Ideological Competition and Conflict in the Judicial Hierarchy

Circuit splits, or conflicting rules across multiple U.S. Courts of Appeals, have important policy implications and dramatic effects on Supreme Court case selection, yet we know little about the incentives ideological lower courts face when deciding whether to initiate conflict. This article develops a formal model of a judicial hierarchy where lower court judges are subject to review by a high court with distaste for unresolved conflict, termed “split-intolerance,” and with uncertain preferences over policy. Lower courts may compete by investing costly effort in legal quality to make their rules more attractive. In equilibrium, lower courts may initiate conflict even when the odds of success before the high court are remote. Surprisingly, lower courts grow more likely to create conflict as the high court's split-intolerance increases; however, split-intolerance can also incentivize greater lower court effort. I present qualitative evidence illustrating the model's explanatory power.     

Should algorithms be regulated by government?

There has been, and continues to be, an explosion in the use of algorithms across the economy and society. There are growing concerns about how algorithms are being used and whether they are accountable. This article reviews the literature on the issue of algorithms in several key areas, such as fairness, accountability, and transparency. The article examines arguments on why algorithms should be regulated, and it explores the available literature to identify how a potential Canadian regulatory framework may be developed.     

“He said,she said”: Sexual harassment in the fractured criminal justice work place

This article addresses the critical problem of sexual harassment in criminal justice agencies. The authors assess empirically the incidents of sexual harassment in criminal justice organizations, and discuss why sexual harassment is more prevalent in criminal justice agencies than in other public agencies.     

Bargaining for justice: A means to resolve competing justice claims

In many types of social situations, individuals defend their claims to a portion of the rewards by arguing that they are just. Although a great deal of research demonstrates that individuals differ in their distribution preferences and thus their beliefs about what is fair, the literature curiously omits consideration of the consequences of these differences, especially the conflict they may engender. This paper first reviews the few attempts to address such justice conflict. The limitations of these approaches suggest concerns to be addressed in an alternative framework. The paper presents a theoretical discussion of this alternative that integrates assumptions about distribution preferences, justice beliefs, conditions fostering the emergence of justice conflict, and elements of negotiation processes as a basic framework for predictions about the bargaining strategies individuals may employ to resolve competing justice claims.     

Effects of positional restraint on oxygen saturation and heart rate following exercise

This report assesses the effects on peripheral oxygen saturation and heart rate that positional restraint induces when a person is prone, handcuffed, and "hog-tied." Peripheral oxygen saturation and heart rate were monitored at rest, during exercise, and during recovery from exercise for 10 adult subjects. The effects of positional restraint produced a mean recovery time that was significantly prolonged. Consequently, the physiological effects produced by positional restraint should be recognized in deaths where such measures are used.     

Body packing: the value of modern imaging procedures in the detection of intracorporeal transport media

The necessity of rapid objective appraisal of the suspicion of intracorporeal drug smuggling (body-packing) by effective methods of investigation in the course of the first criminal investigation department measures raises the questions of suitable and admissible methods. The proportion of undetected crimes in intracorporeal narcotic smuggling must be rated as very high according to the data of the Federal Criminal Investigation Department. In the present paper, the suitability of various imaging techniques for drug detection are reported in terms of their risk, practicability and costs. For this purpose, the value of digital radiography, two-spectra radiography and X-ray computer tomography as compared to conventional X-ray investigations is examined in human experiments. A reality-oriented narcotics dummy (glucose pressed hard in preservative) was developed and administered to nine volunteers per os with a variable initial alimentary situation. Four radiograms were taken at fixed times up to 12 hours after administration with each imaging technique. The highest rate of detection was attained with computer tomography. In contrast to the other methods, more than 90% of the body packs could be identified here. Nevertheless, an application in criminal investigation practice cannot be recommended owing to various disadvantages. The recovery rate of the remaining methods is between 20% and 25%.     

The Poverty of Democracy: Neoliberal Reforms and Political Participation of the Poor in Mexico

Twenty years after governments across Latin America began implementing neoliberal reforms in earnest, concern is growing about their impact on the quality of democracy in the region. This article examines this issue in the case of Mexico by exploring how patterns of political participation, especially among the rural and urban poor, have changed since the implementation of free market reforms. It asks whether the institutional innovations associated with free market reforms make it easier or more difficult for the poor to participate in Mexico's political process. The answer is not encouraging. Despite democratic openings, the new linkages between the state and citizens established as a result of the transition to a free market development model stifle the voice of the poor not through the threat of force or coercion, but by creating obstacles and disincentives for political mobilization that affect the poor more severely than other groups.     

Youth Development Outcomes of the Camp Experience: Evidence for Multidimensional Growth

Three thousand, three hundred and ninety-five families, whose child attended one of 80 different day or resident summer camps for at least one week, completed customized questionnaires that measured growth from precamp to postcamp in four domains: Positive Identity, Social Skills, Physical & Thinking Skills, and Positive Values & Spirituality. Parents, children, and camp staff reported significant positive change in these four domains; more than would be expected by maturation alone. Most gains were maintained or showed additional growth six months later. Few of the camp's structural elements correlated with growth, nor did striking gender, age, or ethnicity differences emerge. The study highlights the particular strengths of camp as an educational institution and social movement and suggests that different variations of summer camp can provide potent developmental experiences. Christopher A. Thurber is full-time faculty at Phillips Exeter Academy in Exeter, New Hampshire. He received his PhD in clinical psychology from the University of California, Los Angeles, in 1997. His major research interests include homesickness, youth camping, and developmental psychopathology. Margery M. Scanlin is the Executive Officer for Research at the American Camp Association in Martinsville, Indiana. She received her EdD from Temple University in Philadelphia, PA, in 1982. Her major research interests include youth development outcomes, program improvement in youth organizations, and organizational aspects of effective camps. Leslie Scheuler Whitaker is a Senior Associate with Philliber Research Associates in St. Louis, Missouri. She received her PhD in social science research from Washington University in St. Louis in 2000. Her primary research areas include youth development, arts education, and program evaluation. Karla A. Henderson is a professor in the Department of Parks, Recreation, and Tourism at North Carolina State University. She received her PhD in education from the University of Minnesota in 1979 and is currently a member of the American Camp Association Board of Directors. Her research interests include leisure behavior theory, camping and outdoor education, and gender and diversity issues.