The Government Deference Dimension of Judicial Decision Making: Evidence from the Supreme Court of Norway

Past research has revealed conflicting findings regarding the degree to which judges on European apex courts enact their policy preferences or instead disagree on the basis of divergent legal views. We investigate disagreement between judges on the Norwegian Supreme Court between 1996 and 2016. During this period, the court dealt with a greater volume of policy-relevant cases than previously. The method of appointment to the court was also changed to a judicial appointments commission. We analyse non-unanimous cases using item response theory models. We find that judges are not divided along left–right lines but instead disagree about the appropriate degree of deference to give to public authorities. There is no significant association between the appointing government and judges' ideal points either before or after the reform to appointments. Judges who were formerly academics are however much less deferential than career judges or judges who were previously lawyers in private practice.     

Are transformational and transactional types of leadership compatible? A two‐wave study of employee motivation

Transformational and transactional leadership strategies have become prominent in public administration research, but it is unclear whether they are compatible or whether they could undermine each other. We examine the combined and interactive effects of transformational and three types of transactional leadership (contingent verbal rewards, material rewards, and sanctions) on employee work motivation, conceptualized as work engagement and intrinsic motivation. Panel analyses using repeated measures of 385 leaders and 3,797 employees show that transformational leadership and contingent verbal rewards increased employee motivation. However, simultaneous use of contingent material rewards undermined the benefits of transformational leadership. Thus, the motivational potential of service‐ or community‐oriented visions was undercut when leaders also appealed to extrinsic material motives. This could help explain why financial incentives do not always have the expected benefits in public organizations. We therefore argue that research and practice should pay more attention to how different leadership strategies work in combination.     

Cross-ethnic generalizability of the three-factor model of psychopathy: the Youth Psychopathic Traits Inventory in an incarcerated sample of native Dutch and Moroccan immigrant boys

Background

Previous research provides support for the existence of the psychopathy construct in youths. However, studies regarding the psychometric properties of psychopathy measures with ethnic minority youths are lacking.

Methods

In the present study, the three-factor structure of the Youth Psychopathic Traits Inventory (YPI) was examined for both native Dutch youth (N = 158) and an ethnic minority group, Moroccans (N = 141), in an incarcerated adolescent population in the Netherlands.

Results

Our results showed that the three-factor structure of the YPI is comparable across an ethnic majority and an ethnic minority group in an incarcerated sample in the Netherlands. Moreover, associations between psychopathic traits and mental health problems were similar for both ethnic groups.

Conclusion

The results support the cross-ethnic generalizability of the three-factor model of psychopathy as measured through the Youth Psychopathic Traits Inventory.     

Competing Supremacies and Clashing Institutional Rationalities: the Danish Supreme Court's Decision in the Ajos Case and the National Limits of Judicial Cooperation

On 6 December 2016, the Supreme Court of Denmark (SCDK) ruled on the grounds of Ajos case. The ruling concerned the scope of the principle of non‐discrimination on the grounds of age and whether a national court could weigh the principle of non‐discrimination on grounds of age against the principles of legal controversy, as the protection of legitimate expectations. The ruling has caused a great deal of controversy as the SCDK defied clear guidelines from the Court of Justice of the European Union (CJEU) in the ruling. Moreover, the case has been seen by some as an example of a new ‘sovereigntism’ in Danish law that is at odds with the project of European integration through law. This article explains the case from both an EU law and Danish constitutional law perspective. It concludes by providing a set of explanations of the new course of the SCDK in its relationship with the EU.     

Dissent,Legitimacy, and Public Support for Court Decisions: Evidence from a Survey‐Based Experiment

Scholars often argue that whereas unanimous rulings should boost public support for court decisions, dissents should fuel public opposition. Previous studies on public responses to U.S. Supreme Court decisions suggest that unanimity does in fact bolster support. However, a recent study has also found that dissents may increase support among opponents of a court decision by suggesting evidence of procedural justice. By examining how individuals react to dissents from the Supreme Court of Norway, this article is the first study outside the U.S. context of the public's reaction to unanimity and dissent. Breaking with the common notion of the negative effects of dissent on public support, the article shows that when the Supreme Court handles cases of higher political salience, the formulation of dissenting opinions can be a meaningful way of securing greater support for its policy outputs by suggesting evidence of procedural justice. Contrary to recent studies, however, this positive influence of dissent is irrespective of individuals' ex ante policy views.     

The Role of the Public Manager: Loyalty,Autonomy or Advocacy?

It is argued that the role of the public bureaucracy must be analysed along at least two dimensions. One dimension concerns the relationship between politicians and bureaucrats, i.e. the possible conflict between political loyalty and autonomy. The other dimension concerns the relationship between citizens and bureaucracy, i.e. the possible conflict between openness towards citizens and bureaucratic closedness. With the aid of data from a survey of 407 agency heads in Norwegian municipalities, it was possible to group different bureaucrats along the two dimensions. Four categories emerged from the analysis; a political bureaucrat, an autonomous bureaucrat, the "classic" administrator and the "linking pin". An attempt to predict group membership was made using variables on the societal, organizational as well as individual levels. This attempt was only partially successful, indicating that there is a need for other independent variables to explain group membership.     

Skin changes following defibrillation. The effect of high voltage direct current

Previously, electrical injuries have been suggested caused only by the concomitant heat developed during the passage of an electrical current. Recent experimental studies on fully anesthetized pigs and the study of one human case have, however, shown typical electrical alterations. The purpose of the present study was further to evaluate the histology of electrically induced changes in the skin in humans. In addition, supplementary in vivo methods for evaluation of skin changes as high-frequency ultrasound and Raman spectroscopy were used. The skin of 11 patients treated with a defibrillation of the heart was examined for macroscopic changes, the skin of eight of them also for histologic changes and for changes observable via supplementary methods. Immediately and 7 days after the defibrillation, fractions of a narrow red ring were observed along the periphery of the tin-foil electrode. Epidermis showed signs previously observed following electrical influence: segmental alterations often related to the openings of sweat ducts, darkstaining or "empty" nuclei and homogeneous cytoplasm, eosinophilic or pale. Dermis did not show the specific sign of electrical influence: deposits of calcium salts on dermal fibres, neither via histologic examination nor via high-frequency ultrasonography and Raman spectroscopy. Fractions of a narrow red ring along the periphery of the electrode showing histological signs of electric influence in epidermis thus appear to be characteristic of high voltage electrical injury.     

Markets and Municipalities: A Study of the Behavior of the Danish Municipalities

The complex pattern ofMarket Orientation of the 275 Danishmunicipalities is analyzed. An MO-variableis constructed from a poll covering 12tasks, where municipalities are free toproduce the service or purchase it on themarket. Six potential explanations of theMO-pattern are operationalized. Four ofthose work: (1) MO is a modernization, (2)spreading by diffusion. (3) MO increases ifthe municipality is under economicpressure. (4) MO stays low if the fractionof the population that depends upon thepublic sector is large. Whilestakeholder/pressure group politics thusworks, explanations based onideology/partisanship fail. In theintegrated Copenhagen metropolitan areamost explanations fail.