The Influence of Congressional Preferences on Legislative Overrides of Supreme Court Decisions

Studies of Court–Congress relations assume that Congress overrides Court decisions based on legislative preferences, but no empirical evidence supports this claim. Our first goal is to show that Congress is more likely to pass override legislation the further ideologically removed a decision is from pivotal legislative actors. Second, we seek to determine whether Congress rationally anticipates Court rejection of override legislation, avoiding legislation when the current Court is likely to strike it down. Third, most studies argue that Congress only overrides statutory decisions. We contend that Congress has an incentive to override all Court decisions with which it disagrees, regardless of their legal basis. Using data on congressional overrides of Supreme Court decisions between 1946 and 1990, we show that Congress overrides Court decisions with which it ideologically disagrees, is not less likely to override when it anticipates that the Court will reject override legislation, and acts on preferences regardless of the legal basis of a decision. We therefore empirically substantiate a core part of separation‐of‐powers models of Court–Congress relations, as well as speak to the relative power of Congress and the Court on the ultimate content of policy.     

Mad Men in Bib Overalls: Media’s Horrification and Pornification of Rural Culture

The media play a key role in stereotyping as “ignorant and uncouth hillbillies” people who live in rural US communities. As well, since the early 1970s, popular films frequently portray rural areas as dangerous locations, places where urban people are at high risk of being savagely killed and tortured by demented, in-bred locals without conscience or constraint. Further, with the advent of the Internet, rural women continue to be depicted in a degrading, highly sexualized manner and “gonzo” pornographic videos of them are widely and freely accessible. Informed by feminist and cultural criminological modes of inquiry, this paper presents some exploratory research on rural horror films and pornographic videos. A key argument is that with the help of new information technologies, these media are normalized, mainstreamed, and contribute to the horrification/pornification of rural culture, and by doing so, mask the real issues about crime, violence, and gender relations in the rural context.     

Examining the prevalence and correlates of a ‘senior citizen discount’ in US federal courts

Few studies focus on age as a factor influencing judicial decision-making, in spite of the widespread use of age as a control variable. Although the limited research to have done so is inconsistent, most scholars agree that age may be race- and/or gender-graded in a manner that produces more severe sentences for certain race–gender–age combinations, especially for young males who are Black or Latino. Less consensus exists with regard to whether older defendants are granted more leniency in the sentencing process and, if so, if the effects of older age are also race- and/or gender-graded. The present study examines this question by examining data from the United States Sentencing Commission. The data presented reveal three noteworthy findings. First, a ‘senior citizen discount’ exists insofar as judges afford more leniency in sentencing to older offenders than their younger counterparts. Second, compared to older males, older females were treated with greater leniency by judges. Finally, whereas Latinos 60 and over were treated with greater severity at the stage of incarceration compared to similarly situated Whites, Blacks received shorter sentence lengths on average. These results are analyzed within the framework of the focal concerns perspective.     

Real interest rate persistence in South Africa: evidence and implications

The real interest rate is a very important variable in the transmission of monetary policy. It features in vast majority of financial and macroeconomic models. Though the theoretical importance of the real interest rate has generated a sizable literature that examines its long-run properties, surprisingly, there does not exist any study that delves into this issue for South Africa. Given this, using quarterly data (1960:Q2-2010:Q4) for South Africa, our paper endeavors to analyze the long-run properties of the ex post real rate by using tests of unit root, cointegration, fractional integration and structural breaks. In addition, we also analyze whether monetary shocks contribute to fluctuations in the real interest rate based on test of structural breaks of the rate of inflation, as well as, Bayesian change point analysis. Based on the tests conducted, we conclude that the South African EPPR can be best viewed as a very persistent but ultimately mean-reverting process. Also, the persistence in the real interest rate can be tentatively considered as a monetary phenomenon.     

A Safer Method for Body Restoration Following Autopsy

Restoration of autopsy incisions can result in inadvertent needle stick injury to the prosector, which can be difficult to prevent even with the use of personal protective equipment such as Kevlar cut resistant gloves. We present a new technique for closure of autopsy incisions using a commonly available commercial hardware tool, a hole punch with a lever enhanced action, combined with blunt probe sewing, which results in an esthetic and leak‐proof means of restoring cadavers. This technique is especially useful in cases which may pose blood‐borne infection risks to the prosector.     

Acts of Intimate Partner Violence and Feelings of Danger in Battered Women Seeking Help in a Spanish Specialized Care Unit

Acts of violence recounted by 161 female victims of Intimate Partner Violence (IPV) attended at a psychological care service in Spain are presented. The relationship between acts of violence and feelings of danger, childhood abuse, and dyadic adjustment are analyzed. Reported acts of IPV were obtained through a Semi-structured Interview on Domestic Violence; and marital satisfaction was assessed with the Dyadic Adjustment Scale. The results showed women who have felt their lives were in danger are more likely to have been victimized. In addition, women who were both abused by their partner and sexually abuse as children are the ones that perceive more situations of danger in their adult couple relationship. The importance of studying perceived danger and the diversity of IPV experiences are discussed to aid prevention and intervention strategies.     

No More! Women Reporting Intimate Partner Violence in Mexico

An analysis of the National Survey of Violence Against Women (2006) in Mexico was performed to estimate the prevalence and the associated factors of women suffering intimate partner violence (IPV) that report their aggressor by severity of violence. Women aged 15 years or older who reported IPV were analyzed by using logistic regression models. Prevalence of IPV was 33.33 %, 64.11 % of them were classified as non-severe violence (NSV) and 35.89 % as severe violence (SV). Women with SV reported the aggressor more often (24.69 % vs. 6.08 % of NSV). Variables associated with reporting the aggressor for both NSV and SV were having children living in the household, higher socioeconomic status, frequent alcohol consumption by the partner, and health personnel informing women that they were experiencing IPV. We can conclude that a low percentage of women reported IPV. Greater efforts should be made to empower women so they can effectively execute their right to live a life free of violence.     

Explaining the under-performance of the anti-human-trafficking campaign: experience from the United States and Europe

The American and the global campaigns against the trafficking of humans for labor and for sexual exploitation have had more than a decade of time and millions of dollars of support in an effort to suppress trafficking and protect its victims. Four of the six articles in this issue explore the reasons why the campaign in the United States has not had more instrumental success with respect to its prosecution goals. The number of cases brought and convictions obtained are fewer than what might be expected. Most of the cases brought involve sex trafficking. The less than impressive record of enforcement against human trafficking appears to be another example of how even very popular law reforms and crusades can be cooled out by the social realities of the criminal justice system. Sex trafficking cases are difficult to make because the victims are difficult to work with, juries are unsympathetic, and the police, prosecutors, judges have their own priorities. The article on the attempt to eliminate sex trafficking by switching to a policy of regulating prostitution rather than treating it as a crime indicates that policy change did not succeed. An attempt to create an index for assessing the implementation of anti-trafficking programs was successful.