The Influence of Congressional Preferences on Legislative Overrides of Supreme Court Decisions

Studies of Court–Congress relations assume that Congress overrides Court decisions based on legislative preferences, but no empirical evidence supports this claim. Our first goal is to show that Congress is more likely to pass override legislation the further ideologically removed a decision is from pivotal legislative actors. Second, we seek to determine whether Congress rationally anticipates Court rejection of override legislation, avoiding legislation when the current Court is likely to strike it down. Third, most studies argue that Congress only overrides statutory decisions. We contend that Congress has an incentive to override all Court decisions with which it disagrees, regardless of their legal basis. Using data on congressional overrides of Supreme Court decisions between 1946 and 1990, we show that Congress overrides Court decisions with which it ideologically disagrees, is not less likely to override when it anticipates that the Court will reject override legislation, and acts on preferences regardless of the legal basis of a decision. We therefore empirically substantiate a core part of separation‐of‐powers models of Court–Congress relations, as well as speak to the relative power of Congress and the Court on the ultimate content of policy.     

An extremely sensitive species-specific ARMs PCR test for the presence of tiger bone DNA

The survival of the tiger (Panthera tigris) is seriously threatened by poaching to provide raw materials for Traditional Chinese Medicines (TCMs). Most highly prized are the tiger's bones, which are used in combination with other animal and plant derivatives in pills and plasters for the treatment of rheumatism and other ailments. Hundreds of patent remedies have been produced which claim to contain tiger bone, but proof of its presence is needed, if legislation prohibiting the trade in endangered species is to be enforced. A highly sensitive tiger-specific real-time PCR assay has been developed to address this problem. Using primers specific to the tiger mitochondrial cytochrome b gene, successful amplification has been reliably achieved from blood, hair and bone as well as from a range of TCMs spiked with 0.5% tiger bone. Although capable of detecting fewer than 10 substrate molecules, the seven varieties of TCM pills and plasters tested showed no detectable trace of tiger DNA before spiking. Furthermore, sequencing several "tiger bone" fragments seized from TCM shops has shown that they actually originated from cattle and pigs. The potential effects of traditional bone preparation methods, evidence that much lower concentrations are used than alleged on TCM packaging, and substitution of bones from other species all suggest a low likelihood of detecting tiger DNA in patent medicines. Despite this, the basic methods have been thoroughly proven and can be readily applied to derivatives from other CITES protected species providing a rapid and highly sensitive forensic test for species of origin. Potential applications to the monitoring of wild populations are demonstrated by the successful identification of shed hairs and faecal samples.     

Early Adolescent Sexual Initiation and Physical/Psychological Symptoms: A Comparative Analysis of Five Nations

Although most people in developed countries experience sexual initiation during adolescence, little is known about inter-country variability in the psychosocial correlates of early initiation. Population-based samples of 15-year-olds (n = 6,111, 52% female) who participated in the Health Behaviors in School-Aged Children Study (Finland, Scotland, France and Poland, 1997/1998) or the National Longitudinal Study of Adolescent Health (United States, 1996) self-reported sexual intercourse experience and physical (headaches, trouble sleeping) or psychological (unhappiness, loneliness, sadness, moodiness) symptoms. Analyses were conducted stratified by gender. Sexual initiation prevalence and symptoms scores varied significantly across nations. In adjusted models, sexual initiation was not related to symptoms among boys in any nation, but significantly positively related to symptoms among girls in Poland and the US. Results support variability by gender and nation in the relationship between adolescents’ sexual initiation and physical/psychological symptoms. Empirically investigating specific features of national contexts that generate these differences should be explored further.     

An extremely sensitive species-specific ARMS PCR test for the presence of tiger bone DNA

The survival of the tiger (Panthera tigris) is seriously threatened by poaching to provide raw materials for traditional Chinese medicines (TCMs). Most highly prized are the tiger's bones, which are used in combination with other animal and plant derivatives in pills and plasters for the treatment of rheumatism and other ailments. Hundreds of patent remedies have been produced which claim to contain tiger bone, but proof of its presence is needed if legislation prohibiting the trade in endangered species is to be enforced.A highly sensitive tiger-specific real-time PCR assay has been developed to address this problem. Using primers specific to the tiger mitochondrial cytochrome b gene, successful amplification has been reliably achieved from blood, hair and bone as well as from a range of TCMs spiked with 0.5% tiger bone. Although capable of detecting fewer than 10 substrate molecules, the seven varieties of TCM pills and plasters tested showed no detectable trace of tiger DNA before spiking. Furthermore, sequencing several "tiger bone" fragments seized from TCM shops has shown that they actually originated from cattle and pigs. The potential effects of traditional bone preparation methods, evidence that much lower concentrations are used than alleged on TCM packaging, and substitution of bones from other species all suggest a low likelihood of detecting tiger DNA in patent medicines. Despite this, the basic methods have been thoroughly proven and can be readily applied to derivatives from other Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) protected species, providing a rapid and highly sensitive forensic test for species of origin. Potential applications to the monitoring of wild populations are demonstrated by the successful identification of shed hairs and faecal samples.     

Mitochondrial profiling of dog hairs

In order to make greater use of dog hairs as forensic evidence, we have developed a robust method for duplex amplification of adjacent 306 and 332bp amplicons within the 5' hypervariable region (5' HVR) of the canine mitochondrial control region. In support of this, a 595bp region covering 35 polymorphic sites has been sequenced from the blood of 105 UK dogs. In total, 30 different haplotypes were observed, 13 only once whilst the commonest was seen 14 times; the overall exclusion capacity is 0.929. One animal was heteroplasmic in blood for a single base deletion and showed phenotypes ranging from near complete deletion to a predominance of the base among a sample of 12 hairs. In contrast, no evidence of heteroplasmy was seen in single hairs from 20 dogs which were not visibly heteroplasmic in blood. Phylogenetic analysis and comparisons with other published databases highlighted instances of possible recurrent mutation which may be relevant when interpreting single base differences between samples.     

National protest agenda and the dimensionality of party politics: Evidence from four East-Central European democracies

Contemporary democracies show considerable differences in the issue composition of their protest politics, which tends to remain relatively stable over time. In countries like Germany or the Czech Republic, the vast majority of protests have been mobilised around sociocultural issues, such as human rights, peace, nuclear power or the environment, and only a tiny portion of protest has focused on economic issues. At the opposite extreme, protest in France or Poland usually has a strongly economic character and voices demands relating to material redistribution and social policy. What lies behind the cross-country differences in national protest agendas? In this article, the national protest agenda depends on what issues mainstream political parties are contesting: the content and strength of the master-issue dimension. In reference to the literature on the multidimensional political space and niche political parties, one should expect that there is a substitutive effect; where the stronger a specific master-issue dimension is in party politics, the less salient that issue dimension is in protest politics. This substitutive effect results from the tendency of electoral politics to reduce political conflict to a single-dimension equilibrium, which decreases the importance of other issues and relegates the contest over secondary, niche issues to the realm of policy-seeking strategies, with protest being a common type of this political strategy. In party systems where single-dimension equilibrium does not exist and the master-issue dimension is weaker, the same dynamics result in a more convergent relationship between party and protest politics and a greater similarity between the protest- and party-system agendas. To investigate this theory, the national protest agendas in four countries are examined. The Czech Republic, Hungary, Poland and Slovakia show four combinations of two crucial factors that are not available in the old Western democracies: the content and the strength of the master-issue dimension. The study draws on an original dataset of protest events organised in the four countries between 1993 and 2010, and on qualitative and quantitative data on issue dimensions of party politics obtained from studies on party politics and expert surveys. The results show that in the Czech Republic, where the master-issue dimension has remained strongly economic, protest has been predominantly sociocultural. In Poland between 1993 and 2001 and Hungary between 1993 and 2006, the master-issue dimensions are strongly sociocultural, while protest is predominantly economic. There is no single-dimension equilibrium in party politics in Slovakia or in post-2001 Poland and mainstream parties compete on both economic and sociocultural issues. Consequently, the substitutive dynamics between party and protest politics is weaker and the issue agendas in party and protest arenas are here more alike.     

Network Analysis and the Law: Measuring the Legal Importance of Precedents at the U.S. Supreme Court

Timothy R. Johnson Department of Political Science, University of Minnesota, Twin Cities, 1414 Social Sciences Building, 267 19th Ave. South, Minneapolis, MN 55455 e-mail: trj{at}umn.edu James F. Spriggs, II Department of Political Science, Washington University in St. Louis, Campus Box 1063, One Brookings Drive, St Louis, MO 63130 e-mail: jspriggs{at}artsci.wustl.edu Sangick Jeon Department of Political Science, Stanford University, 616 Serra Street, Encina Hall West, Room 100, Stanford, CA 94305-6044 e-mail: sjeon{at}stanford.edu Paul J. Wahlbeck Department of Political Science, George Washington University, 1922 F Street, N.W. Suite 401, Washington, DC 20052 e-mail: wahlbeck{at}gwu.edu e-mail: jhfowler{at}ucsd.edu (corresponding author) We construct the complete network of 26,681 majority opinionswritten by the U.S. Supreme Court and the cases that cite themfrom 1791 to 2005. We describe a method for using the patternsin citations within and across cases to create importance scoresthat identify the most legally relevant precedents in the networkof Supreme Court law at any given point in time. Our measuresare superior to existing network-based alternatives and, forexample, offer information regarding case importance not evidentin simple citation counts. We also demonstrate the validityof our measures by showing that they are strongly correlatedwith the future citation behavior of state courts, the U.S.Courts of Appeals, and the U.S. Supreme Court. In so doing,we show that network analysis is a viable way of measuring howcentral a case is to law at the Court and suggest that it canbe used to measure other legal concepts. Authors' note: We appreciate the suggestions of Randy Calvert,Frank Cross, Pauline Kim, Andrew Martin, Richard Pacelle, JimRogers, Margo Schlanger, Amy Steigerwalt, and participants inthe Workshop on Empirical Research in the Law at WashingtonUniversity in St Louis School of Law. We presented former versionsof this article at the 2006 meeting of the Midwest PoliticalScience Association, Chicago, April 20–23; the 2006 meetingof the Southern Political Science Association, Atlanta, GA,January 5–7; and the 2006 Empirical Legal Studies Conference,Austin, TX, October 27–28.     

The experience of sexual assault: findings from a statewide victim needs assessment

A statewide assessment was conducted of assaults, experiences, needs, and recommendations of 125 adult victims receiving care at 19 sexual assault centers (SACs) in the State of Maryland. More than one half of the victims (55.6%) waited years before disclosing, with delays in reporting especially likely if the assault was perpetrated by a family member (the most frequent perpetrators at 42.4% of respondents). About one half of the victims (51.3%) had been previously sexually assaulted, yet only 9% of these victims had sought treatment. The majority of respondents (69.4%) indicated they would not be filing charges against perpetrators, and of those who did, 46.2% reported dissatisfaction with the interview with police. Psychological symptoms such as depression and anxiety were the most common reasons for seeking care at the centers. Nearly all of respondents rated the care they received at the centers as very good or excellent. Respondents recommended more SACs, better advertising of their services, more mental health care within them (especially group therapy), and improved laws and law enforcement of perpetrators.