The Electronic Pillory: Social Time and Hostility Toward Capital Murderers

In early modern Europe, popular hostility toward criminals could be expressed through the use of the pillory (a device in which offenders were restrained and publicly displayed). Modern electronic communications have facilitated the emergence of contemporary versions of the pillory. One such example is prodeathpenalty.com , a Web site created by supporters of capital punishment that permits members to post comments about particular executions. Most such comments are markedly hostile toward the convicted offender. But is the hostility random or patterned? A new theory by Donald Black predicts that hostility will increase with changes in social space, or the movement of social time. Testing Black's theory, we find that the number of online comments hostile to the killer and supportive of the execution increases with the degree to which the murder was a movement of relational, vertical, and cultural time. Moving beyond the electronic pillory, we argue that Black's theory has much to offer to law and society scholars.     

Reconsidering the relationship between alcohol and lethal violence

Prior event-based research regarding the relationship between alcohol and violence suffers from important limitations, including the absence of a comparison group, an inappropriate comparison group, or a comparison group that could be considered appropriate but does not control for potential confounders. To overcome such limitations, we use a matched pair design. Drawing on interviews with men imprisoned for an aggravated assault or homicide committed in response to a conflict with another man, we examine matched pairs of violent and nonviolent conflicts nested within respondents. The results suggest that guns mediate the relationship between alcohol and lethal male-male violence.     

The patent lottery

A recent study by Boston academic economists James Bessen andMichael Muerer has argued that many patents are simply not worthhaving. Their case is based on the analysis of a large bodyof data. As James Bessen says, in a comment posted in responseto criticism on the IPKat weblog,

"We derived our estimatesof patent rents after reviewing 16 different papers publishedover 25 years, involving 17 different authors and several differentmethodologies.     

School Choice: Money,Race, and Congressional Voting on Vouchers

Milton Friedman has suggested that the political power of the AmericanFederation of Teachers and the National Education Association (the twomajor teachers unions) has been instrumental in defeating the adoption ofeducational vouchers. We test this hypothesis.We find that a campaign contribution to a memberof the U.S. House of Representatives by either unionreduces the probability that also a Representative will vote for apro school choice amendment to the ``No Child Left Behind Act of2001.'' Also a Representative whose districthas a large African American population or who is Republicanis more likely to vote for vouchers.     

IP: the universal lubricant

Press coverage of IP law is generally pathological: it focuseson things that have gone wrong. Youngsters who have the brightidea of copying and file-sharing their favourite recordingsand movies end up in court, as do sellers of knock-off perfumesin street markets, as do fashion chains whose new ranges ofdresses or accessories bear a striking resemblance to the linespreviously unveiled on Paris catwalks by leading designers. Even when there isn't     

When Culture Means Gender: Issues of Cultural Defence in the English Courts

The use of cultural defence has been much discussed in the American context and has figured as one of the areas of concern in feminist assessments of multiculturalism. This paper examines two categories of cases from the English courts, those where cultural context has been seen as significant in interpreting the actions of female defendants, and those where 'culture' is invoked to explain severe acts of violence against women. It argues that cultural arguments become available to female defendants mainly when they conform to stereotypical images of the subservient non-Western wife. They have not, on the whole, been successfully employed by male defendants to mitigate crimes against women, though there are troubling exceptions. The larger problem is that mainstream culture itself promotes a gendered understanding of agency and responsibility, as when it perceives men as understandably incensed by the sexual behaviour of their women, or women as less responsible for their actions because of the influence of men. The conclusion is that the uses and abuses of cultural defence highlight issues that have wider provenance, for it is when cultural arguments resonate with mainstream conventions that they have proved most effective.     

A legitimate trespass

No editor can fail to be conscious of the burden placed uponhis shoulders when he begins to select the words that introducea new publication to an audience of unfamiliar readers. Howshould he justify a further trespass on their limited time andresources? At the launch of a new title such as JIPLP the editor can scarcelypoint to its self-evident