Selection bias in human rights tribunals: an exploratory study

Abstract: Quasi-judicial tribunals are bound by the principle of natural justice, including the obligation to avoid bias or the apprehension of bias in the selection of adjudicators, as was affirmed for human rights commissions in the McBain case. This paper statistically analyses all decisions rendered by Canadian human rights tribunals, both federal and provincial, in the years 1956 to 1984. The main conclusion is that there is a tendency toward the reappointment of adjudicators whose decisions are favourable to complainants. This calls into question the neutrality of the appointment procedures used in these years, namely appointment by a minister or by a human rights commission. The system recently adopted by the Canadian Human Rights Commission, involving appointment by the chairman of a panel of adjudicators, is proposed as a model worthy of imitation to the extent that it minimizes the apprehension of bias. Sommaire: Les tribunaux quasi-judiciaires sont tenus d'appliquer le principe de la justice naturelle, y compris l'obligation d'éviter de soulever une crainte raisonnable de partialité lors du choix des arbitres, comme l'arrêt McBain l'a affirmé en ce qui concerne les commissions des droits de la personne. Cet article comporte une analyse statistique de toutes les décisions prises par les tribunaux canadiens des droits de la personne, tant provinciaux que fédéraux entre 1956 et 1984. Il conclut qu'on a eu tendance à renouveler le mandat des arbitres dont les décisions étaient favorables aux plaignants. Cette conclusion interpelle la neutralité du système de nomination en vigueur durant cette période, en particulier lorsque c'était un ministre ou une commission des droits de la personne qui nommait les arbitres. Le système, récemment adopté par la Commission canadienne des droits de la personne, en vertu duquel c'est le président d'un tribunal d'arbitres qui noninie chaque comité d'arbitre, est proposé comme modèle digne d'être imité dam la mesure où il réduit la crainte raisonnable de partialité.     

Characterization of the Caucasian haplogroups present in the SWGDAM forensic mtDNA dataset for 1771 human control region sequences. Scientific Working Group on DNA Analysis Methods

Currently, the Scientific Working Group on DNA Analysis Methods (SWGDAM) mtDNA dataset is used to infer the relative rarity of mtDNA profiles (i.e., haplotypes) obtained from evidence samples and for identification of missing persons. The Caucasian haplogroup patterns in this forensic dataset have been characterized using phylogenetic methods. The assessment reveals that the dataset is relevant and representative of U.S. and European Caucasians. The comparisons carried out were both the observation of variable sites within the control region (CR) and the selection of a subset of these sites, which partition the variation within human mtDNA control region sequences into clusters (i.e., haplogroups). The aligned sequence matrix was analyzed to determine both single nucleotide polymorphisms (SNPs) in a phylogenetic context, as well as to check and standardize haplogroup designations with a focus on determining the characters that define these groups. To evaluate the dataset for forensic utility, the haplogroup identifications and frequencies were compared with those reported from other published studies.     

Leveling the Odds: The Effect of Quality Legal Representation in Cases of Asymmetrical Capability

How much does attorney quality influence the outcome of cases in which one litigant is significantly more capable than the other? Using a unique dataset of all asylum merits decision from 1990 to 2010, we find that high quality representation evens the odds for asylum applicants and that not being represented by legal counsel is actually better than being represented by a poor lawyer. In this analysis, we draw on a modified party capability theory and create new measures of attorney capability. We find that variation in attorney capability is a primary driver of the disparity in asylum outcomes in U.S. immigration courts and that a likely causal mechanism for this influence is the judge‐specific reputation of an attorney.     

A Comparison of State Traditions and the Revival of a Nuclear Power in Four Countries

Abstract

The British, American, French and Finnish governments are seeking to promote investment in a new generation of nuclear power plants. Nuclear power programmes are delivered through networks of international companies through which government must manage. This is consistent with the concept of governance. Governments can advance their policy goals by using a variety of policy instruments to shape and organize governance networks. This is known as metagovernance. The paper considers the extent to which the selection and deployment of the policy instruments used to metagovern is informed by the prevailing tradition of government. The paper examines how the British, American, French and Finnish governments have tried to metagovern. It is shown that whilst governing traditions do inform the selection and deployment of the policy instruments used to metagovern, the composition of the network, and the nature of the policy problem also plays a role in shaping government action.     

Safeguarding adults and mass marketing fraud – Perspectives from the police,trading standards and the voluntary sector

Despite the growing awareness of mass marketing fraud (MMF) in the financial abuse of vulnerable older people, little empirical research has been undertaken in this area. This paper is one of the first to consider the perspectives of a range of professionals who work with victims of mass marketing fraud and financial crime. MMF is a growing threat in the financial abuse of older people, and is increasingly recognised as a concern for professionals involved in supporting and safeguarding vulnerable older people. This paper considers the themes emerging from a small exploratory qualitative study into the perspectives of professionals working to safeguard those at risk of MMF and considers some of the complexities involved in tackling MMF. This involves consideration of the techniques used to groom and lure victims in plausible looking frauds, and the factors that serve to reinforce their sustained involvement in such activity.     

Congressional apportionment and the fourteenth amendment

This paper examines state interest in the nine bases of congressional seat apportionment considered for the House of Representatives as part of the Fourteenth Amendment to the US Constitution. We ask, what if voters preferred apportionments that delivered larger vote shares to their state? We then show that among all states, one basis of apportionment was a weak Condorcet winner, while the others were in a vote cycle. In both chambers of Congress, however, pure majority voting created orderings of the nine bases and a different Condorcet winner. Ironically, Congress did not select either Condorcet winner. Instead, a population-based apportionment was reported out of committee and passed both chambers as a consequence of agenda control and lack of pairwise voting. Our analysis provides an example of how agenda setting with incomplete information unintentionally can produce undesirable outcomes for a legislature.

     

Global policymakers and catastrophic risk

Policy Sciences - There is a rapidly developing literature on risks that threaten the whole of humanity, or a large part of it. Discussion is increasingly turning to how such risks can be governed....