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.     

Paradoxical correlates of a facilitative parenting programme in prison—counter-productive intervention or first signs of responsible parenthood?

Parenting programmes are rarely part of prisoners' rehabilitation, and evaluations of such programmes are lacking.     

Estimating the Effect of Rent-Seeking on income distribution: an analysis of U.S. States and Counties

Public Choice - Prior empirical research on rent seeking has focused on estimating its effects on overall macroeconomic performance, with few studies attentive to income distribution. This paper...     

Shortcomings in the Operation and Coordination of Witness Protection in Australia. Where to from Here?

Criminal Law Forum - Witness protection in Australia has, to date, been less than successful in implementation and execution. An ad hoc system of Commonwealth and state/territory witness protection...     

Mobilizing Interests: Group Participation and Competition in Direct Democracy Elections

We examine group mobilization in direct democracy elections by assessing the conditions under which interests will actively support or oppose ballot measures. Motivating our analysis is that the decision to mobilize is driven by the costs and benefits of group participation, a calculus shaped by issue characteristics, state political institutions, and the electoral context. Using data from initiative and referendum measures appearing on statewide ballots from 2003 to 2008, we find that ballot measures involving social and tax issues are likely to produce competition among groups and increase the overall number of groups involved. In addition, we find that group competition and levels of mobilization increased in response to how difficult it would be for the legislature to undo the change brought about from passage of a ballot measure. Lastly, group competition and levels of mobilization increased for ballot measures appearing in nonpresidential election years and for ballot measures featuring a close election. Taken together, our results suggest that groups engage strategically in direct democracy elections to pursue a mix of policy and political goals.     

The theme of indivisibility in the post-war struggle against prejudice in the United States

Whitfield's essay seeks to identify and explain a tendency that emerged in the United States in the 1940s and extended through the 1950s. It was then that a notion became commonplace, especially among liberals, that the victims of prejudice were interchangeable and that bigotry was undifferentiated. Before the 1940s, the problem of prejudice was not widely believed to be urgent; but the war against the Third Reich heightened awareness of the price of an irrational hostility to minorities. American liberals in particular came to the understanding that bigotry was indivisible; and, for its objects, the cards of identity could easily be shuffled. Whether the victims were Jews or Negroes or homosexuals, the hatred that they elicited appeared to be formed without making any distinctions among them. Evidence can be found in the culture of those two decades, in novels, plays and films. The unitary view of the character of prejudice had some support in social science, including in the authoritative volume The Authoritarian Personality. The theory would also be reflected in a major shift in the agenda of Jewish civil rights organizations, which redefined their mission as promoting the democratic rights of all minorities rather than the particular interests of American Jews. This distinctive tendency vanished in the 1960s, however. One reason for the change was a fuller appreciation of the hostility that minorities could harbour towards other minorities. The realization also deepened of the singular vulnerability of black Americans under the pressure of racism, which demonstrated a tenacity as well as a proclivity for violence that had been largely absent from other forms of bigotry. Finally, a broader legitimation of difference itself emerged in the 1960s to bury the notion that minorities were fungible.     

Classification Systems for Stalking Behavior

Stalking is a complex behavioral phenomenon that is unique in that it necessarily involves a prolonged dyadic relationship between both a perpetrator and a victim. Since criminalization of stalking behavior in the 1990s, different conceptual typologies have attempted to classify this behavior to assess risk and aid in management decisions. The authors reviewed the current literature regarding the most recent and accepted stalking classification systems. The three predominant stalker typologies currently in use include Zona's stalker–victim types, Mullen's stalker typology, and the RECON stalker typology. Of these, the RECON classification system alone was developed in an attempt to separate stalkers into groups based on previously known risk factors for behaviorally based phenomenon such as propensity for violence. Understanding and simplifying these classification systems may enhance the potential that new research will lead to evidence‐based management and treatment strategies in the stalking situation.     

Error and its Meaning in Forensic Science

The discussion of “error” has gained momentum in forensic science in the wake of the Daubert guidelines and has intensified with the National Academy of Sciences' Report. Error has many different meanings, and too often, forensic practitioners themselves as well as the courts misunderstand scientific error and statistical error rates, often confusing them with practitioner error (or mistakes). Here, we present an overview of these concepts as they pertain to forensic science applications, discussing the difference between practitioner error (including mistakes), instrument error, statistical error, and method error. We urge forensic practitioners to ensure that potential sources of error and method limitations are understood and clearly communicated and advocate that the legal community be informed regarding the differences between interobserver errors, uncertainty, variation, and mistakes.     

Ruling the Sea: Managing Maritime Conflicts through UNCLOS and Exclusive Economic Zones

Two primary mechanisms for managing competitive interstate claims to maritime areas are evaluated: the creation of private ownership of maritime zones in the form of Exclusive Economic Zones (EEZs) and the creation of a global institution, the United Nations Convention on the Law of the Sea (UNCLOS), to establish standards for maritime claims and dispute resolution procedures. Analyses of maritime claims in the Western Hemisphere and Europe from 1900 to 2001 show that declared EEZs help states reach agreements over maritime conflicts in bilateral negotiations, while membership in UNCLOS prevents the outbreak of new maritime claims and promotes third-party management efforts of maritime conflicts. Neither mechanism influences the probability of militarized conflicts over maritime areas.