Leiter on the Legal Realists

In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to see how Leiter’s reading fares when these passages are considered. I argue that Leiter is right that the realists’ indeterminacy thesis has only a local scope. Those passages that appear to claim that the law is globally indeterminate actually address three other topics: judicial supremacy, judges’ roles as finders of fact, and the moral obligation to adjudicate as the law commands. With respect to the prediction theory, however, I conclude that Leiter’s position cannot be defended. Indeed the realists offered two ‘prediction’ theories of law. According to the first, which is best described as a decision theory, the law concerning an event is whatever concrete judgment a court will issue when the event is litigated. According to the second, the law is reduced, not to concrete judgments, but to regularities of judicial (and other official) behavior in a jurisdiction. I end this essay with the suggestion that the realists’ advocacy of the second prediction theory indirectly vindicates Leiter’s reading of the realists as prescient jurisprudential naturalists.     

Instrumental Variables Estimation in Political Science: A Readers’ Guide

The use of instrumental variables regression in political science has evolved from an obscure technique to a staple of the political science tool kit. Yet the surge of interest in the instrumental variables method has led to implementation of uneven quality. After providing a brief overview of the method and the assumptions on which it rests, we chart the ways in which these assumptions are invoked in practice in political science. We review more than 100 articles published in the American Journal of Political Science, the American Political Science Review, and World Politics over a 24‐year span. We discuss in detail two noteworthy applications of instrumental variables regression, calling attention to the statistical assumptions that each invokes. The concluding section proposes reporting standards and provides a checklist for readers to consider as they evaluate applications of this method.     

Staying Cool Across the First Year of Middle School

As students transition into middle school they must successfully negotiate a new, larger peer context to attain or maintain high social standing. The goal of this study was to examine the extent to which the maintenance, attainment, and loss of a cool status over the course of the sixth grade is associated with student and classroom levels of physical, verbal, and relational aggression. To address this goal, we studied a sample of 1985 (55% girls) ethnically diverse adolescents from 99 sixth grade classrooms in the United States. Attaining a cool status at any point across the school year was associated with stronger aggressive reputations. Additionally, classroom norms for aggressive behavior moderated the association between changes in aggression over the school year and the stability of coolness such that students who maintained their coolness across the school year showed greater increases in their verbally aggressive reputations from fall to spring when they were in classrooms with higher levels of aggression. The findings illustrate the importance of fitting in with social norms for maintaining a high social status among a new set of peers in middle school.     

Detecting Spillover Effects: Design and Analysis of Multilevel Experiments

Interpersonal communication presents a methodological challenge and a research opportunity for researchers involved in field experiments. The challenge is that communication among subjects blurs the line between treatment and control conditions. When treatment effects are transmitted from subject to subject, the stable unit treatment value assumption (SUTVA) is violated, and comparison of treatment and control outcomes may provide a biased assessment of the treatment’s causal influence. Social scientists are increasingly interested in the substantive phenomena that lead to SUTVA violations, such as communication in advance of an election. Experimental designs that gauge SUTVA violations provide useful insights into the extent and influence of interpersonal communication. This article illustrates the value of one such design, a multilevel experiment in which treatments are randomly assigned to individuals and varying proportions of their neighbors. After describing the theoretical and statistical underpinnings of this design, we apply it to a large‐scale voter‐mobilization experiment conducted in Chicago during a special election in 2009 using social‐pressure mailings that highlight individual electoral participation. We find some evidence of within‐household spillovers but no evidence of spillovers across households. We conclude by discussing how multilevel designs might be employed in other substantive domains, such as the study of deterrence and policy diffusion.     

If Brain Scans Really Detected Deception,Who Would Volunteer to be Scanned?

Abstract: Recent neuroimaging studies investigating the neural correlates of deception among healthy people, have raised the possibility that such methods may eventually be applied during legal proceedings. Were this so, who would volunteer to be scanned? We report a “natural experiment” casting some light upon this question. Following broadcast of a television series describing our team’s investigative neuroimaging of deception in 2007, we received unsolicited (public) correspondence for 12 months. Using a customized template to examine this material, three independent assessors unanimously rated 30 of an initial 56 communications as unequivocally constituting requests for a “scan” (to demonstrate their author’s “innocence”). Compared with the rest, these index communications were more likely to originate from incarcerated males, who were also more likely to engage in further correspondence. Hence, in conclusion, if neuroimaging were to become an acceptable means of demonstrating innocence then incarcerated males may well constitute those volunteering for such investigation.