How jurors construe “insanity”

Historically and currently, jurors who have rendered verdicts in insanity cases have themselves been criticized and maligned-accused of being simplistic and biased, of lacking understanding, and of disregarding or nullifying the judge's instructions. Are the critics right? In this study, 263 mock jurors (141 adults and 122 students) were asked to decide four insanity cases without instructions, using their own best judgment, and to identify the determinative facts for them, and the meaning of those facts. Those determinative factors were then categorized, using a seven construct schema for NGRI and guilty verdicts. The results show that jurors do make discriminations among cases in terms of constructs, and that these constructs are relevant, complex, and flexible; furthermore, the jurors' lay constructs of insanity are more complex than the legal constructs of insanity. The “simplism,” it seems, lies not with the jurors but with the insanity tests.     

ADOPTING PERSONNEL PRODUCTIVITY INNOVATIONS IN AMERICAN LOCAL GOVERNMENTS

Improving the productivity of public employees has increasingly attracted the attention of urban policymakers and administrators concerned about the quality, cost, and efficiency of governmental service delivery. A national survey of local personnel managers was undertaken to ascertain the degree of jurisdictional receptivity to personnel-based management tools, preferred approaches, and the most serious policy and institutional barriers to the implementation of these changes. Research findings concerning the adoption of personnel reforms are generally consistent with those reported in prior studies except for an increase in the utilization of job enrichment techniques by local administrators. The reluctance of labor organizations to accept productivity bargaining and the unwillingness of local authorities to consider financial incentive plans for governmental executives are cited b y our respondents as the chief obstacles to greater managerial effectiveness.     

Fat and the law: who should take the blame?

The incidence of obesity in both adults and children is rising at a rapid rate in most developed countries, including in Australia. Some obese people are seeking to place the blame for their condition on the fast-food industry, as demonstrated by the recent litigation in the United States brought by two obese plaintiffs against McDonald's. This litigation was unsuccessful, and on existing Australian negligence principles any similar litigation commenced here is likely to suffer the same fate. Principles of personal responsibility, autonomy and free will should prevail to deny a negligence claim. The risk of obesity and concomitant health problems from eating fast food to excess is an obvious risk which the plaintiff should not have ignored and which he or she has voluntarily assumed. It is for the Australian Government, not the courts, to regulate the behaviour of the fast-food industry. The government should take action by requiring all major fast-food chains to label their products with nutritional information, and by imposing restrictions on the advertising of food to children.     

Associations of dating violence victimization with lifetime participation, co-occurrence, and early initiation of risk behaviors among U.S. high school students

This study examined the association of victimization in a physically violent dating relationship with risk behaviors, age of risk behavior initiation, and co-occurrence of risk behaviors among students in grades 9 through 12 in the United States. Data were from the 2003 national Youth Risk Behavior Survey (YRBS). Nearly 9% of students reported experiencing dating violence victimization. Dating violence victimization was associated with alcohol use, marijuana use, and having ever had sexual intercourse among female students and having ever had sexual intercourse among male students. Dating violence victimization also was associated with early initiation of alcohol use among female students. The odds of dating violence victimization increased as the number of risk behaviors increased and as the number of lifetime sexual partners increased. These risk behavior patterns should serve as warning signs of elevated risk for dating violence victimization and may be helpful in identifying adolescents who could benefit from targeted, preventive interventions.     

Fatal Families: Why Children are Killed in Familicide Occurrences

This literature review attempts to identify the underlying factors and commonalities regarding the killing of children in occurrences of familicide (wherein the entire family is slain by a family member). Numerous journal and newspaper articles were reviewed to glean information regarding similarities in victim families, the breakdown of the family prior to the incident of familicide, and the degree of pre-meditation by the perpetrator. This information is then used to discuss and inform possible implications in counselling such as assessment, prevention, and grief and loss therapy as well as directions for future research.     

Beyond Endogeneity: How Firms and Regulators Co‐Construct the Meaning of Regulation

What role do regulators and firms play in the construction of open‐ended regulatory terms? The new institutional legal endogeneity model posits that organizations respond to legal uncertainty by adopting formal structures to symbolically signal their compliance. These structures, however, tend to embody businesses' managerial and commercial values, as opposed to regulatory goals. Law becomes endogenous insofar as legal actors then defer to businesses' institutionalized ideas about regulation and compliance. Professionals, such as lawyers and human‐resource managers, and their strategic deployment of framing, are portrayed as the engines of the above process of legal endogeneity. By comparison, administrative agencies' strategies in shaping the meaning that corporations attach to the law are practically ignored. Building on a detailed case study of British financial firms' responses to the Financial Services Authority's Treating Customers Fairly initiative, this article problematizes the supposition of regulatory deference to business constructions of law. Instead, it develops a more balanced model that recognizes business professionals' and regulators' co‐construction of regulation and compliance. The process of regulatory meaning co‐construction, as depicted by this model, involves alignment and disputes between regulators' and professionals' strategic framing of regulatory concerns with tangible consequences for the enactment of regulation.