Anglicizing the United States Constitution: James Bryce's Contribution to Australian Federalism

James Bryce's analysis of American federalism made it possiblefor the Australian founders to reproduce federal institutionson the American model without replicating the republican andempirical ideas that underpinned them in the United States Constitution.Bryce's account in The American Commonwealth (1888) appealedto Australia's founders because it was suited to their needs.Bryce was English, and, like a sensible nineteenth-century Englishman,he argued that U. S. institutions had little to do with intellectualproduct. Instead, they were largely English institutions adaptedto American purposes. Reading Bryce, Australia's founders assumedthat if federal institutions had little to do with abstracttheory, and had simply been adapted to American circumstances,they might also be adapted to Australian circumstances. Thus,Bryce's approach to American federalism allowed Australia'sfounders to substitute their own colonial tradition of parliamentarydemocracy under the Crown for the republican principles of rightsand the separation of powers that underlie the U.S. Constitution.     

Murder, Nonnegligent Manslaughter, and Spatial Autocorrelation in Mid-South Counties

In this paper we explore to what extent county murder and nonnegligentmanslaughter rates in the midsouth are spatially autocorrelated, usinga variety of spatial autocorrelation tests. The data are 3-year averages ofUCR murder and nonnegligent manslaughter rates from the 383 midsouthcounties. Moran's I statistics show a statistically significant amountof spatial autocorrelation in the murder and nonnegligent manslaughter ratesamong the 383 midsouth counties. G statistics, however, fail to detect aglobal pattern in this region. We also compute G _i statistics and localMoran's I statistics with these data and detect some patterns oflocalized spatial autocorrelation. We estimated and compared an MLE spatiallag model and an OLS model with constructs informed by socialdisorganization theory. The regression analysis failed to detect anysignificant spatial effects for the midsouth counties.     

Guardianship for your own good: Improving the well-being of respondents and wards in the USA

Adult guardianship is a coercive exercise of the state's power over an innocent individual, justified only by: 1) the ward's incapacity; and 2) the need to protect the ward's well-being. The raison d'être of guardianship is to improve the well-being of the incapacitated ward. Studies of actual guardianship proceedings have long indicated serious ongoing concerns with the process. Repeated revisions of statutes have attempted to improve guardianship procedures, with some success. However, relatively little attention has been paid to the actual effect of guardianship on the well-being of respondents and wards, when the system functions as intended. The presumption that guardianship, when not abused, is in the best interests of an incapacitated adult is called into serious question by empirical research into the role of internal locus of control and autonomy on human well-being. Indeed, a wide range of data indicates that guardianship itself can have significant negative effects on the physical and mental well-being of respondents and wards. The guardianship system must be reformed to maximize the therapeutic effects of guardianship and to minimize the unnecessarily anti-therapeutic effects. I examine the effects of guardianship from a therapeutic jurisprudence perspective and propose and analyze modifications that could enhance the therapeutic effects of guardianship.     

The intersection of genes and neuropsychological deficits in the prediction of adolescent delinquency and low self-control

Gottfredson and Hirschi's A General Theory of Crime, Moffitt's developmental taxonomy theory, and Caspi et al.'s Gene x Environment study are three of the most influential pieces of contemporary criminological scholarship. Even so, there has been little attempt to integrate and empirically assess these three perspectives simultaneously. This article addresses this gap in the literature by analyzing phenotypic and genotypic data from the National Longitudinal Study of Adolescent Health (Add Health). The results revealed that all three perspectives have considerable empirical support, where neuropsychological deficits interact with the MAOA genotype to predict adolescent delinquency and levels of self-control for White males. The theoretical implications of the findings are noted.     

Convergence or path dependency in policies to foster the creation of university spin-off firms? A comparison of France and the United Kingdom

This paper examines attempts by French and UK governments to fill the gap between the US and Europe with respect to the creation of academic spin-offs. Analysis of the contrasting cases of the UK and France, shows that there is no convergence of national policies to foster the creation of firms by academics. Rather, the two countries demonstrate different rationales and approaches to policy in this area. In UK, the rationale for spin-off policy is mainly to develop a third stream of financing. Spin-offs are a part of a policy to commercialize technology and knowledge created by universities. Policy is at the university level, leading to the creation of diverse structures. Public schemes bring public money directly to universities. In France, the rationale for policy towards the creation of new ventures by academics is the development of high technology new ventures as part of a technological entrepreneurship policy. The notion of a third stream of financing for universities is an argument that is never advanced. The UK has placed the universities at the heart of policies aimed at the creation of spin-offs, this is not the case in France.     

Academic entrepreneurship and business schools

In this paper, we employ resource-based and institutional theories to examine the current role of business schools in academic entrepreneurship. In particular, we seek to identify and understand the challenges to business schools contributing to the transfer of knowledge to enable academic entrepreneurship. Employing a case-based method, we present evidence from 42 interviews with technology transfer officers (TTOs), business school deans, business school entrepreneurship faculty and scientists in eight UK universities. Our empirical analysis is focused on analyzing the challenges arising from the links between business schools and three other principal stakeholders of academic entrepreneurship (i.e., the university management, TTOs and academics in science departments). The findings suggest that in addition to concerns about the nature of their human capital, the ability of business schools to fill knowledge gaps in the development of academic entrepreneurship is constrained by the institutional structures of universities which influence: the strategies of the university and the business school; links between business schools, TTOs and scientists; and process issues relating to differences in language and codes, goal differences, incentives and rewards, expertise differences and the content of interactions. We conclude that if business schools are to play a more prominent role in academic entrepreneurship there is a need to develop internal university processes and policies that promote rather than hinder internal knowledge flows between business schools, TTOs and science departments.     

International Legal Rulings on Lustration Policies in Central and Eastern Europe: Rule of Law in Historical Context

The transitional justice literature highlights various trade-offs involved in the choice and implementation of lustration as a transitional justice measure in Central and Eastern Europe. This article examines how international legal body rulings on lustration laws have interpreted rule-of-law versus justice concerns. The European Court of Human Rights and the International Labour Organization have explored possible information problems, due process violations, employment discrimination issues, and bureaucratic loyalty concerns within the context of lustration. Three findings emerge from their legal rulings. First, contrary to popular notions, international legal bodies are not antilustration. The institutions are engaging with questions regarding the fair implementation, not the legality, of lustration laws. Second, the prioritizing of justice concerns during the transition efforts is highlighted as a way to lay a strong democratic foundation. Third, the organizations have emphasized the importance of placing rule of law in historical context, thereby situating post-Communist societies within other posttotalitarian regime-building narratives.     

The measurement of psychopathy: dimensional and taxometric approaches

This article extends the debate over personality disorders as dimensional or taxonic phenomena to the study of psychopathy and relates this issue to questions surrounding whether behaviors or personality traits best represent psychopathy. Proponents of dimensional measurements of psychopathy consider personality traits to be important constructs of psychopathy, whereas proponents of taxometric measurements consider behaviors to be important characteristics of psychopathy. After a brief introduction to the measurement of psychopathy, taxometric and dimensional measurement techniques are explained, their assumptions addressed, and their strengths and weaknesses discussed. Empirical evidence for each technique is then critiqued, and methodological problems are described. It is argued that methodological problems of existing studies largely preclude conclusions regarding whether psychopathy is dimensional or taxonic. Suggestions for future research are provided to address some of these methodological limitations. This review informs readers about each measurement approach and identifies problems regarding the dimensional or taxonic measurement of psychopathy.     

In-Group Love Versus Out-Group Hate: Which Is More Important to Partisans and When?

Political Behavior - Recent evidence indicates that partisans discriminate against those from the opposing party. However, it is still unclear whether partisan out-group prejudice reveals a desire...