United in Diversity? Asymmetry in Indian Federalism

Many studies highlight constitutional asymmetry as a desirablefeature of federal systems in multinational countries. Thisarticle looks at India which, mainly because of the specialprovisions for Kashmir in the 1950 constitution and the statusof newer small states in the north-east, is generally describedas asymmetrically federal. I show that, while India exhibitsconsiderable de facto asymmetry, asymmetry in the constitutionalpowers granted to individual states has (i) not been importantfor India's ability to ‘hold together’ as oftenassumed and (ii) not entailed special protection of culturalor national minorities. I thus cast doubt on the normative politicalphilosophy, particularly informed by Canadian and Spanish debates,that advances the idea of asymmetrical federalism as a modelof governance in potentially divided societies.     

The trade in people in and from the former Soviet Union

This paper focuses on the trafficking and smuggling of human beings fromand through the former Soviet Union. It explores the reasons for the risein the illegal movement of people; the groups which facilitate it; the demographics of the people who are moved and the business side, includingthe profits, the disposition of profits and the use of corruption to facilitatethe trade. With the disintegration of state control over national territory, this mass movement of people often violates national laws and the national sovereignty of the countries of the Soviet successor states and the countrieswhere the former Soviet citizens move illegally. The paper concludes that thistrade mirrors and contributes to the overall downward development of thepost-Soviet economies. In contrast, a comparative look at the respective Chinese developments indicates that trade in human beings tends to facilitatethe growth of both the Chinese legitimate and illegitimate economies.     

An investigation of bulk and surface refractive indices for flat window glasses,patterned window glasses and windscreen glasses

The bulk and surface refractive indices have been measured for 20 float window glasses, 20 non-float window glasses, 20 patterned window glasses and 20 toughened float windscreen glasses.The refractive index of the tin-contact surface of the float glasses was always greater than that of the bulk, typically by 0.002 (range 0.00053–0.00307). In contrast the refractive indices of the two surfaces and the bulk of the sheet window glasses were in agreement within accepted experimental error in each case. A number of patterned window glasses showed significantly different refractive indices between the plain and patterned surfaces, the largest difference obtained (0.00021) being an order of magnitude smaller than that found for a typical float glass.Nine of the 40 float glasses examined yielded abnormal fragments from the upper surface in the sense that they did not disappear at the match temperature of the bulk glass. The refractive index measured from these abnormal fragments for two of these glasses was lower than the refractive index from the bulk glass.The variation in the bulk refractive index for the sheet and float window glasses produced an estimated standard deviation (E.S.D.) of 1.2 × 10^?5. However, the patterned glasses were nearly three times as variable (E.S.D. = 3.3 × 10^?5) and the toughened float glasses were, on average, almost seven times as variable (E.S.D. = 8.0 × 10^?5).The value of making surface as well as bulk refractive index measurements in routine casework is discussed in the light of the above results.     

A multivariate investigation of dating aggression

This study investigated the following variables for their unique and combined contributions to dating aggression: exposure to aggression in the family of origin (witnessing interparental aggression or being the victim of aggressive parenting); attitudes justifying dating aggression (when humiliated or in selfdefense); child-to-parent aggression; child sexual abuse; violent sexual victimization; alcohol use; and socioeconomic status. One hundred and eleven male and 179 female undergraduates reported on their own aggressive behaviors directed toward dating partners. Together, the predictor variables accounted for 41% of the variance in male-to-female aggression but only 16% of the female-to-male aggression. Humiliation, as a justification for dating aggression, contributes to the prediction of both males' and females' dating aggression, while self-defense, although a highly endorsed condition for justifying dating aggression, does not predict actual aggressive behavior. Exposure to interparental aggression plus the product between exposure and humiliation contribute to the prediction of males' dating aggression but exposure does not play a role in females' dating aggression. Violent sexual victimization contributes unique variance to both males' and females' dating aggression. The present data highlight the importance of examining specific circumstances under which males and females justify dating aggression and how such attitudes condoning aggression affect actual behaviors.     

Affirmed: A Study of Criminal Appeals and Decision-Making Norms in a California Court of Appeal

The work of state intermediate appellate courts is often described as “correcting legal errors” and “supervising” trial courts. But what do these labels mean in practice? This article explores the intermediate appellate process through a study of criminal appeals in a California Court of Appeal. Part I describes the characteristics and dispositions of criminal appeals. Contrary to popular impression, a conviction was reversed in only about 5 percent of these appeals. To explain the low reversal rate, part II draws upon interviews with justices of the Court of Appeal to examine the institutional norms and perspectives guiding the court's decisions. The basic decision norms described by the justices are norms of affirmance: for example, the harmless error rule and the substantial evidence rule incline the court to affirm despite certain legal errors or factual questions. Moreover, the particularistic approach the court typically takes in its decision making apparently sensitizes it to the substantive characteristics prevailing in criminal appeals: the crimes are serious and there is little doubt about factual guilt. The low reversal rate and the analysis of the court's norms suggest that intermediate appellate review of criminal convictions is narrower and more constrained than the “error correction” and “supervision” labels imply. Part III explores the implications of the case study for appellate policy.