Should Judges Justify Recourse to Broader Contexts When Interpreting Statutes?

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Courts purport to abandon ordinary meaning only when words in a statute accommodate more than...     

Reinventing Government: City Manager Attitudes and Actions

With the aim of helping move research from rhetoric to empirical reality, this article reports results of a national survey of city managers on attitudes towards and actions taken to implement principles of reinventing government. A large majority of managers support key principles of reinvention. A smaller proportion of managers has taken actions to recommend adoption of reinvention programs in their budget proposals to council. Managers' action-taking is influenced by certain characteristics of city managers, their communities, and their governments, including managers' attitudes and experiences, slack resources, and region.     

The Dynamic Prediction of Criminal Recidivism: A Three-wave Prospective Study

A three-wave, prospective panel design was used to assess the extent to which static and dynamic risk factors could predict criminal recidivism in a sample of 136 adult male offenders released from Canadian federal prisons. Static measures were assessed only once, prior to release while dynamic measures were assessed on three separate occasions: pre-release, 1 month, and 3 months post-release. Recidivism was coded during an average of 10.2-month follow-up period (SD = 19.2). A series of Cox regression survival analyses with time-dependent covariates and Receiver Operator Characteristic (ROC) analyses were conducted to assess predictive validity. Although the combined static and time-dependent dynamic model (AUC = .89, CI = .81–.93) significantly (p < .01) outperformed the pure static model (AUC = .81, CI = .73–.87) the confidence intervals did overlap to some extent. Implications for dynamic risk assessment and management are discussed.

Sense-making and secondary victimization among unsolved homicide co-victims

Sense-making is a form of meaning-making that focuses on understanding loss which then contributes to identity reconstruction. This qualitative study examines how perceived communication with the criminal justice system can inhibit sense-making among unsolved homicide co-victims. One-time intensive interviews were conducted with 37 co-victims about their interactions with police and prosecutors. A grounded theory approach suggest that co-victims held negative views of the police and prosecutors because they perceived them as inhibiting their ability to adequately locate information needed to understand the crime and achieve justice. Results also suggest that race and ethnicity play a role in reducing sense-making because constructions of meaning were based on perceptions of discrimination. In the end, the intense desire for information, resolution, and justice led several co-victims to investigate their loved one's murder. Policies that law enforcement should adopt to promote better communication with co-victims and facilitate sense-making are examined.     

The Nature and Extent of Conservation Policing: Law Enforcement Generalists or Conservation Specialists?

Little is known about law enforcement agencies with responsibility for fish, wildlife, and natural resource protection. Traditional conceptions of fish and wildlife police associate these officers almost entirely with fishing and hunting activities. The relative scarcity of academic literature regarding fish and wildlife police agencies results in a lack of understanding about their role in the criminal justice system in general. The current study seeks to contribute to the limited existing literature by examining conservation policing in Florida, a state not yet studied in this context, by analyzing some 2,910 field events. Findings indicate that officers devote a considerable portion of their attention to traditional law enforcement activities in addition to the type of enforcement customarily associated with fish and wildlife law enforcement.     

Cashless Welfare Transfers for ‘Vulnerable’ Welfare Recipients: Law,Ethics and Vulnerability

This article aims to contribute to literature on the conceptualisation of ‘vulnerability’ and its use by neo-liberal welfare regimes to demean, stigmatize and responsibilize welfare recipients. Several conceptions of ‘vulnerability’ will be explored and utilised in the context of welfare reforms that purport to regulate social security recipients as highly risky ‘vulnerable’ subjects. However, as this article will make clear, ‘vulnerability’ is a somewhat slippery concept and one susceptible to abuse by powerful interests intent on increasing coercive surveillance, discipline and disentitlement for those designated as ‘vulnerable’. Legislation enacted ostensibly to address the ‘vulnerability’ of welfare recipients can foster intensive regulation and it must be asked who benefits most from such arrangements and the rhetoric that supports them.     

Decentralized enforcement in organizations: An experimental approach

Social enforcement, the decentralized action by organizational actors of monitoring, identifying, and reporting legal violations, is widely recognized as a key factor in ensuring good governance. This article reports on an experimental survey conducted in the US and Israel examining the behavior of individuals when confronting workplace unlawful conduct. The study provides novel insights into the relationships between state based, organization based, and employee based enforcement. It finds that the likelihood and the manner of reporting will vary depending on the type of illegality and are strongly correlated to perceptions of legitimacy, job security, and voice within the workplace. Comparing illegalities, employees prefer to report clear violations by rank and file employees rather than violations by managers. At the same time, external reporting to government or media entities is most likely when violations involve the organization as a whole or implicate top management. The study also finds cultural and gender differences in reporting patterns. Finally, the study provides support for the understanding that social norms are more predictive of social enforcement than expected organizational costs.     

Disentangling effort and performance: a renewed look at gender differences in commercializing medical school research

Recently, questions about gender gaps in science have extended to academic technology transfer. Using systematic data on US medical school faculty, we capture both behavior and performance, examining the hypothesis that women are less likely than men to commercialize their research findings. We pooled faculty invention data from ten departments in three Academic Health Centers from 1991 to 1998??a period when patenting had become prevalent and other researchers note that a gender gap was pronounced. Rather than focusing on patenting, we capture the first step in the commercialization process, as well as the subsequent successful licensing of faculty inventions to a company. We find no significant gender differences in the likelihood of reporting inventions or successfully commercializing them. We do find differences in the number of inventions reported, however, with women disclosing fewer inventions than their male counterparts. Our results demonstrate that gender effects are highly conditioned by employment context and resources. We attribute differences in our findings with regards to gender to the use of outcome measures that capture both behavior and performance, and the inclusion of a more extensive set of control variables.