Congress,the Supreme Court,and Judicial Review: Testing a Constitutional Separation of Powers Model

Recent scholarship suggests that the U.S. Supreme Court might be constrained by Congress in constitutional cases. We suggest two potential paths to Congressional influence on the Court's constitutional decisions: a rational‐anticipation model, in which the Court moves away from its preferences in order to avoid being overruled, and an institutional‐maintenance model, in which the Court protects itself against Congressional attacks to its institutional prerogatives by scaling back its striking of laws when the distance between the Court and Congress increases. We test these models by using Common Space scores and the original roll‐call votes to estimate support in the current Congress for the original legislation and the Court's preferences over that legislation. We find that the Court does not appear to consider the likelihood of override in constitutional cases, but it does back away from striking laws when it is ideologically distant from Congress.     

The effects of observing conjugal violence on children: A review and analysis of research methodology

This review specifically addresses the effects on children of observing conjugal violence. A research of six major computer databases revealed 1764 references on family violence of which 29 articles dealt directly with the effects on children. These articles were judged by independent raters using a 56-item rating system designed to analyze methodological and assessment issues of empirical investigations. This analysis summarized these research efforts and indicated the need for more careful consideration of definitional, subject variable, familial stress, and reactive vs long-term effect issues. Additionally, specific proposals for future research were outlined; suggestions related to these issues, and some new directions for investigation were provided.     

Survival and Institutionalization of an Idea: The Rapid Rise of Intelligent Vehicle‐Highway Systems

Changes in existing institutions and/or the creation of new institutions often follow changes in political agendas and the acceptance of new ideas as viable policy solutions. This article describes the rise of a new policy solution in the early 1990s, an integrated set of transportation technologies—initially referred to as “intelligent vehicle‐highway systems” (IVHS)—and its subsequent survival and institutionalization. As a theoretical contribution, this article expands on the agenda‐setting framework of Kingdon (1995) and the subsequent work of Baumgartner and Jones (1993) on the nexus between agenda access and institutions. Tracing changes in existing institutions within the transportation policy domain, as well as the creation of a new institution devoted to the advocacy of this technology, this study illustrates the significance of ideas and institutions in the public policy process.     

Less is More—Optimization of DNA Extraction from Canine Feces

Although most DNA crime laboratories may not encounter fecal samples often, they are a familiar sample type in non‐human forensic laboratories due to their prevalence in the environment. Fecal matter can be challenging due to low numbers of nucleated cells and the presence of inhibitors that impede amplification success. Sampling location (internal vs. external), sampling quantity (10–200 mg), and various extraction protocols (silica matrix, bead beating, and clean‐up column) were evaluated to maximize DNA yield. The greatest yield of intact DNA was obtained using a modified silica matrix extraction protocol (VGL‐Fecal) on 30–50 mg of fecal matter collected from the external surface of a stool that had been dried for 24 h. This optimized sampling and extraction protocol was applied to a pilot study where DNA yield and genotyping success were evaluated. By optimizing our collection, sampling, and extraction procedures, a reliable method for maximizing the yield of canine fecal DNA was developed.     

Measuring psychopathic traits in children through self-report. The development of the Youth Psychopathic Traits Inventory-Child Version

The current article investigates whether self-reports of children provide reliable and valid information concerning psychopathic personality traits and behaviours. For this purpose, we developed a downward extension of an existing adolescent self-report measure; the Youth Psychopathic traits Inventory [YPI; Andershed, H., Kerr, M., Stattin, H., & Levander, S. (2002). Psychopathic traits in non-referred youths: Initial test of a new assessment tool. In E.S. Blaauw, L. (Ed.), Psychopaths: Current international perspectives (pp. 131-158): The Hague: Elsevier], called the Youth Psychopathic traits Inventory-Child Version (YPI-CV). The reliability and validity of the YPI-CV were tested in n=360 children from the general population. The YPI-CV had good internal consistency and a three factor structure similar to the original adolescent version. Test-retest reliability over a 6-month period was adequate. In validating the instrument, both self, teacher and peer report were used. The convergent and divergent validity of the three YPI-CV dimensions was examined by relating each of them to an external criterion measures assessing the same construct. It was concluded that psychopathic traits can be measured reliably and meaningfully through self-report in 9 to 12 year olds and that the YPI-CV is potentially a useful instrument for doing so.     

Opening the Black Box Between Justice and Reactions to Unfavorable Outcomes in the Workplace

Though several studies have shown that the perception of social justice can effectively reduce negative attitudinal and behavioral reactions to an unfavorable outcome, few studies have tried to empirically test explanations of this mitigating effect. The present study was undertaken to fill this gap by examining under what conditions social justice suppresses negative reactions, such as exit, neglect, and aggressive voice, and stimulates positive reactions, such as considerate voice and patience. Two potential moderators were derived from the control model (Thibaut and Walker, 1975, 1978) and the group-value model (Lind and Tyler, 1988, Tyler and Lind, 1992). Ninety-eight teachers participated in the study. Results support the hypotheses that overall procedural and distributive justice discourage negative reactions, particularly when employees value control or standing, or both. Moreover, distributive justice stimulates positive reactions (i.e., considerate voice) when employees value control. Theoretical and practical implications of these findings are discussed.     

The Influence of Jurisprudential Considerations on Supreme Court Decisionmaking: A Study of Conflict Cases

In this study, we assess the impact of attitudinal and jurisprudential factors on the Supreme Court's resolution of intercircuit conflicts. In doing so, we depart from earlier efforts to assess the impact of legal factors that conceptualize law as an external constraint. Instead, we view jurisprudential considerations in terms of the justices' efforts to adopt the most legally persuasive position in light of accepted methods of legal reasoning. Our analyses reveal that the justices are (1) more likely to follow the reasoning process adopted by the majority of circuits involved in the conflict, (2) less likely to adopt the conflict position marred by contrary dissents and concurrences in the circuit court opinions, and (3) more likely to adopt the conflict position endorsed by prestigious circuit court judges. Our findings suggest that jurisprudential considerations, as well as attitudinal concerns, affect the justices' decisionmaking processes in a substantial minority of cases.     

Nanotechnology . . . What Is It Good For? (Absolutely Everything): A Problem Definition Approach

Problem definition studies focus on the ways in which problems are characterized in the political domain, and how they can be used strategically to limit or expand policy participation. Nanotechnology entrepreneurs are vying for resources in the political domain while strategically linking their nano‐solution to multiple and ambiguous problems. This article considers the evolution of nanotechnology as a solution, and the linked problems from a problem definition perspective. We consider how nanotechnology has been defined over time, in the scientific community and in the media, through development of a database of problem and solution definitional change. We find that, over time, advocates have defined the solution from a more narrow perspective while maintaining the overall ambiguity of the problem set. We suggest that the problem definition perspective is a viable framework for understanding the fluid and complex dynamics of science and technology issues and offer several suggestions for further research.     

An Irony of History or the Exception as the Rule: The Implementation by Swedish Municipalities of an Economic Housing Policy Instrument

Perverse effects and ironies should be at the center of attention in academic public policy analysis. A 'perverse effect' is not any inadvertent result produced by a public measure but a result, inside or outside the target area, that is entirely opposite to the result intended. An 'irony', as defined here, is different from a perverse effect in that it designates any unintended and unexpected result whose causes are unknown or left without comment. The pronouncement 'this is an irony' means 'this is an unexpected result'; the statement 'this is a perverse effect' means 'this is an unexpected, diametrically opposite result at least partly produced by the intervention' (Vedung 1998a. Utvärdering i politik och förvaltning. Lund: Studentlitteratur, p. 62).
The article deals with the ironic result of an economic policy instrument in Swedish national housing land policy, the Land Stipulation Requisite for State Housing Loans 1974–91. The purpose of the requisite was that the pertinent municipality (not a private landowner) must have allocated to the building commissioner the land for his planned residential development if he was to be granted state housing loans.
The policy makers expected that the share of the total housing production taking place on land supplied by municipalities would increase. Yet between 1972 and 1990 the housing production on land supplied by municipal authorities decreased. This puzzling gap, referred to as the 'enigmatic irony' of the Land Stipulation Requisite, is explained. The explanation is phrased in the terminology of a general theory of public intervention results. The explanation may be summarized as 'exception as the rule'.     

TOWARDS “UNITY IN DIVERSITY” IN EUROPEAN DEVELOPMENT AID THROUGH DONOR HARMONIZATION AND DECENTRALIZED COOPERATION? A CASE STUDY OF FLANDERS AND BELGIUM

Official donors have over the past decade pledged to enhance aid effectiveness by improving donor harmonization. To this effect, the European Union (EU) launched initiatives on a division of labor among its Member States. At the same time, the EU encourages Europe's subnational authorities to engage in their own development cooperation. This however seems to undermine the same harmonization effort. Belgium, characterized by multiple levels of government, illustrates that these two approaches to aid effectiveness—collective division of labor at the national level and decentralized cooperation at lower levels—are only partially compatible. In partner countries where both the federal Belgian and regional Flemish governments are active donors, Belgium's composite aid is poorly harmonized. A principal–agent framework helps to explain such selfish positioning. This article argues that a higher degree of complementarity and harmonization among Belgium's various authorities is feasible, albeit in forms that are specific to recipient country and context. As both donors are not so much competing in aid supply policies but rather in terms of supply management, such technical arguments may assist in lessening the political pressure to selfishly emphasize diversity over unity. Copyright © 2013 John Wiley & Sons, Ltd.