Emotions and Attributions of Legal Responsibility and Blame: A Research Review

Research on the effects of emotions and moods on judgments of legal responsibility and blame is reviewed. Emotions and moods may influence decision makers in 3 ways: by affecting their information processing strategies, by inclining their judgments in the direction of the valence of the emotion or mood, and/or by providing informational cues to the proper decision. A model is proposed that incorporates these effects and further distinguishes among various affective influences in terms of whether the affect is provoked by a source integral or incidental to the judgment task, and whether it affects judgment directly (e.g., by providing an informational cue to judgment) or indirectly (e.g., by affecting construal of judgment target features, which in turn affects the judgment). Legal decision makers' abilities to correct for any affective influences they perceive to be undesirable and normative implications for legal theory and practice are briefly discussed.     

New visual technologies in court: directions for research

Litigation is being transformed by new visual communication technologies, including videoconferencing, PowerPoint, and computer animations. Yet the effects of these visual technologies on legal decision making are largely unknown. In order to understand better the most pressing issues surrounding technology in the courtroom, psychologists, lawyers, and representatives from technology companies and funding agencies attended a Research Conference on Courtroom Technology organized by the Federal Judicial Center. The goals of the conference were to identify issues raised by courtroom uses of new technologies that could be illuminated by empirical research and to suggest designs and methods for conducting that research. This paper emerged from that conference. The authors provide an overview of considerations that should guide research in this area, including a framework that takes into account features of the technology, the audience, and the legal strategy of the user of the technology. They outline a paradigm for conducting such research, illustrate it with several possible empirical studies of varying levels of experimental and conceptual complexity, and identify directions for subsequent research.     

Environmental Federalism Revisited: Second‐Order Devolution in Air Quality Regulation

In this paper we examine states' use of local clean air agencies and provide a preliminary assessment of what causes states to devolve air quality policy authority to the local level. Data from a unique comparative state survey shows that states vary widely in the number of local clean air agencies they employ and the amount of authority these agencies have to set standards, monitor air quality, and enforce regulations. Multivariate analyses suggest that second‐order devolution is partly driven by a general propensity to decentralize policy authority, but that policy‐specific factors relating to the problem and interest group environment affect devolution as well. These findings indicate that local agencies play an important role in U.S. air quality regulation, and that the dynamics of state devolution to local agencies deserve further study.     

Export-Oriented Populism: Commodities and Coalitions in Argentina

A new form of populism, combining broad-based benefits for urban workers with export promotion, emerged in Argentina under Néstor Kirchner (2003–2007). This article argues that changes in agricultural production created the conditions for this “export-oriented populism.” Historically, Argentina’s main exports, beef and wheat, were also the primary consumption goods of urban workers. Scholars such as Guillermo O’Donnell have argued that this linkage increased rural-urban conflict, resulting in shifting coalitions and recurring crises. Today, soybeans have replaced beef and wheat as the country’s leading export. Because soybeans are not consumed by the working class, Kirchner could both promote and tax their export, generating fiscal revenue for populist programs while not harming the effective purchasing power of urban workers or provoking a balance-of-payments crisis. Export orientation thus provided the basis for a new variant of Argentine populism. This study offers a new argument within the classic research tradition on the interaction between politics and various types of export growth. It likewise provides an additional basis for arguing that populism, as a form of politics, can arise in diverse economic circumstances. Furthermore, this article contends that, rather than uniformly promoting political stability, the effect of export booms is conditioned by the nature of economic linkages between the export sector and the domestic economy.

“Victim Refuses to Cooperate”: A Focal Concerns Analysis of Victim Cooperation in Sexual Assault Cases

Research suggests that victim cooperation is a strong predictor of arrest and prosecution in sexual assault cases. Relatively little research has focused on identifying the factors that shape the decision to cooperate and the research that does exist is largely atheoretical. We address these gaps by examining victim cooperation using a revised version of the focal concerns perspective. We use data on cases reported to law enforcement agencies in Los Angeles to estimate models using factors situated within three victim focal concerns—crime seriousness, costs of cooperation, and likelihood of conviction—for three stages of the case process. We supplement these results with qualitative data from police reports regarding the reasons why victims refused to cooperate. The findings of this study provide initial support for the theoretical development of victim cooperation using the focal concerns perspective and provide potential guidance to criminal justice practitioners on how to increase victim cooperation.