Civil procedure: Can the Scots learn from Woolf?

Conclusion So can the Scots learn from Woolf? The answer must be in the affirmative, for his review points up similar problems to those we encounter here. There is no room for complacency in the civil justice system in Scotland, particularly in the field of Information Technology, where court systems and expertise are sadly lacking. It is clear that there is a need for a system of case management in all civil courts, targeted in particular areas or on particular cases, but only after a rigorous reappraisal of court timetabling; and that the public will lose confidence in a civil justice system which does not meet their needs for speedy and affordable decisions, perhaps by turning their backs on it and seeking means of Alternative Dispute Resolution. As for written pleadings, perhaps the most that can be said is that the case for their complete abolition is “not proven”, but that thestatus quo should not be maintained is beyond reasonable doubt. Sheriff of Lothian and Borders at Edinburgh; Member, Sheriff Court Rules Council.     

Supreme auditing institutions: A politico-economic analysis

While the beneficial aspects of a public accounting office's activity are not disputed here, it is argued in this article that four major distortions are produced: the concern with administrative rationality overlooks costs elsewhere (Section 2); budgetary aspects are overvalued compared to other issues (Section 3); incentives-oriented behavior is suppressed (Section 4); and the evaluation is biased by concentrating on minor, instead of major, aspects of inefficiency (Section 5). Section 6 considers alternatives to public accounting offices and makes some suggestions for new institutional arrangements particularly for constitutional rules.     

The DutchAlgemene Rekenkamer and its role in light of contemporary theory

European Journal of Law and Economics - In this article I try to find answers for three questions: Which functions are exercised by the Court of Audit in the Netherlands, and what kinds of...     

Preadolescent peer friendships: A critical contribution to adult social relatedness?

The primary aim of this paper is to review the literature on preadolescent friendships in order to examine the relationship between preadolescent friendships and social support in adulthood. Social supports are important to health, both directly and as a stress buffer. Few studies, however, have specifically examined adult social supports from the perspective of their developmental precursors and critical developmental periods. Some data indicate that the preadolescent period may be of particular importance to the development of adult social skills and ties. Observational and empirical studies of preadolescent peer relationships, and in particular best friendships, suggest unique and critical contributions to adult social relatedness. Present research is suggestive but is insufficient to validate preadolescence as a critical period in adult social relatedness. Our review has implications for better understanding the mechanisms by which preadolescent friendships effect adult social support—an important mediator of the effects of stress on health. Further longitudinal study is needed.Received Ph.D. from University of Maryland. Research interests are social supports and psychological responses to trauma and disaster.Received M.D. from Yale University. Research interests are social supports and traumatic stress.     

IS AGE IMPORTANT? TESTING A GENERAL VERSUS A DEVELOPMENTAL THEORY OF ANTISOCIAL BEHAVIOR*

We tested competing hypotheses derived from Gottfredson and Hirschis (1990) general theory and Moffitt's (1993a) developmental theory of antisocial behavior. The developmental theory argues that different factors give rise to antisocial behavior at different points in the life course. In contrast, the general theory maintains that the factor underlying antisocial behavior (i.e., criminal propensity) is the same at all ages. To test these competing predictions, we used longitudinal data spanning from age 5 to age 18 for the male subjects in the Dunedin Multidisciplinary Health and Development Study. Using reports from three sources (parents, teachers, and the boys themselves), we estimated second-order confirmatory factor models of antisocial behavior. These models provided consistent support for the developmental theory, showing that separate latent factors underlie childhood and adolescent antisocial behavior. Moreover, we found that these childhood and adolescent factors related in ways predicted by Moffitt's developmental theory to four correlates of antisocial behavior: Childhood antisocial behavior was related more strongly than adolescent antisocial behavior to low verbal ability, by per activity, and negative/impulsive personality, whereas adolescent antisocial behavior was related more strongly than childhood antisocial behavior to peer delinquency. The two underlying latent factors also showed the predicted differential relations to later criminal convictions: Childhood antisocial behavior was significantly more strongly associated with convictions for violence, while adolescent antisocial behavior was significantly more strongly associated with convictions for nonviolent offenses.     

Congressional Dominance and the International Trade Commission

This study examines the unfair trade decisions of the InternationalTrade Commission (ITC) and how they have been affected by Congress.It begins by identifying the means Congress can use to influenceITC decisions and then estimates both the extent to which thesemeans have been used and the extent to which they have shaped theITC's behavior. The study reaches two conclusions. First, Congresshas tried to shape the ITC's behavior, but it has not tried tomicromanage this behavior. Second, while the ITC's behavior hasbeen influenced by Congress, congressional influence is not asimportant as other factors, such as statutory criteria.     

Age Adjustment and Recall Bias in the Analysis of Domestic Violence Data: Methodological Improvements Through the Application of Survival Analysis Methods

This methodological paper presents the utility of survival analysis methods to provide age adjustment in the analysis of domestic violence data. These methods improve the estimation of lifetime probability of domestic violence, improve identification of patterns of first victimization over the lifespan, and provide methods of testing risk factors for first victimization while adjusting for the respondents' age. Most importantly, these methods allow a new investigation of recall bias. Results suggest that lifetime probability of abuse may have been substantially underestimated in previous studies because of problems in recall/disclosure encountered by middle-aged women.