Environmental liability and harmonization in the presence of transboundary effects and hidden assets

Within the context of transboundary disputes, this paper seeks to determine which liability concept, negligence or strict liability, performs better when assets are secure against foreign claims for transboundary damages. Our results indicate that, if assets are hidden from foreign claims, strict liability will not implement the socially optimal outcome, but neither will negligence. However, even though the socially optimal outcome is not always achieved, strict liability weakly dominates negligence. These results suggest that the harmonization of statues that deal with transboundary pollution should be based on strict liability not negligence. JEL classification K32 · Q5 Smith and Eckert both thank SSHRC of Canada for financial assistance. We thank two referees for valuable comments that greatly improved the paper and Matt Smith for his research assistance. All remaining errors are our responsibility.     

Zur jagdrechtlichen Untersagung einer Rotwildfütterung im Schutzwaldbereich eines Bergwaldes wegen Verbissschäden. Schutzfunktion des Bergwaldes

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Zu den Anforderungen an die Festsetzung von Flächen, die frei von jeglicher Bebauung zu halten sind

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Beliefs About Wife Beating Among Arab Men from Israel: The Influence of Their Patriarchal Ideology

Despite the recent increase in public and professional interest in the problem of wife beating in Arab society, in Israel, and in the rest of the Arab world, there is a serious lack of empirical research on different dimensions of the problem in those societies. This paper presents the results of a survey conducted among a systematic random sample of 362 Arab husbands from Israel, in an attempt to examine the contribution of patriarchal ideology toward explaining their beliefs about wife beating. Although about 58% of the participants indicated that there is no excuse for a man to beat his wife, 15–62% still justified wife beating on certain occasions (e.g., adultery, failure to obey husbands, disrespect for parents and relatives). In addition, although the participants tended to perceive abusive and violent husbands as responsible for their behavior, 52% still expressed understanding of that behavior and, on some occasions, 23–43% even blamed the wife for violence against her. Regression and multiple regression analyses revealed that over and above the participants' age and level of education, their masculine sex-role stereotypes, negative and traditional attitudes toward women, nonegalitarian marital role expectations, and familial patriarchal beliefs were the most significant predictors of beliefs about wife beating. Implications of the results and limitations of the study are also discussed.     

Dirty tricks of cross-examination

A mock jury study was conducted to test the hypothesis that perceptions of a witness can be biased by presumptuous cross-examination questions. A total of 105 subjects read a rape trial in which the cross-examiner asked a question that implied something negative about the reputation of either the victim or an expert. Within each condition, the question was met with either a denial, an admission, or an objection from the witness's attorney. Results indicated that although ratings of the victim's credibility were not affected by the presumptuous question, the expert's credibility was significantly diminished—even when the question had elicited a denial or a sustained objection. Conceptual and practical implications of these findings are discussed.This research was supported by funds provided to the first author by the Bronfman Science Center.     

The relationship between education, experience, and police performance

This study used data from 299 police officers from 12 municipal police departments across the state of Virginia to determine the relationship between education and police performance. Performance was measured by supervisor evaluations of each officer's overall performance, communication skills, public relations skills, report writing skills, response to new training, decision making ability, and commitment to the police department. Significant correlations were found between education and most measures of performance. Most importantly, the results show a significant correlation between overall performance and education (r=24, p.<001). The only variables not proving to be significantly related to education were objective measures of the volume of arrests, number of times the officer required discipline, and number of accidents. Interestingly, the benefits of a college education do not become apparent until police officers gain experience. In addition, police, officers with only a high school diploma decreased in overall performance after five years of experience.     

Forensic neuropsychology and the criminal law

This article explores theoretical and empirical issues in the application of clinical neuropsychological evidence to forensic issues in the criminal law. The nature of forensic neuropsychological evaluations is discussed with reference to issues of competency to stand trial, criminal responsibility, and other competencies in the criminal process. Examples of specific disorders relevant to criminal law standards are presented, together with data estimating the prevalence of brain dysfunction in criminal and forensic populations. Research is also reviewed on the role of neuropsychological brain dysfunction in the etiology of violence and criminally relevant behavior. Finally, empirical and ethical issues concerning the applicability and admissibility of forensic neuropsychological data in the criminal context are discussed.