Litigant Status and Trial Court Appeal Mobilization

The advantages held by haves over have nots in litigation have long fascinated scholars, with a long line of research revealing that litigant status often affects litigant resources, experience, and chances of overall success from trial courts to appellate courts. What has received considerably less attention, however, is how this status affects the decision to appeal. Bringing a new perspective to this important area holding implications for the shape and content of the judicial hierarchy, this study analyzes the decision of the losing federal district court litigant to appeal to the US courts of appeals. Utilizing an original database containing a sample of federal district court civil cases decided between 2000 and 2004, the results indicate, as predicted, that litigant status differentials affect whether there will be an appeal. This influence is further magnified when conditioned upon the relative costs of the appeal. These findings provide one of the first detailed examinations of litigant status and appeals coming from US trial courts and, simultaneously, offer the first empirical evidence to date that business litigants, like previously known government parties, are advantaged over individuals when deciding whether to appeal.     

‘The time of storms’: managing bourgeois girls’ puberty in France, 1800–1870

This article examines the medical literature published in France in the period 1800–1870 on the subject of puberty and menstruation to argue that, in conjunction with the extension of school life for bourgeois girls, the period saw the emergence of a distinctive conception of feminine adolescence that pre-dates the better-known concepts articulated in the late nineteenth century. It goes on to look beyond the scientific discourse to ask what impact this new medical understanding had on the management of girls’ puberty, examining first the way it affected school practice, before using a detailed case-study of the life of Solange Dudevant to highlight the ways in which medicalised understandings of puberty and menstruation co-existed with other forms of knowledge.     

Reflexivity,participatory art,and the failures of monist representation

ABSTRACT

This essay engages in a dual-disciplinary theorizing of reflexivity as response to crises of democratic representation. We trace this crises through the parallel lenses of democratic theory and art history. As political theorists explore alternative representations of ‘the people,’ contemporary artists have developed their own responses to the crisis of monist representation. In both state institutions and in participatory art – and in the theorizing of both – we find the rejection of monist representations of ‘the people’ and the embracement of pluralist, partial, and proximate representations. These public reflexive spaces give voice to new, partial publics, and call attention to past and present exclusions.     

Presentence Reports

This study investigated the use made by judges of background information provided in presentence reports in reaching their sentencing decisions. The presentence reports were furnished in a number of modified forms during an experimental manipulation in a real-life setting. By obtaining judges' provisional decisions during their reading of the report, along with their indications of what they found useful, the influence of different sections of information in the report was determined. All sections. were used by judges to some extent. The recommendation section was analyzed in some detail; while there was high agreement between the probation officer's recommendation and the judge's final disposal, judges tended to rate the recommedation low in terms of usefulness. However, analysis of changes to intended disposals, which occurred during reading of the reports, indicated that these recommendations were in fact quite influential, and even when there was not perfect agreement the recommendation produced a high frequency of shifts in the final disposal, bringing it closer to the recommendation than a preliminary decision had been. Reasons for these inconsistencies are considered in terms of the different methods used.     

The relationship between trauma and violence in a jail inmate sample

Research suggests there is a link between trauma and violence, although the nature of the relationship is rather equivocal. This study explored this relationship by examining self-reported trauma as a predictor of self-reported violence in 93 jail inmates. Ninety-six percent of the sample reported experiencing a traumatic event, and 67% reported having been violent during the year preceding incarceration. Inmates reporting trauma were more than twice as likely to report having been violent than nonviolent. Stepwise multiple regression analyses suggested traumatic events, as a combined model, significantly contributed to violence perpetration. In addition, witnessing serious violence predicted perpetration of violence. Implications and limitations of the present study are discussed.