JUVENILITY AND PUNISHMENT: SENTENCING JUVENILES IN ADULT CRIMINAL COURT*

The study outlined in this article addressed a key limitation of prior research on the punishment of juveniles transferred to adult court by employing propensity score matching techniques to create more comparable samples of juvenile and young adult offenders. Using recent data from the Maryland State Commission on Criminal Sentencing Policy, it tested competing theoretical propositions about the salience of juvenile status in adult court. Findings indicate that even after rigorous statistical matching procedures, juvenile offenders are punished more severely than their young adult counterparts. We found no evidence that this “juvenile penalty” is exacerbated by an offender's race or gender, but it does vary starkly across offense type and mode of transfer, being driven primarily by drug crimes and discretionary waivers. The import of these findings is discussed as they relate to the future of juvenile justice policy regarding the continued use of juvenile transfer to adult court.     

The European Parliament and Comitology: On the Road to Nowhere?

The European Parliament has generally been deeply distrustful of the comitology system, primarily on the grounds that it allows the national administrations to undermine its supervisory role in the area of implementing legislation. Parliament has therefore sought to use the political, budgetary and jurisdictional means at its disposal to counteract the spread of comitology, or at least to promote the less intrusive forms of committee procedure. These initiatives have not, for the most part, been wholly successful; neither the interinstitutional agreements nor Parliament's arguments before the Court of Justice have produced the results it had hoped for. Parliament has been able, however, to use its Maastricht powers to influence the choice of committee procedure included in legislation adopted under codecision, and its budgetary tactics have forced the Commission to rationalise somewhat the annual expenditure on committees of all kinds and to bring a modicum of transparency into their operation. The imminence of the intergovernmental conference led to a suspension of hostilities towards the end of 1996.     

Intra-company technology transfer in a multinational industrial firm

Little literature has been developed to describe the process of transferring a corporation's technology between international units of that company for ultimate transfer to their external customers (Kimberly 1981 and Leonard-Barton and Sinha 1993). This paper addresses the issues at Air Products and Chemicals, Inc. involved in the transfer of applications technology. Technology is transferred from the unit of the corporation which develops the technology to international affiliates and subsidiaries. The ultimate goal is the support of product sales to the external industrial customer. A strategy for this type of organization is described which is supported by references to theoretical constructs in the literature and empirical observations from the organization itself.     

Forensic psychiatry and malpractice

This paper concerning the last 87 malpractice cases referred to the Department of Psychiatry and Law, Menninger Clinic, includes 57 suits against mental health practitioners and/or institutions, and 30 nonpsychiatric suits against general hospitals, surgeons, obstetricians, etc. A patient was available for interview in only 12 percent of the psychiatric cases; in 88 percent we reviewed medical records and consulted with attorneys. In the psychiatric cases the crucial question was whether a generally accepted standard of care was breached. The inherent problems of applying appropriate criteria to standards of care by practitioners and institutions are discussed. In half the psychiatric cases we found no significant deviation from acceptable clinical performance; in half we concluded that negligent practice had occurred. We did see a litigant for evaluation in 90 percent of the nonpsychiatric cases. The main issue involving them concerned harm or disability related to presumed negligence by medical personnel. How we evaluate such cases and apply disability criteria is discussed.     

Garcia and the Political Safeguards of Federalism: Is There a Better Solution to the Conundrum of the Tenth Amendment?

In Garcia v. San Antonio Metropolitan Transit Authority (1985),Justice Harry Blackmun held that the Tenth Amendment does notprevent the Congress from subjecting state and local governmentsto the provisions of the Fair Labor Standards Act, concludingthat the "political safeguards offederalism" are generally adequateto protect state interests on the national scene. This articleexamines the intellectual foundations of the "political safeguardsof federalism" and finds them inadequate. It then surveys thepost-Garcia scholarship to ascertain whether an alternativetheory of the Tenth Amendment has emerged. Concluding that ithas not, the author suggests the need for afresh approach inview of the hints contained in Justice Sandra Day O'Connor'sopinion in Gregory v. Ashcroft (1991) that five justices maybe ready to reexamine the central thesis of Garcia.