Conflicting Conceptions of Constitutionalism: Investment Protection from the European Union and International Perspectives

Netherlands International Law Review - International investment law as it is currently being transformed in the European Union (EU) proves to be an ideal test case for assessing global...     

Rebutting the Presumption: Rethinking the Common Law Principle of Marital Coercion in Eighteenth- and Nineteenth-Century England

While many historians refer to the legal presumption of marital coercion when discussing patterns of lenient judicial treatment of women in eighteenth-and nineteenth-century English criminal trials, few have analyzed the presumption in enough detail to ascertain the impact it genuinely had. This article undertakes close legal analysis of marital coercion. It argues that the presumption was not frequently referred to in nineteenth-century Old Bailey criminal trials for receiving stolen goods because of increasing judicial strictness as to the application of the presumption. A defendant had to prove her marriage, her husband’s presence at the crime scene, and, by the nineteenth century, evidence of her husband’s actual control. The presumption may have shifted from an irrebuttable presumption to one rebuttable upon proof that any of these requirements were absent. Therefore, women’s lenient court treatment during the modern period cannot be straightforwardly attributed to frequent successful recourse to marital coercion.     

A strategy for accelerating the use of energy conserving building technologies

To accelerate the use of energy-conserving building technologies in the farflung, decentralized buildings industry, a strategy for more directed transfer of government research to public- and private-sector users has been implemented. The strategy involves a cycle of four sets of activities: (1) Needs assessment; (2) development of transferable information; (3) outreach activities; and (4) feedback and evaluation. By employing this iterative technology transfer cycle and emphasizing trade and professional organizations as communication channels to and from users, it is hoped that research sponsored by the U.S. Department of Energy's Building Systems Division will be responsive to the industry's needs and accessible to its diverse participants.     

Causal attribution and judicial discretion

An important need of the criminal justice system is to better understand and structure discretionary decisions, thereby minimizing their adverse effects. The present study explored the relevance of models of attribution processes to these goals by analysing judges' verbal statements in real courtroom settings. Results reveal that these models are useful in studying discretion and that the method is a fruitful component of a multimethodological approach to studying both attribution and discretion. The importance of both developing and testing models in real life contexts was stressed.The authors thank Janice Bryan and Patsi Roberts for their help in data collection.     

How mock jurors’ cognitive processing and defendants’ immigrant status and ethnicity relate to decisions in capital trials

Journal of Experimental Criminology - This study examined how defendants’ immigrant status and ethnicity interact with evidence strength and mock jurors’ cognitive processing traits to...     

A Puzzling Paradox: Advancements in Reproductive Technology and New York's Ban on Commercial Surrogacy Agreements

With infertility on the rise in the United States and the legalization of same sex marriage, it has become increasingly difficult for many Americans to start a family. Advancements in modern medicine have addressed this issue and now couples can create their family through surrogacy. However, New York's current laws have not caught up to the changing times and surrogacy agreements are still invalid and unenforceable. This Note proposes the repeal of New York's surrogacy ban and the adoption of legislation to recognize and enforce surrogacy agreements in order to bring New York's laws within the purview of modern medicine.     

If I recall correctly. An event history analysis of forgetting and recollecting past voting behavior

The mechanisms behind vote recall inaccuracy are not well understood. The literature has been unable to separate inaccuracy due to the nature of the voter (such as non-attitudes) from inaccuracy due to interfering events after casting the vote (such as a change in vote intention). This paper employs event history analysis to disentangle time-invariant and time-variant explanations of recall inaccuracy. Using Dutch panel data on 20,936 respondents in 42 waves between 2010 and 2012 (and additional data collected between 2006 and 2010), we explain the likelihood of misreporting the 2010 vote during the subsequent electoral cycle. The analyses show that although both explanations play a role, voters’ general level of volatility before casting the recalled vote matters less than changes in vote intention after the vote. We conclude that accurate recall is affected mainly by events rather than the nature of voters. Our findings imply that survey measures of voting behavior could be improved by offering cues on the elections of interest.