Special Masters in the Pretrial Development of Big Cases: Potential and Problems

This article explores the advantages and disadvantages of referring discovery matters in complex cases to special masters. In the first section Brazil explains how the results of his earlier research into the discovery system exposed problems that the appointment of masters might help solve. He then describes the kinds of pretrial tasks and roles federal courts have assigned to special masters and the ways that using a master can expedite and rationalize the case development process. In the second half of the article, the author assesses the major objections to delegating judicial responsibilities to masters and the problems that frequent appointments might cause. Along the way, Brazil offers practical suggestions to judges about how to avoid potential difficulties and how to maximize the effectiveness of this increasingly popular procedure.     

Referring Discovery Tasks to Special Masters: Is Rule 53 a Source of Authority and Restrictions?

The author concludes that federal judges who want to appoint special masters to perform duties related to civil discovery may not look to the Federal Rules of Civil Procedure for authority to do so. By examining the historical backdrop against which the original rules were written, as well as the minutes of the proceedings of the first Advisory Committee, Brazil demonstrates that neither Rule 53 nor any other rule was designed to grant federal trial courts power to assign pretrial discovery tasks to special masters. In fact, the evidence the author marshalls shows that the original Advisory Committee explicitly rejected the idea that the Federal Rules should authorize even a limited role for special masters in connection with discovery depositions.
Finding no authority for such appointments in the Federal Rules, the author turns to the judiciary's "inherent power." Drawing principles from the seminal Supreme Court opinion in this area, Brazil infers that in some circumstances the courts' inherent authority is a sufficient premise for delegating discovery tasks to special masters. Noting that the reported cases contain no clear guidelines about when or how federal judges should use this authority in making pretrial appointments, Brazil concludes by calling for a new federal rule covering this important subject.     

Demeanor,sex, and race in police processing

Recent increases in arrests of women have stimulated much controversy about the causes and extent of female crime and created much speculation about the differential treatment of female offenders by police officers. This article reports an empirical study of police processing of female offenders. During September–December 1978, 282 questionnaires were completed by police officers and detectives in a large, metropolitan area in a southeastern state. Each officer was asked to indicate a police decision in five hypothetical situations which varied by types of offense, race of the offender, sex of the offender, and demeanor of the offender. An analysis of the responses of the police officers indicates that decisions of police are not contingent on the sex and race of the offenders. The major variables in determining how police officers will respond are the nature of the offense and the manner in which the offender behaves when confronted by the officer.     

Prospects for the international migration of U.S. sex offender registration and community notification laws

Sex offender registration and community notification laws have proved enormously popular in the U.S. This is so even though the avowed sexual violence preventive benefits of the laws remain largely untested and unproven; indeed, it remains an open question whether the laws actually have anti-therapeutic and criminogenic effect. This article examines why this data deficit has characterized the social and political evolution of the laws and considers the prospects for their migration to other nations.     

Autopsy Reenactment – A Useful Technique in the Evaluation of Adhesive Tape Asphyxia

A 19‐year‐old woman was found dead with her face and head wrapped in plastic adhesive tape in a cupboard beside an opened helium cylinder. Despite the alleged presence of a suicide message on a social networking website, the unusual circumstances raised the possibility at the time of autopsy of either accidental death from sexual asphyxia or homicide. A carefully monitored reenactment demonstrated, however, that the type of commercial adhesive tape that had been used did not cause complete airway obstruction and that it was possible to wrap a considerable length of tape around the head and neck with the breath held. All of the features at autopsy were, therefore, compatible with self‐infliction. Asphyxial death was attributed to the combined effects of smothering from tape and anoxia from helium, an extremely rare combination in young females.     

Turkish economic development: The first five year plan, 1963–67

This article evaluates the effectiveness of Turkey's First Five Year Development Plan (1963–67) in achieving both its domestic and its international objectives.

A target of 7 per cent for the G.N.P. growth rate was nearly achieved, but individual sectors diverged from the plan. Agricultural and manufacturing output increased only about three‐quarters as fast as planned, while the construction and service industries exceeded the planned rate. In agriculture, neither new investment nor, more important, the dissemination of new techniques proceeded as rapidly as expected. Insufficient amounts of well‐organized investment projects, foreign exchange, and domestic savings (especially in the public sector) impeded the full achievement of the desired manufacturing capacity. In addition to failing to raise public revenue as much as planned, the principal shortcomings in policy formulation and execution were an overvalued currency which necessitated exchange controls and distorted the allocation of resources, the continued reliance on price regulation, and the failure to reform adequately the State Economic Enterprises. Reliance on foreign aid was reduced, but more aid will still be required before sustained growth is achieved.

In spite of these shortcomings, substantial progress was accomplished during the First Plan without the inflationary pressures and other imbalances which characterized the 1950s. However, Turkey could be developed more rapidly if more appropriate policies were followed.