Generality, continuity, and change in offending

A number of criminological theories make either implicit or explicit predictions about the empirical relationship between prior and future offending behavior. Some argue that time-stable characteristics such as criminal propensity should account for any positive correlation between past and future criminal behavior for all individuals. Others contend that the positive association between offending behavior at different points in time are partly causal and partly spurious. Still others anticipate that different patterns will emerge for different groups (distinguished by their ciminal propensity) of individuals. Using a longitudinal data set comprised of 848 training school releasees, we test various hypotheses emanating from these different theoretical perspectives. The results indicate that (1) both stability and change have causal implications for one's offending behavior and (2) with but one exception, these effects do not vary between high and low criminal propensity groups.     

Equipoise and the Criteria for Reasonable Action

Critics of clinical equipoise have long argued that it represents an overly permissive, and therefore morally unacceptable, mechanism for resolving the tensions inherent in clinical research. In particular, the equipoise requirement is often attacked on the grounds that it is not sufficiently responsive to the interests of individual patients. In this paper, we outline a view of equipoise that not only withstands a stronger version of this objection, which was recently articulated by Deborah Hellman, but also plays important roles in clarifying the discussion.     

Keeping the ‘Lady’ Safe: The Regulation of Femininity through Crime Prevention Literature

Rape and the fear of rape have been understood by numerous feminists as an ideological weapon used by men to subordinate women. This paper argues that this analysis of power is overly reductive. The omnipresent threat of rape for women encourages them to engage in multiple ‘safe-keeping’ acts which have come to be a performative condition of normative femininity. These restrictive bodily acts (not dressing in certain ways, avoiding certain public locales) promoted through some strands of rape prevention literature, are not merely a reaction to the reality of rape, rather, these advisory narratives unwittingly operate to install rape as a fixed reality. Rape prevention literature (re)produces gendered bodies – the vulnerable/indefensible feminine and the potent/unstoppable masculine – which does not disrupt the possibility of rape, more exactly, it makes rape seem evermore inevitable and unstoppable.     

The school context as a source of self-control

Researchers investigating Gottfredson and Hirschi's General Theory of Crime primarily concentrated their efforts on the relationship between an individual's self-control and involvement in crime and/or analogous behaviors. Much less research examined the potential sources of an individual's self-control. In this study, an argument was developed for the importance of exploring the contribution of the school context in the development of self-control within individuals. In particular, Gottfredson and Hirschi's position on this front was theoretically elaborated by including school/teacher socialization practices in a larger model of the development of self-control. Using data extracted from the National Longitudinal Survey of Youth, it was found that the effects of school socialization on self-control were significant net of parental socialization. In addition, the effects of school socialization varied across parenting and neighborhood contexts. The theoretical implications of this research, specifically as they relate to the development of self-control, are discussed.     

Judicial Impartiality and Independence in Divided Societies: An Empirical Analysis of the Constitutional Court of Bosnia‐Herzegovina

The role of constitutional courts in deeply divided societies is complicated by the danger that the salient societal cleavages may influence judicial decision‐making and, consequently, undermine judicial impartiality and independence. With reference to the decisions of the Constitutional Court of Bosnia‐Herzegovina, this article investigates the influence of ethno‐national affiliation on judicial behaviour and the extent to which variation in judicial tenure amplifies or dampens that influence. Based on a statistical analysis of an original dataset of the Court's decisions, we find that the judges do in fact divide predictably along ethno‐national lines, at least in certain types of cases, and that these divisions cannot be reduced to a residual loyalty to their appointing political parties. Contrary to some theoretical expectations, however, we find that long‐term tenure does little to dampen the influence of ethno‐national affiliation on judicial behaviour. Moreover, our findings suggest that this influence may actually increase as a judge acclimates to the dynamics of a divided court. We conclude by considering how alternative arrangements for the selection and tenure of judges might help to ameliorate this problem.     

Hackers Are After More than Just Data: Will Your Company's Property Policies Respond When Cyber Attacks Cause Physical Damage and Shut Down Operations?

Recent attention on high profile data breaches has overshadowed a potentially greater risk: cyber attacks on large industrial companies causing physical damage, potentially releasing contaminants, and shutting down operations. A handful of publicly reported cyber-attacks, including explosions at an oil pipeline and a steel mill, have highlighted the potential vulnerability of these companies' internet-facing industrial control systems to hackers. The insurance industry has reacted to the growing risk of privacy-related data breaches by marketing and selling so-called “cyber policies.” But these policies typically exclude coverage for property damage and are ill-suited to cover the magnitude of business interruption losses that could result from an extended shutdown of a large industrial operation. That leaves policyholders to look to their traditional property policies. This article examines the cyber-attack risk that large industrial companies face and how those companies' traditional property insurance policies may help mitigate that risk.     

Simple rules for the developing world

Much of the discussion in favor of simplicity of legal rules and against complex regulation is rooted in economically developed countries with strong state capacity. With economic development and state capacity comes the presumption that complex rules will be enforced. Therefore, analysis focuses on the administrative and error costs, and the unintended consequences of complex rules that are enforced. This paper argues that the Epsteinian insight is even more relevant to the developing world where countries often lack enough state capacity to even take on simple governance tasks. Developing countries often have less than 20 percent of the state capacity of developed countries. However, this does not mean they limit the regulatory structure to a fifth of the tasks. Under-enforcement or non-enforcement of complex rules imposes different costs and unintended consequences on society. Using examples from India, this paper highlights problems of enforcement swamping, deadweight loss, and corruption arising from the under-enforcement of complex rules. To avoid these problems, the paper concludes that a fortiori less developed countries should favor simple rules.