Doing Only One Thing

正Call me a calligraphy and Chinese painting junkie.While other women spend their money on designer clothes and shoes,I spend mine on a painting with avantgarde plum blossoms,a faux Qi Baishi or a misty Yel ow Mountain scene in autumn.So,naturally,when a Chinese calligraphy master invited me to his studio,I was excited.What a treat!My limited exposure to calligraphy up to that point consisted of strolling through the National Art Museum     

Clarity,surprises, and further questions in the Article 29 Working Party draft guidance on automated decision-making and profiling

The Article 29 Data Protection Working Party's recent draft guidance on automated decision-making and profiling seeks to clarify European data protection (DP) law's little-used right to prevent automated decision-making, as well as the provisions around profiling more broadly, in the run-up to the General Data Protection Regulation. In this paper, we analyse these new guidelines in the context of recent scholarly debates and technological concerns. They foray into the less-trodden areas of bias and non-discrimination, the significance of advertising, the nature of “solely” automated decisions, impacts upon groups and the inference of special categories of data—at times, appearing more to be making or extending rules than to be interpreting them. At the same time, they provide only partial clarity – and perhaps even some extra confusion – around both the much discussed “right to an explanation” and the apparent prohibition on significant automated decisions concerning children. The Working Party appears to feel less mandated to adjudicate in these conflicts between the recitals and the enacting articles than to explore altogether new avenues. Nevertheless, the directions they choose to explore are particularly important ones for the future governance of machine learning and artificial intelligence in Europe and beyond.     

Contextual information management: An example of independent-checking in the review of laboratory-based bloodstain pattern analysis

This article describes a New Zealand forensic agency's contextual information management protocol for bloodstain pattern evidence examined in the laboratory. In an effort to create a protocol that would have minimal impact on current work-flow, while still effectively removing task-irrelevant contextual information, the protocol was designed following an in-depth consultation with management and forensic staff. The resulting design was for a protocol of independent-checking (i.e. blind peer-review) where the checker's interpretation of the evidence is conducted in the absence of case information and the original examiner's notes or interpretation(s). At the conclusion of a ten-case trial period, there was widespread agreement that the protocol had minimal impact on the number of people required, the cost, or the time to complete an item examination. The agency is now looking to adopt the protocol into standard operating procedures and in some cases the protocol has been extended to cover other laboratory-based examinations (e.g. fabric damage, shoeprint examination, and physical fits). The protocol developed during this trial provides a useful example for agencies seeking to adopt contextual information management into their workflow.     

Reductions in Perceived Injustice Are Associated with Reductions in Posttraumatic Stress Symptoms Among Individuals Receiving Treatment for Whiplash Injury

Research has accumulated to suggest that perceived injustice is a risk factor for poor recovery outcomes in individuals with whiplash injuries. The present study examined the relative contributions of treatment-related reductions in perceived injustice and pain severity, in the prediction of reductions in posttraumatic stress symptoms in individuals with whiplash injury. The study sample consisted of 146 individuals (66 women, 80 men) who sustained whiplash injuries in motor vehicle collisions and were enrolled in a multidisciplinary rehabilitation program designed to promote functional recovery following whiplash injury. Participants completed measures of pain severity, disability, posttraumatic stress symptoms, and perceived injustice prior to treatment and after treatment. Pearson correlations revealed that all study variables were significantly correlated. Regression analyses revealed that, at the time of enrollment in the intervention, perceived injustice accounted for a significant proportion of the variance in posttraumatic stress symptom severity, beyond the variance accounted for by pain severity. Paired sample t-tests revealed significant reductions in perceived injustice, pain severity, and posttraumatic stress symptom severity through the course of treatment. For individuals who scored above clinical threshold on a measure of posttraumatic stress symptoms at the time of enrollment in the intervention (N?=?71), regression analyses revealed that reductions in perceived injustice accounted for a significant proportion of the variance in reduction of posttraumatic stress symptoms, beyond the variance accounted for by reduced pain severity. Clinical and theoretical implications of the present findings are discussed.     

Restraining the Court: Assessing Accounts of Congressional Attempts to Limit Supreme Court Authority

We propose a multilevel account of legislative Court curbing in order to assess existing explanations as to why such proposals come about. We argue that although Court curbing is commonly seen as the result of institutional conflict between Congress and the Supreme Court, it is best understood as a product of three interrelated factors: the individual motivations on the part of lawmakers, the partisan context in which they operate, and institutional disagreements between Court and legislature. We find evidence that micro‐level factors offer an important insight into Court curbing that institution‐focused explanations alone cannot.     

Monetary Penalties and Noncompliance with Environmental Laws: a Mediation Analysis

Studies that assess the impact of monetary penalties on environmental compliance have yielded mixed results. While some studies suggest fines deter future violations other studies find that fines do little to encourage compliance. This longitudinal study examines the impact of the dollar amount of fines on compliance with environmental laws among major facilities in the state of Michigan (n?=?37). Results from a mediation analysis suggest that while noncompliance may slightly decrease immediately following a fine there are few changes to a firm’s long term compliance behavior. Furthermore, analyses of these data suggest that total fines levied prior to the most recent fine actually have a positive relationship with noncompliance. We suggest these results imply a decaying effect of deterrence that is perhaps connected to the organizational structure of the treadmill of production.     

The President's Commission and Sentencing,Then and Now

The proposals made in 1967 by the U.S. President's Commission on Law Enforcement and Administration of Justice on sentencing were sensible, humane, well informed, and ambitious. They were premised on an assumption that indeterminate sentencing, then ubiquitous, would long continue, and sought to remedy its weaknesses and build on its strengths. That assumption proved wrong. Within a decade, indeterminate sentencing and its rehabilitative aspirations lost credibility and legitimacy. Within two decades, American policies incorporated features such as determinate sentences, lengthy prison terms, and mandatory minimum sentence laws that the Commission explicitly repudiated. The Commission's influence is evident in successful sentencing reform initiatives of the 1970s and early 1980s, some of which survive in a few places in compromised forms. Many of the Commission's proposals to make sentencing fairer, more consistent, and less vulnerable to influence by political considerations and public emotion are as germane today as they were in 1967.     

The differential demand for indirect rule: evidence from the North Caucasus

Indirect rule is one of the means that central authorities have long employed in hopes of defusing communal conflict and civil war in multicultural societies. Yet very little is known about the appeal of indirect rule among the ruled themselves. Why do people in some places demand more indirect rule and local autonomy, whereas others seem content to be governed directly by rulers of an alien culture? This is a crucial question with important implications for determining the form of governance that is most likely to provide social order in culturally heterogeneous societies. Although much attention has been given to consider the relative costs and benefits of direct versus indirect rule for the central authorities, the other side of the coin – namely, the variable demand for indirect rule among the members of distinctive cultural groups – has hardly been examined with systematic empirical data. This paper presents a theory of the differential demand for indirect rule and offers an initial test of its principal empirical implications using original micro-level data from the North Caucasus region of Russia. The theory's core claim is that the middle class should express the greatest demand for indirect rule, while both the upper and lower classes should prefer more direct rule. The theory therefore predicts that there will be an inverse parabolic relationship between the demand for indirect rule and economic class. The findings are largely consistent with these theoretical expectations.