In the Shadow of Judicial Supremacy: Putting the Idea of Judicial Dialogue in Its Place

I aim to shed theoretical light on the meaning of judicial dialogue by comparing its practice in different jurisdictions. I first examine the practice of dialogic judicial review in Westminster democracies and constitutional departmentalism in American constitutional theory, showing the tendency toward judicial supremacy in both cases. Turning finally to continental Europe, I argue that the practice of constitutional dialogue there is reconciled with its postwar tradition of judicial supremacy through the deployment of proportionality analysis‐framed judicial admonition. I conclude that constitutional dialogue may take place amid the judicialization of constitutional politics, albeit in the shadow of judicial supremacy.     

Institutional Reforms and Democratization in Korea: the Case of the Kim Young Sam Administration, 1993–1998

This article examines the nature of political and institutional reform initiatives that have been carried out under former president Kim Young Sam. How effective have they been in consolidating democracy in Korea? Specifically, we examine why the Kim Young Sam government's political reform campaigns have been limited, and explore the impact of this limitation on his institutional reform initiatives and the process of consolidation of democracy in Korea. We argue that Kim Young Sam's initial political reform campaigns have contributed to creating a favorable environment for his institutional reform efforts. However, limitations of these initial political reform campaigns such as political funding and bribery scandals have hampered institutional reforms. We also argue that these difficulties were intensified by public dissatisfaction with Korea's poor economic performance and International Monetary Fund (IMF) financial assistance. As a result, Kim Young Sam's moral legitimacy as a civilian and reform-oriented leader toward the public has totally evaporated. Therefore, experiences under the Kim Young Sam administration are just trials and errors of democratization that show another failure in presidential leadership in Korea. These experiences will negatively affect the consolidation process of democracy in Korea by increasing the public's distrust of government as a whole. As a result, democratic consolidation in Korea is being delayed.     

Abusive Pediatric Thoracolumbar Fracture Due to Forced Hyperextension: Case Report,Biomechanical Considerations,and Review of the Literature

Pediatric thoracolumbar fractures are rare due to the physiological differences which afford greater resilience to the immature spine. Most pediatric thoracolumbar fractures occur as the result of high energy trauma, such as motor vehicle accidents, and modes of reasonable accidental injuries are limited by age and developmental capabilities of the child. These fractures can occur as the result of inflicted blunt force trauma and child abuse, and in most cases, the mechanism of injury to the spine is not known. We report the death of a 29-month-old man due to blunt force trauma to the back and forced hyperextension of the thoracolumbar spine causing fracture of the fourth lumbar (L4) vertebral body. A complete forensic examination revealed a previous healing fracture of the anterior aspect of the L4 vertebral body, with acute disruption of the anterior longitudinal ligament overlying the fracture site, complete fracture of the vertebral body, and fatal retroperitoneal hemorrhage. We present a review of the biomechanical considerations of the pediatric spine, a survey of pediatric spinal fractures, and a review of the literature on pediatric abusive thoracolumbar fractures. In this case, there was never a provided explanation for how the injury occurred; however, understanding the biomechanics of the pediatric spine allowed for the determination of the mechanism, force required to produce this specific pattern of abusive spinal injury, and the manner of death.     

Informed Preferences? The Impact of Unions on Workers' Policy Views

Despite declining memberships, labor unions still represent large shares of electorates worldwide. Yet their political clout remains contested. To what extent, and in what way, do unions shape workers' political preferences? We address these questions by combining unique survey data of American workers and a set of inferential strategies that exploit two sources of variation: the legal choice that workers face in joining or opting out of unions and the over‐time reversal of a union's policy position. Focusing on the issue of trade, we offer evidence that unions influence their members' policy preferences in a significant and theoretically predictable manner. In contrast, we find that self‐selection into membership accounts at most for a quarter of the observed “union effect.” The study illuminates the impact of unions in cohering workers' voice and provides insight on the role of information provision in shaping how citizens form policy preferences.     

The Difficulties in Assessing Wounds Created by .410 Bore Ammunition and Weapons

When interpreting firearm injuries, the distinction between gunshot wounds and shotgun wounds is important, and separation of these categories is typically straightforward. However, .410 bore firearms can make the classification difficult. Shotguns and revolvers that can fire the same .410 bore ammunition are readily available. This study investigates the soot and gunpowder deposits and pellet patterning of these two types of weapons using cartridges specially designed for .410 bore revolvers and standard birdshot pellet ammunition. For both ammunition types, the revolver had more prompt pellet dispersion and positive detection of gunpowder at greater distances compared to the shotgun. Additionally, .410 bore slugs are of similar caliber to many common bullets. In comparing the .410 bore slugs to equivalent bullets, some morphologic differences may be imparted on the skin by the slugs, but the greatest insight into the weapon remained with the retained projectiles.     

Do Industrial Tax Abatements Spur Property Value Growth?

Despite ongoing debate regarding the effectiveness of tax abatements, Michigan's Industrial Facilities Tax (IFT) abatement program has been widely and extensively used to boost local economic development. In this article, we estimate the effects of industrial property tax abatements on industrial, residential, and commercial property value growth in the context of regional competition for a panel of 152 communities in the five counties surrounding Detroit from 1983 through 2002. We find that: (1) offering tax abatements yields statistically significant positive impacts on industrial property value growth; (2) the impacts are larger in high tax than in low tax communities; (3) there are positive spillover effects of industrial tax abatements on residential and commercial property value growth; (4) tax abatements offered in competitor communities do not appear to influence own industrial property value growth; and (5) changes in the own as well as competitor property tax rates are important determinants of industrial property value growth. However, the fiscal benefits of tax abatements are quite small as compared with the costs of offering abatements even when spillover benefits to residential and commercial properties are considered.     

Co-Evolution of a University Department and a Dance Company: Creation of Value of Art in a Community

In Korea, arts and culture in the provinces are at a disadvantage in many aspects. We examine the difficulties of being a provincial dance organization. We analyze the strategies to overcome these difficulties and the resulting process of the co-evolution of a department of dance at a provincial university and its offshoot dance company. In their endeavor for survival, these dance organizations seek to be a part of the community with community dance programs that induce the participation of residents. The resulting values created in the community of the Western District of Daejeon City and the success factors of these organizations are also analyzed. Some implications of the co-evolutionary process to other provincial dance organizations are discussed.     

Religion and Misconduct in “Angola” Prison: Conversion,Congregational Participation,Religiosity, and Self-Identities*

Prior research tends to find an inverse relationship between inmates’ religion and misconduct in prison, but this relationship has lacked empirical explanation. We therefore propose the religion-misconduct relationship is mediated by inmates’ identity transformation on existential, cognitive, and emotional dimensions. To test the mediation, we conducted a survey of inmates at the Louisiana State Penitentiary (a.k.a. “Angola”). Controlling for inmates’ sociodemographic and criminal backgrounds, we estimated a latent-variable structural equation model of disciplinary convictions. Results showed that inmates’ religious conversion and, to a lesser extent, religiosity itself were positively related to existential and cognitive transformations as well as a “crystallization of discontent,” which were in turn associated with two types of emotional transformation in the expected direction. The crystallization of discontent and transformation in negative affect were related to disciplinary convictions as hypothesized, and their mediation of the effects of conversion and religiosity on misconduct were found to be significant.     

The measurement of family process variables: The effect of adolescent and parent perceptions of family life on delinquent behavior

Both adolescent and parental perceptions of how family members interact with and feel about one another are examined to determine their relationship to official and self-reported delinquent behavior. Consistent with prior research, adolescent perceptions of family processes were weakly related to those of their parents. Both parental and adolescent family process measures made independent and significant contributions to the explanation of self-reported and official delinquent behavior. Parental measures contributed more to the explanation of official data than did adolescent measures when compared to the results for self-reported delinquency. Methodological and substantive reasons for these findings are discussed. The importance of taking into account parental perceptions of family interaction, as well as the perceptions of adolescents, is emphasized.