The Hand Rule and United States v. Carroll Towing Co. Reconsidered

Judge Learned Hand’s opinion in United States v. CarrollTowing Co. (1947) is canonized in the law-and-economics literatureas the first use of cost-benefit analysis for determining negligenceand assigning liability. This article revisits the case in whichthe Hand formula was born and examines whether Judge Hand’sruling in that case would provide correct incentives for efficientlevels of precaution. We argue that the negligence test as usedby Judge Hand is somewhat different from the Hand test as usedby modern law-and-economics theorists. With a game theoreticanalysis of the case, we show that Judge Hand’s negligencetest could in fact produce games with inefficient equilibria,or with liability determinations opposite Judge Hand’s.     

The value of interpersonal skills in lawyering

Noting the historical negative public perception held of attorneys, a 2×2 factorial design was created to assess the relative roles of legal competence and relational skill in the formation of client attitudes toward attorneys. Ninety-three subjects viewed a simulated, video-taped attorney-client interview in which the attorney possessed either (a) high legal competence and high relational skill, or (b) low legal competence and high relational skill, or (c) high legal competence and low relational skill, or (d) low legal competence and low relational skill. Analysis of questionnaires completed by the subjects after viewing the tapes revealed the attorney having high legal competence and high relational skill to be viewed as most expert, attractive, trustworthy. probable of satisfying the client, and being recommended and used in the future. The attorney having low legal competence and high relational skill was rated second on sixteen of the seventeen measures employed, indicating that relational skill contributes more to the formation of a client's perception of his or her attorney than does the attorney's level of legal competence. Implications of the results for the training of future attorneys are discussed.The first thing we do, let's kill all the lawyers.     

Criminal Jury Trials in 2030: A Law Odyssey

‘Strategic foresight’ is a technique used by institutions to prepare for a technology‐charged future. It involves considering how the institution might look in the future. In doing so, it enables the institution to prepare for and achieve the preferred future. This article explores what the process of strategic foresight has to offer common law criminal justice systems, with a particular emphasis on the role of expert evidence in criminal jury trials. A hypothetical vision for the future set in 2030, which foresees the adoption of technological advances in the courtroom, is compared and contrasted with processes from a 2012 murder trial. We examine how a well‐designed digital courtroom could enhance the delivery of expert evidence. Considering ‘alternative future law scenarios’ can illuminate what a legal system is likely to need in times to come and can identify the necessary steps for beneficial adaptation via research, policies, and training.     

A modified Stroop task with sexual offenders: Replication of a study

Abstract

Cognitive–behavioural treatment of sexual offenders assumes that sexual offenders are motivated by deviant attitudes, perceptions and values. Although aspects of deviant schema can be assessed by questionnaires, self-report measures are limited by the respondent's willingness to be forthright and by the fact that, typically, these cognitive processes occur quickly, revealing signs of automaticity. Recent research by Smith and Waterman has suggested that the deviant schema of sexual offenders could be assessed using a version of the Stroop colour-naming task. Long latency periods to sexual colour words imply a longer information-processing route and evidence of pre-established (deviant) sexual cognitive schema. Stroop techniques may offer the advantage of eliminating limitations that arise when using self-report techniques, such as fakeability and social desirability concerns. The current study replicates and extends Smith and Waterman's results using samples of sexual offenders, non-sexual violent offenders and non-violent offenders. The cumulative results of the two studies suggests that Stroop techniques have promise, but that further work is required before measures are available that have sufficient reliability and validity to be used in applied contexts.     

Police Integrity and the Czech Police Officers

The Velvet Revolution of 1989 ended the socialist period in former Czechoslovakia. Sixteen years after the transition toward democratic policing, we explore the integrity contours of the Czech police. In the summer of 2005, we surveyed more than 600 police officers from East Bohemia regarding their perceptions about the seriousness of police corruption, the appropriate punishment such misconduct deserves and would receive, and their willingness to report misconduct. The results indicate that the majority of the respondents correctly labeled behaviors described in our questionnaire as rule‐violating. Furthermore, with the exception of the least serious forms of corruption, they supported and expected the two most serious forms of discipline: a cut in salary and dismissal. Finally, the majority of the respondents said that they would not be willing to tolerate the most serious forms of corruption in silence.     

FUTURE CHILD'S RIGHTS IN NEW REPRODUCTIVE TECHNOLOGY:THINKING OUTSIDE THE TUBE AND MAINTAINING THE CONNECTIONS

This article considers whether children born through assisted human reproduction are entitled to information about their biological origins. It examines the issue both from a clinical perspective, citing social science research and the personal narratives of donor‐conceived children, and from a legal perspective, outlining the extent of a child's “right to know” in different jurisdictions. The article suggests that a uniform legal approach is needed that will recognize the right of all children to access details about their identity and conception, for the sake of their psychological well‐being. The article includes a fact scenario that considers the situation of a donor‐conceived child who has become the subject of a custody dispute, and who has not been told the circumstances of his conception.     

Cyber Bullying and Internalizing Difficulties: Above and Beyond the Impact of Traditional Forms of Bullying

Although recent research has demonstrated significant links between involvement in cyber bullying and various internalizing difficulties, there exists debate as to whether these links are independent of involvement in more traditional forms of bullying. The present study systematically examined the association between involvement in cyber bullying, as either a victim or a bully, and both depressive symptomatology and suicidal ideation. Self-report data were collected from 399 (57 % female) Canadian adolescents in grades 8–10 (mean age = 14.2 years, SD = .91 years). Results indicated that involvement in cyber bullying, as either a victim or a bully, uniquely contributed to the prediction of both depressive symptomatology and suicidal ideation, over and above the contribution of involvement in traditional forms of bullying (physical, verbal, relational). Given the ever increasing rate of accessibility to technology in both schools and homes, these finding underscore the importance of addressing cyber bullying, with respect to both research and intervention, as a unique phenomenon with equally unique challenges for students, parents, school administrators and researchers alike.     

Legalism and English Administrative Law: Comment on Sterett

In a recent issue of this journal (Volume 15, Number 4, Fall 1990), Susan Sterett examined the role of the Law Commission in the development of English administrative law. She suggested that the Commission mimicked a "peak association" and adopted an "idiom of legalism" in order to justify its reform proposals. This comment disagrees with Sterett on three grounds. First, the role and constitutional position of the Commission is far more complex than Sterett suggests, and this affects the way in which the Commission works. Second, judges and academic lawyers were central to the reform of substantive principles of judicial review in the 1960s and 1970s, making it unnecessary for the Law Commission to act in this field. Finally, it is wrong to ignore the fact that much administrative law occurs outside the judicial review procedure.