Delegation as a Source of Law

The status of delegation as a strictly institutionalized source of law is controversial. In this article, we examine some instances of delegation, in order to explore their claim to be independent and strictly institutionalized sources of law. We consider primarily the instances of labour arbitration and of mediation. Our conclusion is that there is no straightforward answer in either instance to the question whether they constitute sources of law, although the claim of arbitration is strong and that of mediation is weak. We argue that the controversial character of delegation as a source of law is therefore to be expected, given its ambivalent character, and that in exploring the reasons for this ambivalence much can be learnt about the concept of a strictly institutionalized source of law.     

The counterfactual fallacy: Confusing what might have been with what ought to have been

The thesis of this article is that reactions to misfortunes are often biased by the counterfactual fallacy: the tendency to view events that can easily be imagined otherwise as events that ought not to have been. Drawing upon a diverse set of empirical findings we demonstrate that victims' and observers' reactions to misfortunes depend on the extent to which the event prompts them to generate counterfactual thoughts or images of more positive alternatives. We discuss the factors that determine the ease with which a negative event can be imagined otherwise, along with their relevance to a variety of justice-relevant responses, including perceptions of deservingness, recommendations for compensation, and blame assignment.     

Population density and assaults in jails for men and women

Jail populations and capacities are increasing across the United States. Such increases raise questions about the potential for increased violence in crowded jails, such as those in Dade County, Florida. The study uses incident reports for the Dade County Jails Pretrial Detention Center (PTDC) for men and the Women’s Detention Center (WDC) for the year 1984. Assaults are examined in relation to total population, density by floors and total facility, and for the race/ethnicity and age of inmates. Findings show that density alone, or “crowding,” has the greatest effect on the number and rate of assaults. Neither age nor race/ethnicity appear to be significantly related to assaults, except in the WDC for white inmates. For both facilities assaults appear to decline when Black inmates are predominant in a living area and rise when whites predominate. The reasons for this phenomenon are not entirely clean. The author acknowledges the assistance of the administration and staff of the Dade County Department of Correction and Rehabilitation in the collection of these data. Kris Siddharthan, Department of Health Services Administration at FIU, and Ray Surette of the Criminal Justice Department, reviewed and made helpful comments regarding the paper.     

Policy and Organizational Change in the Federal Aviation Administration: The Ontogenesis of a High‐Reliability Organization

Although the high‐reliability organization (HRO) literature identifies several attributes that differentiate HROs from other types of organizations, these studies do not explain how an HRO comes into being, nor do they provide a means to gauge or measure the extent to which an organization exhibits the specified features. This article reports the results of a 97‐year longitudinal case study tracking the emergence and continuation of HRO characteristics in the Federal Aviation Administration’s air traffic control operations to answer the following questions: how do HRO functions emerge in public organizations, and do policy changes lead administrative changes, or is there little relation between policy and organizational change? The analysis shows that (1) HRO characteristics emerged incrementally over an extremely long period of time, and (2) policy changes preceded organizational changes early in the process of HRO development, but the relationship of policy change to organizational change decreased in later stages.     

Mental health in violent crime victims: Does sexual orientation matter?

The present study investigates victim sexual orientation in a sample of 641 violent crime victims seeking emergency medical treatment at a public-sector hospital. Victim sexual orientation was examined as it: (a) varies by type of violent crime and demographic characteristics, (b) directly relates to psychological symptoms, and (c) moderates the relationship between victim and crime characteristics (i.e., victim gender, victim trauma history, and type of crime) and psychological symptoms (i.e., symptoms of acute stress, depression, panic, and general anxiety). Results showed that lesbian, gay, bisexual, and transgender (LGBT) victims were more likely to be victims of sexual assault. Heterosexual victims were more likely to be victims of general assault and shootings. LGBT victims demonstrated significantly higher levels of acute stress and general anxiety. Moreover, victim sexual orientation moderated the association of type of crime with experience of panic symptoms. Also, victim sexual orientation moderated the relation of victim trauma history and general anxiety symptoms. Results are discussed in relation to victimization prevalence rates, sexual prejudice theory, and assessment and treatment of violent crime victims.     

Lessons from Roman law: EU law in England and Wales after Brexit

ABSTRACT

The experience of Roman law in legal education in England and Wales may serve as a cautionary tale for EU law post-Brexit. Similarly, past debates as to the position of Roman law in the curriculum may also be instructive in the EU law context. After tracing the history of the teaching of Roman law in England and Wales, this article posits first that the factors that appear to have caused the decline of Roman law could apply equally in the context of EU law. Secondly, based on both pragmatic and liberal education arguments that have historically been proffered for the study of Roman law, it advances arguments for the retention of a compulsory stand-alone EU law module in England and Wales after Brexit. To this end, the paper contends that the arguments for the retention of EU law in legal education are more robust than those asserted traditionally in favour of Roman law.