Domestic judicial defiance and the authority of international legal regimes

Tensions and occasional overt defiance of international courts suggest that compliance with international regimes is not a self-evident choice for domestic judges. I develop a formal theory of domestic judicial defiance in which domestic and supranational judges vie for jurisprudential authority in a non-hierarchical setting. The model emphasises the role of domestic non-compliance costs and power asymmetries in determining the conduct of domestic and international judges. I argue that the EU represents a special case of a particularly effective international regime. Weak domestic courts have little to gain from an escalated conflict with the European court of Justice. But even domestic judicial superpowers like the German Federal Constitutional Court have strong incentives to seek mutual accommodation with European judges. The analysis also yields new insights into concepts, such as “judicial dialogue” and “constitutional pluralism” that have featured prominently in the legal literature, and suggests new hypotheses for empirical research.     

Field testing of collection cards for Cannabis sativa samples with a single hexanucleotide DNA marker

The validity and feasibility of using DNA collection cards in the field for preservation and analysis of Cannabis sativa genotypes were investigated using a highly specific hexanucleotide marker. Collection cards were submitted to the National Marijuana Initiative, which selectively trained and managed the collection of specific types of samples from a variety of participating agencies. Samples collected at seizure sites included fresh marijuana leaf samples, dried "dispensary" samples, U.S. border seizures, and hashish. Using a standardized PCR kit with custom-labeled oligonucleotide primers specific to marijuana, collection cards produced eight genotypes and 13 different alleles, extremely low baselines, and no cross-reactivity with control plant species. Results were produced from all sample types with the exception of hashish. Plant DNA collection cards represent an easily implementable method for the genetic identification and relatedness of C. sativa street and grow site-seized samples with applications for databasing and market disruption.     

The Interpersonal Style and Complementarity Between Crisis Negotiators and Forensic Inpatients

Previous negotiation research has explored the interaction and communication between crisis negotiators and perpetrators. A crisis negotiator attempts to resolve a critical incident through negotiation with an individual, or group of persons in crisis. The purpose of this study was to establish the interpersonal style of crisis negotiators and complementarity of the interpersonal interaction between them and forensic inpatients. Crisis negotiators, clinical workers and students (n = 90) used the Check List of Interpersonal Transactions-Revised (CLOIT-R) to identify interpersonal style, along with eight vignettes detailing interpersonal styles. Crisis negotiators were most likely to have a friendly interpersonal style compared to the other non-trained groups. Complementarity theory was not exclusively supported as submissive individuals did not show optimistic judgments in working with dominant forensic inpatients and vice versa. Exploratory analysis revealed that dominant crisis negotiators were optimistic in working with forensic inpatients with a dominant interpersonal style. This study provides insight into the area of interpersonal complementarity of crisis negotiators and forensic inpatients. Whilst further research is required, a potential new finding was established, with significant ‘similarity’ found when dominant crisis negotiators are asked to work with dominant forensic inpatients.     

When second best is good enough: a comparison between a true experiment and a regression discontinuity quasi-experiment

In this paper, we compare the results from a randomized clinical trial to the results from a regression discontinuity quasi-experiment when both designs are implemented in the same setting. We find that the results from the two approaches are effectively identical. We attribute the comparability in part to recent statistical developments that make the model required for the analysis of data from a regression discontinuity design easier to determine. These developments make an already strong quasi-experimental design even stronger.     

Students and Perceived School Safety: The Impact of School Security Measures

Although secondary school violence has actually decreased, public concern over student safety is still prevalent. One response to publicized school violence has been the implementation of security measures (metal detectors, cameras) and policies (visitor sign in, locked doors). While these changes may decrease school violence, little research has examined the effect these security measures have on student perceptions of school safety. Utilizing the National Longitudinal Study of Adolescent Health (AddHealth), this study found that metal detectors and the number of visible security measures employed in school were associated with a decrease in student reports of feeling safe. Students who were male, White, had higher GPAs, and reported feeling safe in their neighborhood were more likely to report feeling safe at school, while those who experienced prior victimizations, had larger class sizes, and who attended schools that had disorder problems were more likely to report not feeling safe at school.     

Behind closed doors: the effect of pretrial publicity on jury deliberations

Abstract

Effective treatment of aggressive behaviour and accurate release decision making are necessary components of adequate clinical practice in forensic psychiatric units. Unfortunately, methods to identify treatment targets and ameliorate aggressive behaviour have developed at a slower pace than risk assessment technologies. Recent progress on the identification of offence paralleling or functionally equivalent behaviour offers a framework for individually tailored treatment and idiographic release decision making, although empirical scrutiny of this approach is inadequate. This paper describes an examination of the relationship between aggressive behaviour prior to admission with aggression during inpatient psychiatric treatment, and reconviction for violent offending following discharge. Results showed a relationship between pre- and post-admission aggression but no relationship between aggression during inpatient psychiatric treatment with either pre-admission aggressive behaviour or violent recidivism. These findings indicate the importance of state psychological variables, specifically those states affected by symptoms of psychiatric illness, as well as environmental activators and inhibitors of violence that operate within the hospital. These require inclusion in an adequate functional analysis of aggressive behaviour for forensic psychiatric patients.     

Bridging between Myanmar and international society – Japan's self-identity and kakehashi policy

Abstract

Numerous academic works have critiqued Japan's Official Development Assistance (ODA) programme for being mercantilist and failing to promote democratization and human rights (Orr 1990; Rix 1993; Arase 1995, 2005). Such accounts assess Japan's ODA policy from Western theoretical perspectives that advocate Western approaches, such as military and economic interventions to contain repressive states. While receptive to these criticisms, Japanese policy-makers have perceived their country's international role in ‘bridging’ (kakehashi) terms and structured their ODA accordingly, as this paper details in the case of Japan's ODA policy towards Myanmar. ¹ 1. Myanmar is used throughout this paper in place of Burma in line with the preference of the Japanese government. Burma is employed when referring to events prior to 1989. The rationale behind Japan's kakehashi approach lies in the construction of Japan's self-identity as a state able to reenter international society after World War II through focusing on economic development rather than military and coercive action. Proponents of the kakehashi approach construct Japan both as a model of successful democratization through development which other states can learn from, as well as the means through ODA to ‘bridge’ the divide between repressive regimes and liberal democratic capitalism. This critical approach examines Japan's kakehashi or bridging strategy in terms of Japan's response to the anti-government protests in September 2007, Cyclone Nargis in May 2008, and in the build up to parliamentary elections in November 2010 in Myanmar to demonstrate the permanence of this approach in spite of a change of government in Japan. In so doing, the kakehashi approach reveals opportunities to engage with, rather than contain, repressive regimes, thereby raising the possibility of enticing such states back into international society though economic incentives.     

Research on African Women since 1972: A Commentary

This article discusses several problematic aspects of the call for reparations to Africa for the slave trade. The call for reparations is based on questionable interpretations of international law, and questionable interpretations of history. There are debates regarding both the numbers of slaves, and the characteristics of slavery, in the Americas, the Arab world, and Africa itself, which influence consideration of whether reparations are justified. There are also debates regarding both the contribution of the trans-Atlantic slave trade to Western development, and how the trade under-developed Africa. Thus, the call for reparations is heavily based on a counterfactual approach. Nevertheless, serious discussion of whether the West owes reparations to Africa for the slave trade might deflect the future consequences of political resentment of the West in Africa.