Darryl Robinson,Justice in Extreme Cases. Criminal Theory Meets International Criminal Law,Cambridge University Press, 2020, 305 pp

Criminal Law Forum -     

More Than IndyRef2? The Referendums (Scotland) Act 2020

Demands for a second Scottish independence referendum have persisted since 2014. The Scottish government introduced the Referendums (Scotland) Bill at Holyrood in May 2019 to enable referendums within the competence of the Scottish parliament. The Scottish National Party (SNP) government presented this as a framework enabling a range of referendums. Opponents saw this as legislating for a second independence referendum. The act will form a large part of the legal framework and rules for any second independence referendum. Importantly, the legislation provides innovation in electoral law more generally. This article discusses the background to the bill, its initial contents, and debates around and amendments to the bill. It discusses its electoral law innovations, before considering its limitations and place as constitutional debates play out over a second independence referendum.     

Subprime Lending Foreclosures,Crime, and Neighborhood Disorganization: Beyond Internal Dynamics

Research and theorizing about communities and crime has largely focused on internal neighborhood dynamics, to the neglect of factors external to the community that may be important processes in shaping community crime rates. We argue that subprime lending practices and the foreclosures that result may result in higher crime rates. We utilize data from the Summit County Lending Study, the Akron Police Department, and the 2000 U.S. Census to test the hypothesis that subprime lending foreclosures increase crime in urban neighborhoods. We find that subprime lending foreclosures have substantial impact on crime counts, net of controls. We conclude that additional research and theorizing about the role of external factors in the disorganization model is required.     

Rethinking Chile’s ‘Chicago Boys’: neoliberal technocrats or revolutionary vanguard?

The term ‘Chicago Boys’ remains closely associated with the orthodox neoliberal adjustment implemented in Chile by the Pinochet dictatorship. The conventional portrayal of the Chicago Boys is of a group of US-trained, technocratic economists who institutionalised neoliberal principles and technocratic prerogatives in public policymaking in Chile. This article will contend the Chicago Boys were much more than neoliberal technocrats: they were a revolutionary vanguard that designed and led a capitalist revolution and radically altered the material and ideological foundations of the nation.     

What Can We Learn From A Doubly Randomized Preference Trial?—An Instrumental Variables Perspective

The doubly randomized preference trial (DRPT) is a randomized experimental design with three arms: a treatment arm, a control arm, and a preference arm. The design has useful properties that have gone unnoticed in the applied and methodological literatures. This paper shows how to interpret the DRPT design using an instrumental variables (IV) framework. The IV framework reveals that the DRPT separately identifies three different treatment effect parameters: the Average Treatment Effect (ATE), the Average Treatment Effect on the Treated (ATT), and the Average Treatment Effect on the Untreated (ATU). The ATE, ATT, and ATU parameters are important for program evaluation research because in realistic settings many social programs are optional rather than mandatory and some people who are eligible for a program choose not to participate. Most of the paper is concerned with the interpretation of the research design. To make the ideas concrete, the final section provides an empirical example using data from an existing DRPT study.