Comparative proportionality review: A nationwide examination of reversed death sentences

A required part of the appellate review of death sentences in many capital punishment jurisdictions is comparative proportionality review. This procedure requires the court to compare the death sentence under review with sentences in similar cases to determine whether it is excessive. This article examines those death sentences from across the country that have been reversed on comparative proportionality grounds. Relatively few death sentences have been reversed on these grounds, and the number of reversals is decreasing. The reviews that reverse sentences infrequently compare only to other death sentences, commonly use a method that requires more than a mere common aggravating factor for selecting comparison cases, and rarely use the frequency method of comparative proportionality review.     

Industrial practices of research conversion and technology transfer

The conversion of R&D into commercial new products has long been considered a basic tenet of industrial innovation and competitiveness. This paper describes the key variables that affect the successful commercialization of new technologies in industrial companies. Drawing on the authors' own research and consulting experience with hundreds of US and foreign companies, the paper examines the more effective practices, identifies key barriers and problem areas, and provides some conclusions and implications for practicing managers.     

Adult Education Policy Formation and Implementation: A Global Perspective

Adult education policies around the world during the post-World War II period owe a debt to UNESCO (United Nations Educational, Scientific, and Cultural Organization) both in their conception and implementation. Four UNESCO-sponsored world conferences on adult education (UNESCO, 1949; UNESCO, 1963; UNESCO, 1972; UNESCO, 1985) and several other conference reports and surveys (Bhola, 1989b; Lowe, 1982; UNESCO, 1976) have contributed to adult education as an area of study, as a progressive movement in its own right and in developing adult education throughout the Third World, an area of special, but not exclusive, interest in this paper.     

The Teamsters, the White House, the Labor Department

This paper examines the instrumental networks established between organized criminals and national politicians. Its major focus centers on the International Brotherhood of Teamsters, the Department of Labor, and the Reagan Administration. We explore the organized crime influence that affected President Reagan's selection of Raymond Donovan as Secretary of Labor. The choice of Donovan resulted in several related investigations into Donovan's association with organized criminals primarily in the construction industry in New Jersey and New York. We explain and critique the investigations thereby establishing the instrumental quality of the networks and the politics of law enforcement. This revised version was published online in July 2006 with corrections to the Cover Date.     

Environment and global trade

He has written widely on international trade policy.     

Group-specific component imaging from trace material using isoelectric focussing and electroblotting

GC-subtyping was carried out on blood stains, that had been made on glass and stored under room temperature-conditions. Using isoelectric focusing in polyacrylamide gel, followed by transfer to nitrocellulose membrane by semi-dry-electroblotting and detection with enzyme-linked antibody complex the GC-detection was possible even after 64 days. Methodical problems are discussed.     

Liberalism and Legal Moralism: The Hart-Devlin Debate and Beyond*

Abstract. The legitimate impact of common morality on legal restrictions has been continuously discussed within the Western philosophy of law since Lord Patrick Devlin in the late 1950s presented his moralistic arguments against some liberal conclusions drawn by the English Committee on Homosexual Offences and Prostitution in their public report. Devlin's arguments were subsequently identified and refuted by Richard Wollheim, H. L. A. Hart and Ronald Dworkin, but in a way that later provoked further argument. In particular the attack against anti-moralistic principles set forth by Simon Lee (1986) owes much to the rather naive liberalism represented by the opponents of Devlin. The battle over liberalism and moralism from the Hart-Devlin debate to the present day is reviewed. In addition to the discussion of the philosophers mentioned above, a potential flaw in the argumentation of Joel Feinberg (1986) is considered.     

Judicial Power in Russia: Through the Prism of Administrative Justice

This article assesses the power of judges in Russia (on courts of general jurisdiction, arbitrazh courts, and military courts) in dealing with cases in which the government or one of its officials is a party. Power, that is, the resources of judges to make binding decisions, is understood as including jurisdiction, discretion, and authority to ensure compliance. The article analyzes the dramatic growth of jurisdiction and caseload in administrative justice in post-Soviet Russia to the year 2002 and examines how the courts have performed in handling the review of actions by officials (including in the military), tax cases, electoral disputes, and the legality of normative acts (both regulations and laws of lower governments), especially in the late 1990s. High rates of success for persons bringing suits against the government suggest that judges were able by and large to adjudicate fairly and rule against the state. To a considerable degree (but not always), those decisions were implemented (more often than were constitutional and commercial decisions). Interestingly, citizens who challenged the actions of officials in court had much more success than those who brought complaints to the Procuracy. Finally, the article develops an agenda for future research that would deepen understanding of the significance of administrative justice in the Russian Federation and the power of judges.