Theoretical foundation for a debtor friendly bankruptcy law in favour of creditors

Although many works support creditor friendly bankruptcy laws, an evolution towards debtor friendly systems is at work. This paper proposes a theoretical ground to meet this paradox. It reconsiders the economic role of bankruptcy law by stressing on the courts’ production of information. It reveals that the transmission of a lenient signal by judges makes it possible to reduce the hazard that bad risks seek to avoid going on trial. Thus, it shows that debtor friendly bankruptcy laws are not systematically opposed to creditors’ interests. They reduce the risk of the economy and contribute to the improvement of the global efficiency.      

Deleuze &; Guattari’s Intensive &; Pragmatic Semiotic of Emergent Law

The paper articulates Deleuze & Guattari’s semiotics towards a semiotic of law through a discussion of the intensive semiotics of the field of emergence and pragmatic semiotics of social power. Within the framework of the pragmatic semiotics, it is argued that the crucial tension is how social machines and their regimes of signs operate with the intensive semiotics of the field of emergence. The signifying regime of the State social machine constructs itself on the excluded foundation of the field of emergence, and what is lost are the real ontological and social conditions of emergence, intensity and affect. In contrast, the counter-signifying regime of the war social machine actively operates with the intensive semiotic of the field of emergence, and develops an image of legality and regime of signs that taps the field of emergence for social organisation and expression. Returning to the issue of emergence and legality, the concept of Emergent Law is developed as a war social machine, abstract machine, assemblage, and regime of signs, that operates a semiotic that is developed in terms of an intensive semiotics that is open to and taps the forces of the field of emergence.     

Meanings of terrorism

Terrorism is a notoriously plastic word, depending on user, audience, and political context. This paper focuses on shifts in its meanings since the early 1970s. As federal statutes made terrorism a criminal offense, common usage changed from a broad meaning to one that specified terrorism as a political crime. The argument is that the state shapes meaning and public discourse through law. Peircean semiotics and the semiotic philosophy of Russian linguist Vološinov provide a framework to explore relationships among politics, law, and civil life. Applied to the events of September 11, 2001 such an analysis further allows better understanding of certain interpreters of the September 11 attacks, notably Jean Baudrillard, Jacques Derrida, and Jürgen Habermas.     

‘I Wasn’t Really Bonded with My Family’: Attachment,Loss and Violence among Adolescent Female Offenders

This study analyzes the role of trauma and disrupted attachments in the development of adolescent girls’ violent behavior. A grounded theory approach was applied to the narratives of 24 young women (age 13–16 years old) who were adjudicated and remanded to custody for an assault or robbery. Three types of loss were inductively derived from the data (death of a loved one, physical absence, and psychological unavailability) as were two categories of violence (in the home and in the community). Findings suggest that extensive losses and violent experiences disrupted the young women’s attachment to their caregivers, and these experiences were disregarded or inadequately addressed. Detachment and the absence of supportive others left the young women poised to engage in a variety of maladaptive behaviors including violence. Theoretical and programmatic implications are discussed.     

Community Correction Officer Perceptions Of Ex-Offender Reentry Needs And Challenges

Research into community corrections officers’ perceptions of the needs of ex-offenders has largely been overlooked. While some empirical research has emerged regarding federal parole officers’ perceptions, it is conceptually incomplete. A gap in the literature remains regarding the concordance or discordance between offenders and community corrections officers’ perceptions of offender needs and the opportunities for success upon release. Using a sample of community corrections officers in Seattle, Washington, this research examined officer perception of ex-offender needs, the value officers’ placed on the specific needs, and the opportunities available for offenders to meet their needs. Differences between officers emerged including the finding that female officers rated needs and challenges for offenders significantly different than male officers. Policy implications of the research are discussed. This research was made possible due to a grant award from the College of Arts and Sciences at Seattle University. This research was first presented at the 2005 Academy of Criminal Justice Sciences Conference in Chicago. We are grateful to Mac Pevey and Keven Bovenkamp from the Washington State Department of Corrections and Bill Corn and Tim McTighe from United States Probation and Pretrial Services for their support, assistance, and for making the study possible. A special thanks to our research assistant Tania Reyes who was instrumental in collecting the data for this investigation.     

A comparison of the Russian 13% flat rate PIT evasion stratified contributions and the US tax schedule

This paper reviews the existing literature on consumer credit reporting, the most extensively used instrument to overcome information asymmetry and adverse selection problems in credit markets. Despite the copious literature in economics and some research in regulatory policy, the legal community has paid almost no attention to the legal framework of consumer credit information systems, specially within the context of the European Union. Studies on the topic, however, seem particularly relevant in view of the establishment of a single market for consumer credit. This article ultimately calls for further legal research to address consumer protection concerns and inform future legislation.      

Catching the Bad Guy: Morphing Composite Faces Helps

Composite faces built by eyewitnesses commonly are poor likenesses of the target face. When there are multiple witnesses, however, an opportunity exists to morph the composites. Morphs were rated as more similar to the target face than were the mean ratings of the individual composites. However, as hypothesized, the morph also came to resemble non-target faces more than the individual composites did (a prototype effect). This prototype effect was so strong that the morphs resembled non-targets more than the individual composites resembled the targets. In addition, morphing composites produced an attractiveness bias, which made the morphing of composites less effective for less attractive targets. Even when the prototype effect and the attractiveness bias were controlled for, however, a true morph-superiority effect continued to exist. The author won the Psi Chi/APS Albert Bandura Graduate Research Award in 2005--2006 for this study.     

Interviewing Witnesses: The Effect of Forced Confabulation on Event Memory

After viewing a crime video, participants answered 16 answerable and 6 unanswerable questions. Those in the "voluntary guess" condition had a "don't know" response option; those in the "forced guess" condition did not. One week later the same questions were answered with a "don't know" option. In both experiments, information generated from forced confabulation was less likely remembered than information voluntarily self-generated. Further, when the same answer was given to an unanswerable question both times, the confidence expressed in the answer increased over time in both the forced and the voluntary guess conditions. Pressing eyewitnesses to answer questions, especially questions repeated thrice (Experiment 2), may not be an effective practice because it reliably increases intrusion errors but not correct recall.     

Protecting Medicare: the best defense is a good offense

Traditional Medicare is being threatened from two political directions. The current Republican coalition, on the right, simply dislikes social insurance in principle. It seeks privatization for its own sake. Another perspective, centrist and well established among political and economic elites, worries that the program is "unaffordable," whatever its basic merits. Defenders of traditional Medicare need to address both threats by explaining why the budgetary fears are misconceived and why privatization is simply a bad idea. In order to do this, they need to take the budgetary high ground, argue more strenuously for short-term cost controls, and criticize the extra spending that the Bush administration has used to encourage private plans within Medicare. Defenders of social insurance should also seek good policy and political allies by proposing that Medicare's network of providers, prices, and administration be made available to employers (and other pools) in much the way that self-insured groups currently rent networks from private insurers.     

Juror decision making in the capital penalty trial

Two factors thought to influence jurors' penalty decisions in capital trials—the nature of the crime committed and the defense's portrayal of the convicted offender's character—were examined. Mock jurors were death-qualified and exposed to one of twelve simulated penalty trials. Each trial was comprised of one of three capital crimes and one of four defense strategies. Jurors were least punitive in robbery-murder conditions and most punitive in multiple murder conditions. A conceptual argument against capital punishment was the most effective defense; a mental illness defense was the least effective. Penalty decisions were mediated by three attributional variables: (a) juror perceptions of the defendant's volition, (b) juror perceptions of the defendant's future dangerousness, and (c) juror perceptions of the relative competency of the opposing attorneys.This article is based on the author's dissertation which received an Honorable Mention in the 1985 SPSSI Dissertation Prize competition. The research was made possible by grants from the University of California, Santa Cruz and Division 41 of the American Psychological Association. The author is indebted to Craig Haney, Elliot Aronson, and Dane Archer for their valuable suggestions and support.