes a bright-line jurisdictional amount in controversy for removing cases from state to federal court, calculating that quantitative threshold in practice is a fraught and heavily litigated exercise. This article examines removals under CAFA to show the substantial lack of clarity in how state-law causes of action and damage claims interact to reach the jurisdictional threshold. It compiles cases illustrating the challenges surrounding removal litigation that flow from these uncertainties, particularly in how the structure of CAFA incentivizes defendants to chain together tail-event precedent to inflate theoretical amounts in controversy. It then applies a Coasean analysis to suggest these uncertainties impede efficient resolutions to litigation. Finally, it suggests a series of practical amendments to CAFA and its interpretive case law that would provide clarity, decrease forum-selection litigation, and enhance the efficacy of class litigation.     

The impact of human-technology cooperation and distributed cognition in forensic science: biasing effects of AFIS contextual information on human experts

Experts play a critical role in forensic decision making, even when cognition is offloaded and distributed between human and machine. In this paper, we investigated the impact of using Automated Fingerprint Identification Systems (AFIS) on human decision makers. We provided 3680 AFIS lists (a total of 55,200 comparisons) to 23 latent fingerprint examiners as part of their normal casework. We manipulated the position of the matching print in the AFIS list. The data showed that latent fingerprint examiners were affected by the position of the matching print in terms of false exclusions and false inconclusives. Furthermore, the data showed that false identification errors were more likely at the top of the list and that such errors occurred even when the correct match was present further down the list. These effects need to be studied and considered carefully, so as to optimize human decision making when using technologies such as AFIS.     

A Comparison of Ideologically-Motivated Homicides from the New Extremist Crime Database and Homicides from the Supplementary Homicide Reports Using Multiple Imputation by Chained Equations to Handle Missing Values

This study took advantage of the new open-source Extremist Crime Database (ECDB) to overcome obstacles to studying domestic far-right terrorism from a criminological perspective. In the past, exclusive definitions and inclusion criteria have limited available data on violent crimes committed by domestic far-right terrorists, and official data on violent crimes fail to capture offenders’ links to domestic far-right terrorism and ideological motivation (e.g., anti-government, anti-abortion, anti-religion). Therefore, little is known about the nature of far-right terrorist violence and how such violence is similar to and different from routine or more common forms of violence. Focusing on homicides, this study addressed why and how open-source terrorism data and official crime data can be comparatively analyzed. In doing so, we also demonstrate the utility of synthesizing terrorism and official crime data sources. Data on 108 far-right terrorist homicides were taken from the ECDB. Data on 540 common homicides (five comparison homicides for each far-right terrorist homicide) were randomly sampled from the 2000 Supplementary Homicide Reports. Using multiple imputation by chained equations and logistic regression, we imputed missing values and estimated models to compare the two homicide types on 12 different victim, offender, and event characteristics. Relative to common homicides, we found that far-right terrorist homicides were significantly more likely to have white offenders, multiple victims, multiple offenders, and to occur between strangers, and they were significantly less likely to have white victims, to be carried out with a firearm, and to occur in cities with more than 100,000 residents.     

The framework convention on tobacco control: The politics of global health governance

This paper analyses the particular challenges that tobacco control poses for health governance in an era of accelerating globalisation. Traditionally, health systems have been structured at the national level, and health regulation has focused on the needs of populations within individual countries. However, the increasingly global nature of the tobacco industry, and the risks it poses to public health, require a transnational approach to regulation. This has been the rationale behind negotiations for a Framework Convention on Tobacco Control (FCTC) by the Tobacco Free Initiative of the World Health Organisation (TFI/WHO). In recognition of the need to go beyond national governments, and to create a governance mechanism that can effectively address the transnational nature of the tobacco epidemic, WHO has sought to involve a broad range of interests in negotiations. The contributions of civil society groups in particular in the negotiation process have been unusual. This paper explores the nature and effectiveness of these contributions. It concludes with an assessment of whether the FCTC constitutes a significant shift towards a new form of global health governance, exploring the institutional tensions inherent in attempting to extend participation within a state-centric organisation.     

Substance Use as a Longitudinal Predictor of the Perpetration of Teen Dating Violence

The prevention of teen dating violence is a major public health priority. However, the dearth of longitudinal studies makes it difficult to develop programs that effectively target salient risk factors. Using a school-based sample of ethnically diverse adolescents, this longitudinal study examined whether substance use (alcohol, marijuana, and hard drugs) and exposure to parental violence predicted the perpetration of physical dating violence over time. 1,042 9th and 10th grade high schools students were recruited and assessed in the spring of 2010, and 93 % of the original sample completed the 1-year follow-up in the spring of 2011. Participants who had begun dating at the initial assessment and who self-identified as African American (n = 263; 32 %), Caucasian (n = 272; 33 %), or Hispanic (n = 293; 35 %) were included in the current analyses (n = 828; 55 % female). Slightly more than half of the adolescents who perpetrated dating violence at baseline reported past year dating violence at follow-up, relative to only 11 % of adolescents who did not report perpetrating dating violence at baseline. Structural equation modeling revealed that the use of alcohol and hard drugs at baseline predicted the future perpetration of physical dating violence, even after accounting for the effects of baseline dating violence and exposure to interparental violence. Despite differences in the prevalence of key variables between males and females, the longitudinal associations did not vary by gender. With respect to race, exposure to mother-to-father violence predicted the perpetration of dating violence among Caucasian adolescents. Findings from the current study indicate that targeting substance use, and potentially youth from violent households, may be viable approaches to preventing the perpetration of teen dating violence.