Race-Based Judgments, Race-Neutral Justifications: Experimental Examination of Peremptory Use and the Batson Challenge Procedure

Practically speaking, the peremptory challenge remained an inviolate jury selection tool in the United States until the Supreme Court's decision in Batson v. Kentucky. 476 U.S. 79 (1986). Batson's prohibition against race-based peremptories was based on two assumptions: (1) a prospective juror's race can bias jury selection judgments; (2) requiring attorneys to justify suspicious peremptories enables judges to determine whether a challenge is, indeed, race-neutral. The present investigation examines these assumptions through an experimental design using three participant populations: college students, advanced law students, and practicing attorneys. Results demonstrate that race does influence peremptory use, but these judgments are typically justified in race-neutral terms that effectively mask the biasing effects of race. The psychological processes underlying these tendencies are discussed, as are practical implications for the legal system.     

偏好与理性选择：保守主义人士也能接受的规制——行为经济学与“非对称父爱主义”的案例

非对称父爱主义的规制目的是帮助那些有限理性的人们避免犯成本过高的错误,同时仅对理性的人们加以很小的成本甚至不加以成本。结合了认知心理学与经济学的行为经济学表明,有时候即便有健康心智的人们在某些特定的、可预见的情形下也可能不会为他们长远的自身利益行事,很多非对称父爱主义的规制就是基于这种考虑而产生的。这些规制体现在缺省规则、对信息的提供或重组、冷却期、对消费者选择的限制等方面。非对称父爱主义并不必定是严厉的,它可能会引导产生比现有政策更温和的规则。而且新技术为将这种规制作为一种新的对规制选择的成本收益评估标准提供了新的可能性,因而值得被认真对待。     

Welfare Reform: Revolution or Retrenchment?

This article introduces the two main themes of this specialissue of Publius: The Journal of Federalism, workfare and federalism.At this early stage in the history of the 1996 Welfare ReformAct, these themes must be stated as questions rather than answers,as hypotheses not conclusions. What does the new welfare policyseek to accomplish? What are the effects—intended andunintended—of its limited devolution of power to the states?     

Criterion Analysis and Content Validity for Standardized Behavioral Tests in a Detector-Dog Breeding Program

Many working-dog programs assess behavior during a dog's first year of life with the aim of predicting success in the field. However, decisions about which tests to administer are frequently made on the basis of tradition or intuition. This study reports results from a survey given to U.S.A.'s Transportation Security Administration (TSA) detection-dog handlers (N = 34). We categorized and summarized handlers’ responses regarding traits they felt were important for work. We used this criterion analysis to examine the content validity of the TSA's puppy tests. Results indicate that 13 of 15 traits that are currently being measured are relevant. However, several traits not currently measured were identified as being highly important, notably “play” and off-duty “calmness.” These results provide support that the TSA tests are measuring traits relevant to operational search team performance but also highlight other traits that may be profitable to assess in this and other detection-dog programs.