Strategic Defiance and Compliance in the U.S. Courts of Appeals

Why do lower courts treat Supreme Court precedents favorably or unfavorably? To address this question, we formulate a theoretical framework based on current principal‐agent models of the judiciary. We use the framework to structure an empirical analysis of a random sample of 500 Supreme Court cases, yielding over 10,000 subsequent treatments in the U.S. Courts of Appeals. When the contemporary Supreme Court is ideologically estranged from the enacting Supreme Court, lower courts treat precedent much more harshly. Controlling for the ideological distance between the enacting and contemporary Supreme Courts, the preferences of the contemporary lower court itself are unrelated to its behavior. Hence, hierarchical control appears strong and effective. At the same time, however, a lower court's previous treatments of precedent strongly influence its later treatments. The results have important implications for understanding legal change and suggest new directions for judicial principal‐agency theory.     

The Freedom of Desire: Hegel's Response to Rousseau on the Problem of Civil Society

The ever-growing body of literature on civil society can benefit from a return to the original theoretical articulation and defense of the concept in the work of G.W.F. Hegel. Specifically, this article suggests that Jean-Jacques Rousseau's influential critique of civil society remains unanswered and argues that Hegel responded with a sweeping and sympathetic institutional design that remains relevant today. Hegel agrees with Rousseau that commercial society aggravates the dissatisfaction of its members, and that educating individual desire through institutional design is necessary to solve this difficulty. However, modern states need not adopt Rousseau's extreme and impracticable solution. Hegel's concrete, market-based associations of civil society render desires satiable and elevate them to accord with the common good, while still maintaining the freedom and distinctness of a pluralistic modern society.     

Giving the People What They Want? The Distribution of Earmarks in the U.S. House of Representatives

The common wisdom in journalistic accounts of earmarking is that Congress distributes earmarks on a purely political basis, without any consideration for the demand for federal spending. Academic accounts similarly argue that factors internal to Congress are preeminent in determining where earmarks go, even more than for other types of pork‐barrel spending. Using earmarks appearing in the fiscal year 2008 Appropriations bills, I search for both chamber‐based and demand‐side determinants of the distribution of earmarks. I find that both types of factors are significantly related to the number of earmarks that a House member receives. This result indicates that even while earmarking, members of Congress are at least minimally responsive to voter preferences and calls into question whether earmarks should be treated as an outlier within the universe of spending allocation mechanisms.     

The factor structure of the Reckless Behavior Questionnaire

In this study, the relative fits of three different factor-structure models of adolescent reckless behavior were examined using the Reckless Behavior Questionnaire (RBQ) with individual samples of college and high school students. Both one- and two-factor models were found to be satisfactory representations of the RBQ with both samples. In order to test the construct validity of the one- and two-factor models, relations between instruments generally associated with reckless behavior were examined by gender. Using the two-factor model, gender differences were found for both the college and high school samples; thus, it was determined to be the more parsimonious fit of the data given previous research supporting gender differences. Findings are discussed in terms of current conceptualizations of factor patterns of adolescent problem behavior and implications for future investigations.B.A. from Oberlin College, and M.A. and Ph.D. in Psychology from University of Virginia. Research interests are development of aggression and correlates of reckless behavior.B.A. from University of Akron and M.S. from University of Pittsburgh. Research interests are addictive behaviors and psychopathology in adolescence.Formerly Assistant Professor at Ogelthorpe University (1985–1988). Received B.S. from Michigan State University, and M.A. and Ph.D. from University of Virginia. Research interest is development of reckless behavior.Received B.A. from Yale University, and M.A. and Ph.D. from University of Virginia. Research interests are developmental psychopathology and adolescence.     

Editors' Note

At the beginning of Act IV of Shakespeare's King Lear, Edgarcongratulates himself on the fact that, reduced to beggary,there is nothing worse that can happen to him. The discoverya few minutes later that his father has been blinded, ruinedand cast out quickly disabuses him of such a foolish notionand, enlightened as to the true nature of this uncertain world,he says

Who is't can say ‘I am at the worst?’... The     

Editors' Note

In the week we wrote this editorial, former US Vice PresidentAl Gore accepted the Nobel Peace Prize for his environmentalwork with the words "We, the human race, are confronting a planetaryemergency—a threat to the survival of our civilisationthat is gathering ominous and destructive potential even aswe gather here". What, you may ask, has this to do with a Journalsuch as this, concerned with     

Hate Crime and the Privatization of Political Responsibility: Protecting Queer Citizens in the United States?

My purpose in this article is to address issues that arise with the emergence of “hate crime” law as a response to violence against historically subordinated groups, with particular reference to gay, lesbian, bisexual, transgendered (henceforth “GLBT”), and otherwise queer citizens. The specific jurisdictional context of my reflection is the USA but the issues I raise have significance beyond that context. Increasingly in recent years hate crime legislation has been adopted or proposed in the US as well as other jurisdictions as a response to bigotry and violence directed against minority groups in multi-cultural societies. In 2006 in the UK, proposals to outlaw “incitement to religious hatred” were hotly debated. In 2008 demands are being made to extend the ‘incitement laws’ to include incitement to homophobic hatred. In 2007 in the US the Senate and House of Representatives in Washington DC passed an Act, which some described as the Matthew Shepard Act, to promote and enhance the use of the criminal law against perpetrators of crimes motivated by hatred based on perceived sexual orientation and gender identity. Ultimately the Act failed to become law. The debates in the UK and US provide the backdrop against which I want to examine the arguments for and against hate crime legislation, both generally and with specific application to queer citizens. This require us to think again about the relation of queer citizens to the state, the reach of political equality and human rights, and the aims and limits of the criminal law and system of “criminal justice”.

Governance and community benefit: are nonprofit hospitals good candidates for Sarbanes-Oxley type reforms?

Recent investigations into the activities of nonprofit hospitals have pointed to weak or lax governance on the part of some of these organizations. As a result of these events, various federal and state initiatives are now either under way or under discussion to strengthen the governance of hospitals and other nonprofit corporations through mandatory board structures and practices. However, despite policy makers' growing interest in these types of governance reforms, there is in fact little empirical evidence to support their contribution to the effectiveness of hospital boards. The purpose of this article is to report the results of a study examining the relationship between the structure and practices of nonprofit hospital boards relative to the hospital's provision of community benefits. Our results point to modest relationships between these sets of variables, suggesting considerable limitations to what federal and state policy makers can accomplish through legislative initiatives to improve the governance of nonprofit hospitals.     

Do Prophylactics Prevent Inflation? Post-identification Feedback and the Effectiveness of Procedures to Protect Against Confidence-inflation in Earwitnesses

After viewing or hearing a recorded simulated crime, participants were asked to identify the offender’s voice from a target-absent audio lineup. After making their voice identification, some participants were either given confirming feedback or no feedback. The feedback manipulation in experiment 1 led to higher ratings of participants’ identification certainty, as well as higher ratings on retrospective confidence reports, in both the immediate and delay groups. Earwitnesses who were asked about their identification certainty prior to the feedback manipulation (experiment 2) did not demonstrate the typical confidence-inflation associated with confirming feedback if they were questioned about the witnessing experience immediately; however, the effects returned after a week-long retention interval. The implications for the differential forgetting and internal-cues hypotheses are discussed.