The Effect of Question Order on Disclosure of Intimate Partner Violence: An Experimental Test Using the Conflict Tactics Scales

Two plausible but contradictory approaches to question order in research on sensitive or criminal behavior are (1) that presenting the questions in a sequence corresponding to a culturally recognized behavior pattern will facilitate disclosure, and (2) that presenting questions in random order will result in more disclosure because random order disrupts response sets. The question order of the original Conflict Tactics Scales (CTS1) used the culturally recognized sequence approach, and the revised CTS (CTS2) used a modified random order. This experiment was designed to determine which of these two question orders results in more disclosure of physical and sexual assault of a dating partner. The standard version of the CTS2, which has the questions from each of the 5 scales interspersed in a slightly modified random order, was administered to every second student in a sample of 417 university students. The other half of the sample were given the same instrument but with the questions in the culturally recognized sequential order used in the CTS1. The cultural sequence order begins with the socially approved behaviors in the Negotiation scale and ends with scales measuring antisocial and the criminal behavior such as the Physical Assault scale. The results indicate that the CTS2 random order produced significantly higher disclosure rates for the scales that measure criminal behavior (Physical Assault, Injury, and Sexual Coercion) and made no difference for the other CTS2 scales (Negotiation and Psychological Aggression). Although these results suggest that the CTS2 random order is the preferred approach, reasons to treat that conclusion with caution are presented.     

Judicial review of penalty clauses in Spanish law： A reason to not converge towards other European laws

Unlike the majority of European civil law systems （France, Germany, Italy, Austria, Belgium, Portugal and Switzerland）, the UNIDROIT Principles and the projects for the harmonization of European Private Law （PECL, DCFR and Gandolfi Code）, Spanish law only allows courts to reduce the sum stipulated by the parties in a penalty clause if the breach of contract has less entity than the one anticipated. Hence, the judicial review of penalty clauses on the grounds of equity is excluded. This paper aims to analyze why this is the most desirable solution in terms of efficiency, and why Spanish law should not converge towards other European laws.     

Some individual differences in perception of the evidence and the verdict choice

Abstract

For the last century, social research has provided evidence that contradicts the idea of objectivity in judicial procedure. As a result, research on jurors' potential bias has emerged. We propose an alternative to traditional jury, one in which social researchers collaborate with judges and lawyers, providing them with information on the juror bias. Legal authoritarianism is one of the characteristics of personality, which seems to be linked to juror verdicts. We present two studies, which develop a specific measure for this variable. The first study shows the relevance of legal authoritarianism as a variable to describe the psychological profile of juror-eligible respondents. The second study explores the relationship between legal authoritarianism and interpretation of the evidence, as well as the potential of this variable to predict verdicts.     

A new age of social movements: A fifth generation of non-governmental development organizations in the making?

This paper addresses two themes. Firstly, it presents the historical evolution of Northern Non-governmental Development Organizations, proposing an enlarged and transformed definition based on Korten's Generations. Secondly, it makes several recommendations for how to develop a hypothetical Fifth Generation of NGO-Northern and Southern alike whose activities might contribute to a very broad, diverse, and unpredictable social movement for structural change on both the political and social levels.     

Forgetting to make votes count: The role of previous democratic experience

This paper argues that wasted votes in founding elections decrease when countries have a previous democratic experience before the current democratic period. This historical-institutionalist argument is tested with national election results in 22 founding elections in third-wave European, Asian, Latin American and African democracies. The results demonstrate that having a democratic past clearly increases coordination and then reduces the percentage of wasted votes in the founding election, controlling for the electoral system.     

The right to data portability in the GDPR: Towards user-centric interoperability of digital services

The right to data portability is one of the most important novelties within the EU General Data Protection Regulation, both in terms of warranting control rights to data subjects and in terms of being found at the intersection between data protection and other fields of law (competition law, intellectual property, consumer protection, etc.). It constitutes, thus, a valuable case of development and diffusion of effective user-centric privacy enhancing technologies and a first tool to allow individuals to enjoy the immaterial wealth of their personal data in the data economy. Indeed, a free portability of personal data from one controller to another can be a strong tool for data subjects in order to foster competition of digital services and interoperability of platforms and in order to enhance controllership of individuals on their own data. However, the adopted formulation of the right to data portability in the GDPR could benefit from further clarification: several interpretations are possible, particularly with regard to the object of the right and its interrelation with other rights, potentially leading to additional challenges within its technical implementation. The aim of this article is to propose a first systematic interpretation of this new right, by suggesting a pragmatic and extensive approach, particularly taking advantage as much as possible of the interrelationship that this new legal provision can have with regard to the Digital Single Market and the fundamental rights of digital users. In sum, the right to data portability can be approximated under two different perspectives: the minimalist approach (the adieu scenario) and the empowering approach (the fusing scenario), which the authors consider highly preferable.