De facto departures from insanity instructions

De facto departures form the law (de jure) have been noted in such areas as jury revolts, jury nullification, extralegal concerns, and insanity. The thesis developed here is that (a) when such departures have occurred in insanity cases, acritical rather thaninstructive view of jurors has prevailed; (b) this critical view impedes efforts to empirically understand jurors' constructs of insanity and thereby restricts considered legal changes; (c) the Insanity Defense Reform Act of 1984 is illustrative of such narrowly considered changes, and, based on empirical findings, this act fails to instruct jurors or produce verdicts different from its predecessors; and (d) based on empirical findings, the common sense construals ofsane andinsane do emerge, complex though they be. Suggestions toward an empirically derived common law test of insanity, one that harmonizes legal, psychological, and common sense perspectives, are offered.This article is based in part on a paper, De Jure and De Facto Insanity Tests, presented at the American Psychological Association's Annual Convention, August 14, 1988, Atlanta, Georgia.     

WTO 2.0: Governance of 21st century trade

The cross-border flows of goods, investment, services, know-how and people associated with international production networks–call it ‘supply-chain trade’ for short–has transformed the world. The WTO has not kept pace. This paper argues that adapting world trade governance to the realities of supply-chain trade will require a new organization–a WTO 2.0 as it were. Reasoning on the optimal nature of the new organization is based on the nature of supply-chain trade, the nature of the disciplines that underpin it, and the nature of the gains from cooperation.     

Calavita's Invitation to Law & Society: Introduction to the Symposium

This essay introduces a Law & Social Inquiry symposium on Kitty Calavita's book Invitation to Law & Society: An Introduction to the Study of Real Law (2010) that features comments on the law and society enterprise by Jeannine Bell, Austin Sarat, and Christopher Tomlins. It briefly discusses the commentators' views of this enterprise as revealed in their essays and challenges points made by each of them. It goes on to discuss the book's suitability as a student‐oriented introduction to the field of law and society, filling a gap the commentators left open.     

Underdevelopment,Urban Squatting,and The State Bureaucracy: A Case Study of Tanzania

This article investigates a part of the “story of the story” of the 1924 revolution, the first popular anticolonial uprising in Sudan to be framed by a nationalist ideology. Considering that the process that turns a past event into history is neither linear nor predictable, I draw on Trouillot's “catalogue of silences” to compare two sets of sources that correspond to two moments in the making of 1924 as history: first, the judicial records produced by the Sudan government during 1924, and second the Ewart Report, written in 1925, to “seal” the revolution. A comparison of these two sources reveals radical discrepancies in the narrative, as well as the silences imposed on and well-concealed fine-tunings of the various voices of the revolution. Of these two sets of sources, it is the Ewart Report that provides the most influential interpretation of the 1924 revolution.     

Decentralizing supervision to attain higher productivity: the case of the ecuadorian health system

There is growing interest in developed and developing countries about how to best administer public programs in order to maximize the return on invested resources. This paper examines the extent to which decentralized supervision can help improve health worker productivity. Data on health workers in Ecuador are analyzed. The results suggest that local (or decentralized) supervision is conducive to higher productivity and more hours worked per day by Ecuador's health promoters. The implications for higher health status, and for improving health care in other developing countries are discussed.