The Hand Rule and United States v. Carroll Towing Co. Reconsidered

Judge Learned Hand’s opinion in United States v. CarrollTowing Co. (1947) is canonized in the law-and-economics literatureas the first use of cost-benefit analysis for determining negligenceand assigning liability. This article revisits the case in whichthe Hand formula was born and examines whether Judge Hand’sruling in that case would provide correct incentives for efficientlevels of precaution. We argue that the negligence test as usedby Judge Hand is somewhat different from the Hand test as usedby modern law-and-economics theorists. With a game theoreticanalysis of the case, we show that Judge Hand’s negligencetest could in fact produce games with inefficient equilibria,or with liability determinations opposite Judge Hand’s.     

Demographically disaggregated projections of prison populations

The need for improved long-run projections of prison populations has increased in recent years because of record-high numbers of inmates and severe overcrowding in state and federal prisons, and because of the growing importance of changing demographic factors in influencing corrections populations. A model is developed for projecting: general population demographics; demographic- and offense-specific arrest rates, imprisonment probabilities, and times served; and then the size and composition of prison populations. Model parameters are estimated for Pennsylvania and are shown to be sensitive to demographic factors, particularly age and race. Projections of future arrests, prison commitments, and prison population are developed for Pennsylvania using projections of demographic changes in the state's population. Arrests are expected to peak in 1980, prison commitments are expected to peak in 1985, and prison populations are expected to peak in 1990, with the subsequent declines reflecting the maturation of the postwar baby boom children out of the highly crime-prone ages and, somewhat later, out of the highly prison-prone ages.     

Tenure as a fact of academic life: a methodology for managing the performance of tenured professors

Academic freedom is the right, especially of a university professor, to free speech without fear of reprisal. Experts posit three means to academic freedom: tenure, due process and professional competence. A critical issue in current post-secondary education governance and administration that relates to each of these means is post-tenure review. Post-tenure review relates to evaluating and managing the performance of tenured professors. Performance fundamentals include accountability, competence and professional development. This article suggests a methodology for a performance-based approach to increasing the productivity of tenured professors while safeguarding academic freedom.     

When More than Property Is Lost: The Dignity Losses and Restoration of the Tulsa Riot of 1921

Bernadette Atuahene's We Want What's Ours focuses on deprivations that go beyond property losses. Her focus is on the dignity harms to South Africans over centuries, such as denial of citizenship, that accompanied the theft of their land. I focus here on one grotesque episode of violence, the Tulsa race riot of 1921, to gauge dignity takings in a US context. Thousands were, in the parlance of the times, run out of town in a “negro drive.” They lost property, but also their community, and they could not assert their rights after the riot. This article turns to the ways in which African Americans in Oklahoma obtained rights through the courts that should have been protected around the time of the riot. This expands our sense of the range of responses, from apologies and compensation, to additional judicial process and substantive rights, that are needed for past racial crimes.     

Ethanol stability in unpreserved refrigerated antemortem blood

Ethanol stability in preserved antemortem blood has been widely studied since it is a common practice in cases involving suspected impaired driving to collect antemortem blood in evacuated blood tubes containing sodium fluoride. In some situations, antemortem blood is submitted to a forensic laboratory for ethanol analysis in evacuated blood tubes that contain only an anticoagulant. There has been limited research on ethanol stability in antemortem blood stored without a preservative. On two occasions, antemortem blood was collected from five ethanol-free individuals into 6-ml Vacutainer® tubes containing only 10.8 mg potassium EDTA. The blood tubes were spiked with ethanol to approximately either 0.08 or 0.15 g/dl. Dual-FID headspace gas chromatography was used to analyze 58 blood tubes, 29 from each session, for ethanol 1 day after sample collection and again after 1 year of refrigerated storage (~4°C). Statistically significant decreases in ethanol were detected at the 0.05 level of significance. Mean decreases in ethanol after 1 year of storage for the 0.08 and 0.15 g/dl samples were 0.013 and 0.010 g/dl, respectively. The mean ethanol decrease across all tubes was 0.012 g/dl. The range of decreases for the 58 blood tubes was 0.003–0.018 g/dl. The mean ethanol decreases measured in this unpreserved antemortem blood are comparable in magnitude to those previously observed in antemortem blood containing sodium fluoride after 1 year of refrigerated storage. Ethanol did not increase in the antemortem blood samples despite the absence of sodium fluoride.     

An autopsy analyzed and defended

Jack F. Matlock, Jr., Autopsy on an Empire: The American Ambassador's Account of the Collapse of the Soviet Union. New York: Random House, 1995, 838 pp., illustrations, maps.