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221.
While the metaphor of House parties as cartels is widely accepted, its application to the Senate is difficult as the majority party lacks the power to unilaterally manipulate rules and pass legislation. Nevertheless, several scholars have argued that the Senate majority party is able to employ nondebatable motions to table to exclude unwanted amendments with procedural rather than substantive votes. Does the motion to table yield negative agenda control or special party influence? Using an analysis of individual Senators' behavior on thousands of votes and an assessment of interest group scores, we find that motions to table do not elicit higher party influence or provide much political cover. A desire to speed up the legislative process, rather than to insulate members from electoral scrutiny, seems to motivate the use of motions to table. 相似文献
222.
Objectives
Evaluate the use of various time series methods to measure the deterrence effect of capital punishment.Methods
The analysis of the time series approach to deterrence is conducted at two levels. First, the mathematical foundations of time series methods are described and the link between the time series properties of aggregate homicide and execution series and individual decision making is developed. Second, individual studies are examined for logical consistency.Results
The analysis concludes that time series methods used to study the deterrence effects of capital punishment suffer from fundamental limitations and fail to provide credible evidence. The common limitation of these studies is their lack of attention to identification problems. Suggestions are made as to directions for future work that may be able to mitigate the weaknesses of the current literature.Conclusions
Time series studies of capital punishment suffer from sufficiently serious identification problems that existing empirical findings are compatible with either the presence or the absence of a deterrent effect. 相似文献223.
Aaron Chalfin Amelia M. Haviland Steven Raphael 《Journal of Quantitative Criminology》2013,29(1):5-43
Objectives
We provide a critical review of empirical research on the deterrent effect of capital punishment that makes use of state and, in some instances, county-level, panel data.Methods
We present the underlying behavioral model that presumably informs the specification of panel data regressions, outline the typical model specification employed, discuss current norms regarding “best-practice” in the analysis of panel data, and engage in a critical review.Results
The connection between the theoretical reasoning underlying general deterrence and the regression models typically specified in this literature is tenuous. Many of the papers purporting to find strong effects of the death penalty on state-level murder rates suffer from basic methodological problems: weak instruments, questionable exclusion restrictions, failure to control for obvious factors, and incorrect calculation of standard errors which in turn has led to faulty statistical inference. The lack of variation in the key underlying explanatory variables and the heavy influence exerted by a few observations in state panel data regressions is a fundamental problem for all panel data studies of this question, leading to overwhelming model uncertainty.Conclusions
We find the recent panel literature on whether there is a deterrent effect of the death penalty to be inconclusive as a whole, and in many cases uninformative. Moreover, we do not see additional methodological tools that are likely to overcome the multiple challenges that face researchers in this domain, including the weak informativeness of the data, a lack of theory on the mechanisms involved, and the likely presence of unobserved confounders. 相似文献224.
Rhys Andrews Sebastian Jilke Steven Van de Walle 《European Journal of Political Research》2014,53(3):559-579
The degree to which different social groups get along is a key indicator of the cohesiveness of a society. This study examines perceptions of social cohesion among Europeans and explains variations in those perceptions by considering the separate and combined effects of economic strain and institutional trust. Analyses were conducted with the 27 member countries of the EU based on the Eurobarometer 74.1 on poverty and social exclusion conducted in 2010. Results show that individuals living in households experiencing economic strain perceive social cohesion to be weaker than their less economically hard‐pressed counterparts. By contrast, individuals trusting their political institutions perceived there to be higher levels of cohesion. Furthermore, institutional trust substantially moderates the negative relationship between economic strain and perceptions of cohesion. These results are robust to various model specifications. Moreover, extending the analysis revealed that this moderating effect held when considering social relations between the poor and rich and between different racial and ethnic groups. Theoretical and practical implications of the results are discussed. 相似文献
225.
Steven Chermak 《犯罪学与公共政策》2009,8(4):861-864
226.
227.
While the High Court accepted that there was some similaritybetween Kenwood's new kMix mixer and the KitchenAid Artisanfood mixer (the Artisan mixer) manufactured anddistributed by Whirlpool, it rejected Whirlpool's claims fortrade mark infringement and passing off because such similaritywas insufficient to cause confusion in the mind of the averagedesign conscious consumer, or to cause detriment to the distinctivecharacter or repute of Whirlpool's mark. 相似文献
228.
Calabresi SG 《Michigan law review》2008,106(8):1517-1542
This Article begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Carhart and then turns to the subject of Justice Kennedy's views in particular on substantive due process. In Part II, the Article goes on to consider whether the Glucksberg test for substantive due process decision making is correct in light of the original meaning of the Fourteenth Amendment.The Article concludes in Parts II and III that Glucksberg is right to confine substantive due process rights recognition to recognition only of those rights that are deeply rooted in history and tradition. 相似文献
229.
In an article entitled Dworkin's Fallacy, Or What thePhilosophy of Language Can't Teach Us about the Law,I argued that in Law's Empire Ronald Dworkin misderived hisinterpretive theory of law from an implicit interpretive theoryof meaning, thereby committing Dworkin's fallacy.In his recent book, Justice in Robes, Dworkin denies that hecommitted the fallacy. As evidence he points to the fact thathe considered three theories of law—conventionalism,pragmatism and law as integrity—inLaw's Empire. Only the last of these is interpretive, but each,he argues, is compatible with his interpretive theory of meaning,which he describes as the view that the doctrinal conceptof law is an interpretive concept. In this Reply, I arguethat Dworkin's argument that he does not commit Dworkin's fallacyis itself an example of the fallacy and that Dworkin's fallacypervades Justice in Robes just as much as it did Law's Empire. 相似文献
230.
What do eyewitness identification experiments typically show? We address this question through a meta-analysis of 94 comparisons between target-present and target-absent lineups. The analyses showed that: (a) correct identifications and correct-nonidentifications were uncorrelated, (b) suspect identifications were more diagnostic with respect to the suspect’s guilt or innocence than any other response, (c) nonidentifications were diagnostic of the suspect’s innocence, (d) the diagnosticity of foil identifications depended on lineup composition, and (e) don’t know responses were nondiagnostic with respect to guilt or innocence. Results of diagnosticity analyses for simultaneous and sequential lineups varied for full-sample versus direct-comparison analyses. Diagnosticity patterns also varied as a function of lineup composition. Theoretical, forensic, and legal implications are discussed. 相似文献