Passing the buck? Analyzing the delegation of discretion after transposition of European Union law

This article seeks to map and explain the extent to which national legislators constrain discretion contained in European Union directives during transposition. To this end, we use standard hypotheses from the domestic delegation literature regarding the necessity of policy conflict and transaction costs. Our empirical approach is based on a focused comparison of the transposition of several provisions of the Asylum Reception Conditions Directive in France, Germany, and the Netherlands. In order to capture content‐specific aspects of discretion we employ an innovative measurement tool, the so‐called Institutional Grammar Tool. The study shows that while all three states formally comply with the directive, the level of European Union discretion delegated to practical implementers varies considerably across the cases. Standard delegation theory cannot fully explain the patterns. Instead, existing delegation theories have to be adjusted to the transposition context, by accounting for domestic preferences regarding the status quo.     

CHILDREN'S LAWYERS IN CALIFORNIA FAMILY LAW COURTS

There simply is no dos-and-don'ts checklist that will address the myriad issues facing children's attorneys and eliminate the difficult questions that face them. Conscientious lawyering is the key to alleviating potential ethical culpability. This requires the commitment of significant time to learn about the child client and his or her special needs. Unique responses are often required to meet individual problems. Beyond that, attorneys for children are left to determine their own subjective criteria to guide their representation.¹
The child is a person, not an object of concern.²     

Bared buttocks and federal cases

Her recent publications include Equity and Gender: The Comparable Worth Debateand Property Rights and Eminent Domain,both published by Transaction.     

Disclosure of child sexual abuse: expressed emotions and credibility judgments of a child mock victim

Both lay persons and professionals believe that the emotions displayed by a child witness during disclosure of sexual abuse are a factor of importance when judging the child's credibility. Unfortunately, not all children display emotions according to expectations, leading to misjudgments, and possible miscarriage of justice. In the present study, we examined how lay people's credibility judgments were influenced by a child's displayed emotions during the disclosure of sexual abuse. Participants (n?=?119), viewed video recordings of a mock police interview of an 11-year-old child actor disclosing sexual abuse, displaying one of four emotional expressions (angry, sad, neutral, and positive). Results showed that participants were strongly influenced by the emotions displayed; in particular, the display of strong negative emotions (anger) or positive emotions during disclosure significantly reduced judged credibility. The credibility ratings predicted the participant? judgments of the defendant's guilt and the willingness to pass a guilty vote in a hypothetical trial.