Splitting the Difference: Modeling Appellate Court Decisions with Mixed Outcomes

In rendering a decision in a particular case, judges are not limited to finding simply for the appellant or for the respondent. Rather, in many cases, they have the option to find for the former on one or more issues and for the latter on one or more other issues. By thus “splitting the difference,” judges can render a judgment that favors both litigants to some degree. What accounts for such mixed outcomes? Several theoretical perspectives provide potential explanations for this phenomenon. First, Galanter (1974) suggests that litigants with greater resources will achieve more favorable outcomes in the courts. Where two high‐resource, repeat‐player litigants meet in the appeals courts, these more sophisticated and successful parties may be able to persuade the court to render decisions with mixed outcomes that at least partially favor each party. Second, split outcomes may result from strategic interactions among the appeals court judges on the decisionmaking panel. Where majority opinion writers seek to accommodate other judges on the panel, split outcomes have the potential to serve as an inducement for more ideologically extreme judges to join the majority opinion. Finally, Shapiro and Stone Sweet ( Stone Sweet 2000; Shapiro & Stone Sweet 2002 ) propose that courts will sometimes split the difference in order to enhance their legitimacy (and ultimately enhance compliance by losing parties). For example, in highly salient cases, where noncompliance would more clearly threaten court legitimacy, judges may be more likely to split the difference in order to mollify even the losing party. We develop an empirical model of mixed outcomes to test these propositions using data available from the U. S. Courts of Appeals Database and find evidence supportive of all three theoretical perspectives.     

Does Peacekeeping Keep Peace? International Intervention and the Duration of Peace After Civil War

This article examines international interventions in the aftermath of civil wars to see whether peace lasts longer when peacekeepers are present than when they are absent. Because peacekeeping is not applied to cases at random, I first address the question of where international personnel tend to be deployed. I then attempt to control for factors that might affect both the likelihood of peacekeepers being sent and the ease or difficulty of maintaining peace so as to avoid spurious findings. I find, in a nutshell, that peacekeeping after civil wars does indeed make an important contribution to the stability of peace.     

Nonfinancial Risk Disclosure and the Costs of Private Ordering

In 2016 the Securities and Exchange Commission (SEC) considered for the first time whether financial disclosure reform should address information on sustainability matters and other sources of nonfinancial risk. The resulting debate over these issues raised fundamental questions about how well the federal disclosure regime addresses emerging risks and about how well private ordering, through shareholder engagement, the work of private standard‐setters, and corporate voluntary disclosure, can fill the gaps. This article argues that the current model of nonfinancial risk disclosure, based largely on private ordering, is ineffective and undermines the SEC's mission to protect investors, facilitate capital formation, and promote fair, orderly, and efficient markets. This conclusion rests on evidence that the current state of sustainability disclosure is inadequate for investment analysis and that these deficiencies are largely problems of comparability and quality that cannot readily be addressed by private ordering. This article also highlights the costs of agency inaction to investors and to public companies, which have been largely ignored in the debate over the future of financial reporting. It concludes by proposing avenues for disclosure reform.     

Management education: A case for women's studies?

At a recent weekend seminar-workshop convened by the Personal Development Division of the Anglian Regional Management Centre, Essex. U.K., British pioneers, practitioners and academics with experience of management training for women conferred on the state of the art and laid plans for further developments. In this article Virginia Novarra, Visiting Fellow at the Centre with special reference to women's training needs, sets the debate in the context of the women's studies movement.     

Late adolescents' perceptions of their relationships with their parents: Relationships among deidealization,autonomy, relatedness,and insecurity and implications for adolescent adjustment and ego identity status

Questionnaire data from 376 undergraduates (mean age=19.3 years) were used to test a model describing interrelationships among deidealization, relatedness, autonomy, and insecurity in late adolescents' relationships with their parents. As expected, deidealization predicted greater autonomy and less relatedness (i.e., more disengagement), greater disengagement predicted greater insecurity, and greater insecurity predicted less autonomy. However, disengagement from parents proved to be a double-edged sword in that it was linked not only to insecurity, but also to feelings of greater separateness and self-directedness in relation, to parents. Additional analyses identified significant associations between the adolescent/parent relationship variables and the adolescents' psychological health and ego identity status.Received her Ph.D. from Yale University. Major interests are in parent/child relationships during late adolescence and young adulthood.Received her B.A. from University of Virginia and M.A. from Michigan State University. Major interests are in adolescent development and pediatric psychology.Received her B.A. from Duke University and M.A. from Michigan State University. Major interests are in adult children of alcoholics and adolescent separation/individuation.     

Parental problem-solving skills and child behavior problems: A comparison of physically abusive,neglectful, clinic,and community families

Failure to solve problems related to parenting and other aspects of daily living is hypothesized to result in frustration or inability to cope, and lead to deviant parental behavior such as aggression or neglect. The present investigation provided support for a procedure for measuring parental problem-solving skill and compared the problem-solving abilities and child behavior problems of maltreating and nonmaltreating parents. Subjects were 40 parents with at least one child between the ages of three and twelve. Subjects were assigned to one of four groups: (a) physically abusive parents (n = 9); (b) neglectful parents (n = 9); (c) nonmaltreating clinic parents seeking help for child behavior problems (n = 11); and (d) nonmaltreating, non-help-seeking community parents (n = 11). Abusive and neglectful parents were deficient in problem-solving skill as compared to clinic and community parents, yet there were many similarities in parental reports of child behavior problems for maltreating and nonmaltreating parents. Parental problem-solving skill did not correlate significantly with parental ratings of child behavior problems.