Free press and fair trial: The role of behavioral research

The growth of mass media has complicated the relatioship between the courts and the media. Free press and fair trial rights are kept in balance by the use of judicial restraints and remedies such asvoir dire, change of venue, and gag orders. This balance has shifted back and forth during the past two decades. Current case law and legal codes are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. Nor is there a body of empirical research on the impact of news coverage and juror behavior capable of informing the courts at this time. In this paper, we review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial. We argue that carefully conducted empirical research could provide important information to the courts. We suggest research directions and methodological caveats to increase legal relevance and scientific validity.     

Marmagão exchange

After two years of fighting in World War II, the US and Japan agreed on a second exchange of interned nationals. Neutral territory in Goa, Portuguese India, was chosen in October 1943, The US Consulate in Bombay directed the entire complicated operation. Two ships, each carrying approximately 1,500 refugees, all of whom required nationality checks, stateroom assignments, money settlements, sick passengers had to be transferred, and many other services had to be performed. As all were still enemies, they had to be kept separated throughout the operation. Remarkably, the acutal physical excahnge was completed in only three hours, on Tuesday, 19 October.     

Silent citizenship among Asian Americans and Latinos: opting out or left out?

In his classic study, Who Governs?, Robert Dahl interpreted the patterns of political assimilation of ‘white ethnic’ immigrants and their children during the mid-twentieth century as a hopeful sign of the potential of democratic pluralism in the USA. While acknowledging that immigrant groups faced discrimination and structural barriers that might lead them to be silent, Dahl predicted that social mobility and assimilation would eventually erase these deficits in political participation among immigrants. Building from Dahl's analysis, we investigate the extent to which pluralism in the USA can and does work the same way for immigrants who are also racial minorities. We highlight factors that can lead these groups to become silent citizens, including lack of legal status, lower levels of political mobilization by institutions, and discrimination as structural impediments to minority participation. Our findings suggest that both resources as well as structural impediments structure the political behavior of Asian Americans and Latinos, determining whether they are vocal citizens or silent citizens.     

Electoral Backlash against Climate Policy: A Natural Experiment on Retrospective Voting and Local Resistance to Public Policy

Retrospective voting studies typically examine policies where the public has common interests. By contrast, climate policy has broad public support but concentrated opposition in communities where costs are imposed. This spatial distribution of weak supporters and strong local opponents mirrors opposition to other policies with diffuse public benefits and concentrated local costs. I use a natural experiment to investigate whether citizens living in proximity to wind energy projects retrospectively punished an incumbent government because of its climate policy. Using both fixed effects and instrumental variable estimators, I identify electoral losses for the incumbent party ranging from 4 to 10%, with the effect persisting 3 km from wind turbines. There is also evidence that voters are informed, only punishing the government responsible for the policy. I conclude that the spatial distribution of citizens' policy preferences can affect democratic accountability through ‘spatially distorted signalling’, which can exacerbate political barriers to addressing climate change.     

Cost and the calculus of voting

Downs's (1957) theory of voting maintains that individuals balance the costs of voting against anticipated benefits in deciding whether to vote. However, most empirical tests of his theory have concluded that costs play little role in individuals' decisions to vote or abstain, and that benefits are the determining factor. Unfortunately, the existing empirical tests of the theory have been inadequate, especially in regard to the measurement of the cost of voting. Using data from the Comparative State Elections Project, we develop an improved indicator of the cost of voting. When this measure of cost is used in a test of Down's theory, we find, contrary to most earlier research, that the cost of voting seems to be a more important determinant of participation than the factors associated with voting benefits in Downs's model.The authors shared equally in the research reported; the order in which they are listed was determined randomly.