“Purpose versus practice in the use of electronically monitored home confinement”

This paper explores differences between the stated purpose and actual practice of electronically monitored home confinement as a prison-diversion strategy. Methods and data are triangulated to examine the difference between the stated purposes of electronic monitoring and its actual usage in two contexts: 1) the decision to imprison/probate; and 2) the actual use of electronically monitored home confinement. Sentencing information, along with data on employment, family, substance abuse, prior convictions, and type of offense, were collected on 391 felony offenders sentenced to probation in 1987–89 from three counties located in two large Metropolitan Statistical Areas in Texas. Information gathered from interviews with probation officials is also employed. This paper presents an analysis of this data and discusses its implications for future use and evaluation of electronically monitored home confinement.     

How jurors construe “insanity”

Historically and currently, jurors who have rendered verdicts in insanity cases have themselves been criticized and maligned-accused of being simplistic and biased, of lacking understanding, and of disregarding or nullifying the judge's instructions. Are the critics right? In this study, 263 mock jurors (141 adults and 122 students) were asked to decide four insanity cases without instructions, using their own best judgment, and to identify the determinative facts for them, and the meaning of those facts. Those determinative factors were then categorized, using a seven construct schema for NGRI and guilty verdicts. The results show that jurors do make discriminations among cases in terms of constructs, and that these constructs are relevant, complex, and flexible; furthermore, the jurors' lay constructs of insanity are more complex than the legal constructs of insanity. The “simplism,” it seems, lies not with the jurors but with the insanity tests.     

CRIME AS HAZARD: PERCEPTIONS OF RISK AND SERIOUSNESS*

The study of crime suffers from an inattention to the social consequences of criminal acts. Conceiving crimes within the larger context of “hazard,” data are reported on the relative seriousness of conventional and white-collar crimes, as well as other hazards, using a sample of Washington state respondents. The results indicate that there is an inverse relationship between the perceived likelihood of a hazard and its seriousness. Generally, the more immediate the threat of a hazard, such as white-collar crimes, the more serious it is perceived to be. There are also implications from these consequences for perceptions of institutional effectiveness and interpersonal relationships. This suggests that future studies of the consequences of criminality, especially white-collar and corporate violations, might be directed toward the notions of risk and, eventually, social trust.     

ADOPTING PERSONNEL PRODUCTIVITY INNOVATIONS IN AMERICAN LOCAL GOVERNMENTS

Improving the productivity of public employees has increasingly attracted the attention of urban policymakers and administrators concerned about the quality, cost, and efficiency of governmental service delivery. A national survey of local personnel managers was undertaken to ascertain the degree of jurisdictional receptivity to personnel-based management tools, preferred approaches, and the most serious policy and institutional barriers to the implementation of these changes. Research findings concerning the adoption of personnel reforms are generally consistent with those reported in prior studies except for an increase in the utilization of job enrichment techniques by local administrators. The reluctance of labor organizations to accept productivity bargaining and the unwillingness of local authorities to consider financial incentive plans for governmental executives are cited b y our respondents as the chief obstacles to greater managerial effectiveness.     

Creating a Technology-Based Entrepreneurial Economy: A Resource Based Theory Perspective

Academic research has identified a broad array of resources that exist in communities that have an established technology-based entrepreneurial venture population. These studies have focused upon well-known areas such as the Silicon Valley, the 128 loop in Boston and Austin, Texas. Yet even in these relatively homogeneous environments the studies have been highly inconsistent in their findings as to what bundle of resources might be critical in attracting new ventures. Many other communities have either been unsuccessful or only marginally successful in their efforts to recreate the magic of Silicon Valley. We utilize a Resource-Based model to suggest that communities develop unique bundles over time and that the development of these bundles in a particular geographic area is neither linear nor easily replicable.JEL Classification: 01, 021, 03, R11, R58     

Grant's Application: it's time for a new approach to a "public interest" exclusion from patentability

This article reviews the recent IP Australia decision in Grant's Application [2004] APO 11 about an innovation patent for a way of protecting assets against a loss of ownership as a result of a legal liability. The significance of this decision was to expose the tortured reasoning necessary to exclude from patentability an invention that was arguably contrary to the "public interest". The article asserts that the effect of the decision revoking the patent was correct, but that the reasoning points to a need to reconsider the "public interest" limits on patentability. The article then considers the approach that should be adopted in formalising a "public interest" exemption from patentability that is practical and generally applicable.     

Bankruptcy around the World: Explanations of Its Relative Use

The law and finance literature highlights the role of investorrights in financial development, firm corporate governance,and financing patterns. For a panel of 35 countries, we investigatehow bankruptcy use relates to countries’ creditor rightsand judicial efficiency. Bankruptcies are higher in countrieswith more creditor rights, except for a "no automatic stay onassets" provision. Higher judicial efficiency is associatedwith more bankruptcies and appears as a substitute with morecreditor rights. Although only a first step, our findings suggestcreditor rights are complex, balancing prioritization of claims,ex ante risk-taking incentives, and an efficient resolutionof distressed firms.