Prosecuting Domestic Violence without Victim Participation

This article explores the evidential challenges victim withdrawal presents in domestic violence cases. More specifically it examines innovative measures taken in the United States to overcome problems of proof typically associated with domestic violence prosecutions. These evidentiary initiatives have facilitated a shift towards so–called 'victimless' prosecution in the context of domestic violence which dispenses with victim participation. Drawing upon a 'freedom model' of criminal justice, this article examines whether recent developments in the United States might be emulated as a means of addressing the high rate of attrition in domestic violence cases in England and Wales.     

Nothing to Lose: An Insurance Company's Duty of Good Faith and Fair Dealing,Punitive Damages,and The Legacies of Campbell

This article explores the potential evisceration of the deterrence function of punitive damages, one of the only economic incentives that deters insurance companies from opportunistically breaching their insurance policies. Readers will gain an understanding of why large punitive damages awards are essential in the insurance coverage field and how such awards may implicate due process standards. The article explains the constitutional limitations set forth by the U.S. Supreme Court in imposing punitive damages, and provides a roadmap of how lower courts and practitioners are presently applying these rules.     

Genotyping the future: scientists' expectations about race/ ethnicity after BiDil

The ongoing debate about the FDA approval of BiDil in 2005 demonstrates how the first racially/ethnically licensed drug is entangled in both Utopian and dystopian future visions about the continued saliency of race/ethnicity in science and medicine. Drawing on the sociology of expectations, this paper analyzes how scientists in the field of pharmacogenetics are constructing certain visions of the future with respect to the use of social categories of race/ethnicity and the impact of high-throughput genotyping technologies that promise to transform scientific practices.     

Juries and Viewpoint Representation

To generate high-quality deliberations, juries should be diverse in terms of not only demographics but also viewpoints. Using data from the Survey of Texas Adults (n = 1380), we examine whether existing processes select for individuals who represent the population on a variety of viewpoint characteristics, particularly whether the process of forming juries selects for people who are more independent-minded versus authority-minded. We find, on average, that those who believe in the importance of speaking English, are less compassionate, support Biblical literalism, and express more concern about the community effects of wrongdoing are more likely to have been former jurors than to not have served. Death penalty support is also modestly predictive of jury membership. Non-jurors rate their neighborhoods as cleaner than do former jurors. Results point to composition effects in the summonsing process and to the possibility that some types of people exempt themselves from this civic obligation.