Sex, Property Rights, and Divorce

This paper examines how differences in sex drives between husbands and wives affect bargaining strengths during marriage and particularly at times when divorce might occur. The basic argument follows from the fact that sex drives vary over an individual's life cycle, and are systematically different for men and women. The spouse having the lowest sex drive at any time in the marriage has a property right over whether or not sexual intercourse will occur, with a consequent increase in bargaining power at the margin. The paper derives a number of testable implications from its model, and, using several data sources, shows empirically how this difference affects marriage, adultery and divorce.     

Orientations to juvenile justice: Exploratory notes from a statewide survey of juvenile justice decisionmakers

This study examined the extent to which orientations to juvenile justice held by decisionmakers are related to their functional roles and educational backgrounds. Predictions concerning this question were drawn from both the literature on complex organizations and writings by scholars interpreting and forecasting the future of juvenile justice.The findings indicate that assignment to specific roles in the juvenile justice system is a significant predictor of commitment to either a rehabilitative or a just deserts model of juvenile justice. This effect appears to be modified to some extent by educational backgrounds and professional identifications. The implications of these findings for a continuation of the traditional rehabilitative ideal in juvenile justice are discussed.     

The Secrets of Successful (and Unsuccessful) Mediators Continued: Studies Two and Three

In a survey of 216 advocates in mediation, the successful mediator's ability to gain the confidence of the parties was cited as important to his or her success more frequently than were any of the skills used by the mediator to bring about agreement. This article discusses the means by which mediators gain the confidence of disputing parties. The article also discusses the different skill and attribute profiles of different successful mediators and the advocates' views of the reasons for mediator failure. The article considers the implications of its findings for mediators, trainers, and advocates, and concludes with suggestions for future research.     

China’s Implementation of the United Nations Convention against Transnational Organized Crime

Seven years since signing and four years into its implementation, how well is China living up to the terms and spirit of the United Nations Convention against Transnational Organized Crime (UNTOC)? This paper reviews China’s compliance with UNTOC’s requirements concerning domestic criminal law and concludes that current P.R.C. law is substantially in conformity with UNTOC, though further legislative action is necessary to achieve full compliance. Looking beyond the law on the books, China continues to be a staunch supporter of international cooperation, as called for by UNTOC. Yet UNTOC has received scant attention in China compared with other multilateral instruments in the criminal justice realm. The timeline of reform begs the question whether UNTOC is responsible for goading China into taking any concrete legislative action. This paper posits that, in the absence of UNTOC, China’s domestic law would look exactly the same today.     

Aggregation effects on male-to-female arrest rate ratios in New York State, 1972 to 1984

The purpose of this paper is to assess the effects of data aggregation on a specification of the relationship between sex and arrest rate trends. The analysis focuses on the empirical implications when arrest data are aggregated across dimensions that are likely to affect the sex-crime relationship. The data for the analysis consist of 4,119,358 male and female adult arrests in New York State for the 13-year period ending in 1984. Results indicate that race, regional differences, and the legal seriousness of the arrest charge produce significantly different patterns of sex convergence across time. On the basis of these results, we suggest serious limitations in past analyses of female crime rates and in the value of Uniform Crime Report (UCR) data for addressing theoretically relevant questions concerning the social correlates of official crime.