A higher bar: Institutional impediments to hate crime prosecution

Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified: evidentiary inflation, by which law enforcement uses a higher burden of proof than what is required by statute; loose coupling between police departments and prosecutors' offices; and cultural distance between law enforcement and victims. Findings also reveal that advocacy groups and media can successfully increase the visibility of cases and draw the attention of prosecutors. The findings align with aspects of legal endogeneity theory and enhance our understanding of the role of organizations in constructing the meaning of law. The results also help explain why some laws are rarely enforced, even when they have support from key personnel in an organization.     

Save the kids: The need for regulation of cryptocurrency to protect adolescents from fraud

Cryptocurrency has become the new hot investment for young investors. Everyone wants to get in on the next cryptocurrency bubble, and there are those that want to exploit this excitement and exploit children. Influencers who have young audiences are pushing cryptocurrency investments onto their audiences and not fully educating them on the risks. To avoid this exploitation, The Securities and Exchange Commission should actively regulate decentralized exchanges where children purchase cryptocurrency, put age limit regulations into place, and require know your customer systems to verify that minors are not purchasing cryptocurrency without the consent of a guardian.     

The development and pilot testing of a family treatment court best practices assessment: The model standards implementation scale

In 2019, the family treatment court (FTC) best practice standards (the Standards) were published to clarify attributes of FTC programs associated with superior child, parent, and family outcomes. The Standards cover the breadth of FTC operations including program structure and leadership, substance use treatment and complementary services, and behavioral responses to participants. This study aimed to develop an instrument (the Model Standards Implementation Scale; “MSIS”) that stakeholders can use to assess implementation of the Standards by individual FTCs. The MSIS balances usability with scientific validity. Interrater reliability (IRR), internal consistency, and several types of validity were assessed. Results indicated moderate to strong IRR, high internal consistency, mixed known groups validity depending on Standard, and high convergent and divergent validity. Initial findings suggest good validity and usability of the MSIS for evaluating FTC Standards' implementation. Notably, the process of using the tool functioned to educate FTC team members on the Standards. Although implementation of the MSIS is a resource-intensive process, the opportunity to receive constructive feedback proved to be an effective incentive for initial and subsequent participation in the evaluation among FTCs. Future research is needed to examine predictive validity, including association between Standards' implementation and family outcomes in FTCs.     

Decomposing Audience Costs: Bringing the Audience Back into Audience Cost Theory

According to a growing tradition in International Relations, one way governments can credibly signal their intentions in foreign policy crises is by creating domestic audience costs: leaders can tie their hands by publicly threatening to use force since domestic publics punish leaders who say one thing and do another. We argue here that there are actually two logics of audience costs: audiences can punish leaders both for being inconsistent (the traditional audience cost), and for threatening to use force in the first place (a belligerence cost). We employ an experiment that disentangles these two rationales, and turn to a series of dispositional characteristics from political psychology to bring the audience into audience cost theory. Our results suggest that traditional audience cost experiments may overestimate how much people care about inconsistency, and that the logic of audience costs (and the implications for crisis bargaining) varies considerably with the leader's constituency.     

The Will to Consume: Schopenhauer and Consumer Society

Consumer society has negated Freud's thesis presented in Civilization and its Discontents. The hindrance of desire affirmation is no longer the foundation of discontent. The inverse is now true. A seemingly limitless number of desires have been manufactured and administered with a solitary route to their affirmation via consumption. Because of this, consumer society's members find themselves in a lifeworld of aimless striving, dissatisfaction, disappointment and boredom. I demonstrate that the attempt to flee the sufferings of estranged labour through consumption has pushed consumer society into a new web of suffering brought on by a continual development of manufactured desires, creating a minor yet perpetual pain that is best understood in the light of a sociologized and historicized Schopenhauerian philosophy.     

They Sell Skulls Online?! A Review of Internet Sales of Human Skulls on eBay and the Laws in Place to Restrict Sales

Internet sales of human remains occur despite the existence of laws prohibiting such action in most jurisdictions. The most popular public platform for online sales, eBay, allows users to postskeletal material for sale, largely anonymously and without much fear of legal repercussions. This survey of skeletal sales was conducted 10 years after the first article published about online human remains sales. A review of current laws reveals that, while many states have laws that restrict any sale of human remains, those laws have questionable deterrent effect. Assessing the skeletal material posted for sale provides law enforcement agencies with a necessary starting point to curtail the sale of human remains through enforcement of existing laws. Ultimately, the goal is to stem the commodification of such items and to recover skeletal material, especially that which may be of archaeological or forensic significance, and provide the proper final disposition for such material.     

Frisky business: race,gender and police activity during traffic stops

European Journal of Law and Economics - Since the United States Supreme Court laid the foundation for “stop-and-frisk” activity by police departments, a substantial amount of research...     

Japan's new electoral system:: la plus ça change . . .

We examine the impact on parties and candidates of Japan's new electoral rules, first used in the 1996 House of Representatives election. We argue that the Japanese rules, which not only permit dual candidacy but also allow votes cast in the single member district (SMD) portion of the race to allocate proportional representation (PR) seats to dual candidates, effectively defeat the purposes of electoral reform. The new arrangement transforms PR representatives into locally-based politicians who will rely on personalistic rather than party-based or programmatic campaigning, effectively converts single-member districts back into the multi-member districts of the past, enhances incumbency advantage, and will push the ratio of candidates to seats down as low or even lower than before.