MEDIATOR STRATEGIES FOR LAWYERS

This article explores the use of a four-way conference by attorneys to effect settlement. The author describes the process, analyzes factors leading to success, and gives a case example.     

Courting the President: How Circuit Court Judges Alter Their Behavior for Promotion to the Supreme Court

We examine whether circuit court judges sacrifice policy purity for career goals. We compare the behavior of contender judges–those most likely to be elevated to the Supreme Court–during vacancy periods with their behavior outside vacancy periods. We also examine the behavior of noncontender judges during those same times. The data show that during vacancy periods, contender judges are more likely to vote consistently with the president's preferences, to rule in favor of the United States, and to write dissenting opinions. Noncontender judges fail to evidence such behavior. These findings provide empirical support for the argument that federal judges adapt their behavior to specific audiences, and provide new avenues for research into judges' goals and the role of audiences in judicial decision making.     

Emotion Dysregulation,Gender, and Intimate Partner Violence Perpetration: An Exploratory Study in College Students

Intimate partner violence (IPV) is a prevalent problem, as it is bidirectional and perpetrated by both men and women. Emotion dysregulation may influence IPV perpetration among men and women. This cross-sectional survey study of 598 college students investigated the associations between two important factors related to IPV perpetration: gender and emotion dysregulation. Findings illustrated an association between emotion dysregulation and IPV perpetration. The bivariate association between physical violence and one facet of emotion dysregulation differed by gender, such that lack of emotional awareness was associated with violence perpetrated by women, but not men; however, this was not supported in multivariate analyses. These preliminary findings suggest that future work should examine how different emotion regulation deficits may increase IPV by gender.     

Can Item-Level Error Correlations Correct for Projection Bias in Perceived Peer Deviance Measures? A Research Note

Objectives

Research indicates respondents overestimate the similarity between their own deviance and that of their peers. Extending Rebellon and Modecki’s (J Quant Criminol 30:163–186, 2014) study, we examine if item-level error correlations in structural models reduce bias for non-peer-based, theoretically derived covariates such as self-control. Our specific interest lies in investigating the theoretical implications and practical value of using the correlated error technique in ‘everyday’ structural equation modeling.

Methods

Using dyadic data and multiple constructs of deviance, we present three sets of structural equation analyses. The first assesses the relationship between peer behavior and deviance via perceptual measures. The second uses identical constructs, but estimates item-level error correlations between perceptual and deviance items. The third replaces perceptions of peer deviance with items measuring peers’ self-reported behavior.

Results

Self-control and demographic variables have equivalent effects in perceptually-based correlated error models and models controlling peer self-reported deviance. However, latent variable adjustments to perceptions of peer behavior fail to bring perceived peer deviance coefficients into line with corresponding coefficients from models using peer self-reports, indicating that perceptions and peer self-reports are distinct constructs.

Conclusion

Researchers cannot use item-level error-correlations to model peer effects without collecting data from peers. They may, however, use these correlations to control for peer effects even when peer self-reports are not available. Because we find strong effects of self-control while maintaining social learning theory’s emphasis on perceptions, we argue that the technique is a form of theoretical reconciliation and recommend criminologists adopt the use of correlated errors in all social influence-based structural models.

     

States,Nations, and Territorial Stability: Why Chinese Hegemony Would Be Better for International Order

How would a hegemonic China shape international norms related to states, nations, and territoriality? Scholars have noted the conflict between the right of minority nations to self-determine and the right of states to maintain their territorial integrity. An unrestricted application of the former would risk considerable state fragmentation; an unconditional acceptance of the latter would condemn stateless nations to a subordinate status. Powerful actors like the United States have attempted to navigate these norms by specifying the conditions under which one norm should take precedence over the other, but such decisions are difficult to make in an international environment that lacks consensus, and the result is an ambiguous international order where conflict is common. I analyze the future of these norms in a Chinese-led international order, explaining why China would champion territorial integrity over self-determination, and why this would be better for territorial stability.     

Debate and Decide: Innovative Participatory Governance in South Australia 2010–2018

This article provides an account of how innovative participatory governance unfolded in South Australia between 2010 and 2018. In doing so it explores how an ‘interactive’ political leadership style, which scholarship argues is needed in contemporary democracy, played out in practice. Under the leadership of Premier Jay Weatherill this approach to governing, known as ‘debate and decide’, became regarded as one of the most successful examples of democratic innovation globally. Using an archival and media method of analysis the article finds evidence of the successful application of an interactive political leadership style, but one that was so woven into competitive politics that it was abandoned after a change in government in March 2018. To help sustain interactive political leadership styles the article argues for research into how a broader base of politicians perceives the benefits and risks of innovative participatory governance. It also argues for a focus on developing politicians' collaborative leadership capabilities. However, the article concludes by asking: if political competition is built into our system of government, are we be better off leveraging it, rather than resisting it, in the pursuit of democratic reform?     

Obscuring sexual crime: examining media representations of sexual violence in Megan’s law

Sexual violence remains a pervasive and persistent social problem. In 1996, Congress enacted Megan’s Law, dictating mandatory community notification and potential civil commitment for those deemed by the State to be dangerous sexual offenders. In 2013, Megan’s Law continues to influence the treatment of sexual offenders under law and the social construction of a highly publicized, yet statistically rare, sexual crime – the rape and murder of a young female child by a depraved male stranger. This influence highlights the extent to which this personalized crime bill shapes the social construction of sexual violence in terms of sex and gender systems. This paper examines how sex and gender shape media discourses of the sexual offender and victim that are mobilized in the legislative debate on Megan’s Law. Drawing on theoretical ideas from cultural studies and feminist legal scholarship, we employ discourse analysis to analyze the legislative debate on Megan’s Law. We find that high-profile media images of sex offenders and victims are relied on to construct a singular image of sexual violence, whereby a child is victimized by an adult sexual predator. These images draw on traditional, conservative notions of gender and sexuality.     

Wages,Wage Inequality,and Education: The Case of a Microstate with a “Free Education for All” Policy

Like many developing states, Barbados has historically used education as a means of economic development. Specifically, for over three decades, the Barbados Government has provided free education from the primary to the tertiary level. This article investigates the benefits associated with higher education. Based on a sample of 400 Barbadians, the authors find that education has a positive impact on income and contributes to lower within-group wage inequality.