bluuebunny/crossref_metadata_2025_split huggingface dataset:
Methods of Deferred Sentencing in Testing the Fraction Defective of a Continuous Output
Authors: Anscombe F. J. , Godwin H. J. , Plackett R. L. 
Published: June 2006

Summary
When the output of a continuous process is subjected to a routine test, in which it is observed whether the articles sampled are satisfactory or defective, a clustering of defectives (i.e. the occurrence of several defectives in rapid succession) may be taken as an indication that quality has deteriorated. In Part I inspection schemes of this kind are considered and compared with sequential sampling methods applied to the product after it has been divided into bulks of a suitable size. In Part II it is shown how the operating characteristic of a deferred sentencing scheme can be calculated.
These schemes are, we believe, the only inspection procedures available at present that relate specifically to a continuous output and apply when the inspection test is destructive. They are non-rectifying.
Mathematically, we are concerned with, among other problems, the frequency of clusters of random points on a line of infinite length.
Most of the work on which this paper is based was carried out by the authors in the Ministry of Supply Advisory Service on Statistical Method (S.R. 17), and their thanks are due to the Director-General of Scientific Research (Defence) for permission to publish it. Part I and the first section of Part II are by F. J. Anscombe, and the remainder of Part II by H. J. Godwin and R. L. Plackett, as indicated by author’s initials.
Methodological Problems in Studies of Sentencing
Authors: Zeisel Hans 
Published: June 2006

The law, especially Anglo-American law, gives as a rule wide latitude to the determination of the sentence that follows the conviction of a defendant. The law may set the minimum or maximum sentence for the particular crime, it may set the range, or it may allow different types of sentences (fine, prison, etc.); at the very least, it provides a choice between two alternatives, for instance, after conviction of a capital crime, it now allows in most states a finding of death or life in prison.As a rule it is the judge who determines the sentence, but in capital cases, and in some states in other cases, it is the jury. In one state, California, it is the prison authority to whom the sentencing decision falls, the judge merely pronounces sentence in terms of the range set by the penal code. But wherever the discretionary power lies, discretion is almost unlimited. Very seldom will an appellate court impinge on this discretion and change the sentence.
Implementing Legal Policies Through Operant Conditioning: The Case of Police Practices
Authors: Levine James P. 
Published: June 2006

One serious obstacle to the achievement of social change in America has been the intransigence of large bureaucracies toward changes in goals, procedures, and styles. Although programs ad infinitum to remedy evils such as poverty, segregation, crime, and pollution are proposed and even written into law, the day-to-day operation of our political institutions often fails to reflect these innovations. Thus we are unable to evaluate the merits of alternative solutions to such ills because they are never given the test of full-fledged implementation.In this paper I am going to suggest various measures to modify the behavior of one important political institution which has been staunchly resistant to change—the police. Our under standing of police operations is still quite limited (due partially to the secretive nature of most departments), but as David Easton (1969) has argued, social scientists have an obligation to use whatever intellectual tools are at their disposal to obtain “quick, short-run answers” to questions of pressing social concern. To this end, what follows is an attempt to apply some principles of learning theory (developed largely in highly-structured psychology laboratories on infra-human subjects) to the chaotic environment of the cop on the beat.
A Note Concerning Partisan Influences on Trial-Judge Decision Making
Authors: Walker Thomas G. 
Published: June 2006

During the past decade students of the judicial process have devoted considerable resources to an examination of the influence of political party affiliation on judicial decision making. The consequences of this research are substantial due to the key position held by the political party variable in judicial “social background” theory and value questions will necessarily be raised if partisan membership is found to activate certain decisional propensities in a judge's behavior.Research on the influence of party affiliation on judicial decision making, however, has not been distinguished by clear findings and has left us in a position from which we are unable to generalize to courts not yet studied. Early work on the political party variable concluded that its relationship with decision making did indeed exist. Schubert (1959: 129–142) and Ulmer (1962), in studying workmen's compensation decisions handed down by the Michigan Supreme Court, demonstrated the important role played by partisan politics on that particular tribunal.
Conclusion: Disputes and Reported Cases
Authors: Cartwright Bliss 
Published: June 2006

“… the judicial opinion is a human document and a fascinating record, there, for anybody's use. From the standpoint of behavioral study these are data in which so many factors are held equal as to outrun the results of an ordinary ten-or even hundred-thousand-dollar grant. All there. All waiting. Already gathered. Merely neglected,” (K. Llewellyn, 1960:514).Reported opinions are a rich source of dispute data. Ideally they answer a wide variety of questions: who are the parties, what do they want, where have they gone for redress, how was the dispute processed, when was it resolved? Many of these questions can be answered with case data, but caution is required. Disputes leaves trails and traces in many places. Judicialopinions capture part of the story (namely, the official response to specified claims on a particular occasion), but they are spotty dissiers.
“Lawyers” in Classical Hindu Law
Authors: Rocher Ludo 
Published: June 2006

There can be no doubt that parties to a lawsuit in ancient Hindu law had a right to be represented by other persons. The question arises whether or not the representatives referred to in the ancient texts correspond to the pleaders, advocates, vakils or attorneys of modern India. In other words, did ancient Hindu law have the kind of legal procedure in which the rights of the parties were safeguarded through the services of a class of experts, as is the case in present day India and in most other modern legal systems?Looking at Hindu law as it became known to the West in the latter half of the 18th century, it did indeed seem as if the question was to be answered in the affirmative. Halhed's Code of Gentoo Laws (1777), translating the Vivadarnavasetu, did have a section (ch. III, § II) explicitly called “Of appointing a vakeel (or attorney).”
Evaluating the Competence of Lawyers
Authors: Rosenthal Douglas E. 
Published: June 2006

The title states the article's subject: the problems and possibilities of evaluating the competence of lawyers. It attempts to: (1) survey what has been written about the subject, commenting on the strengths and limitations of alternative approaches; (2) suggest those activities of lawyers which most influence the effectiveness of their performance and what competence means as to them; (3) indicate what are the principal problems inhibiting better performance evaluations and some ways to try to deal with these problems; and (4) propose some research tasks which may improve our capability as systematic and relatively objective evaluators.The literature exhibits approximately five approaches to evaluating lawyer competence. Two are indirect: (1) measurement of competence by a lawyer's training and/or his or her performance on a certification examination and (2) assessment based upon a lawyer's status or reputation. These approaches are of limited value where, as in most present instances, there is no proven relationship between such measures and actual competent performance. The other three approaches focus on performance. The first judges performance in terms of successful and unsuccessful outcomes in advocacy. The second judges performance in terms of the avoidance of negligence. The third involves a more systematic and detailed evaluation of the ways lawyers carry out certain activities central to the services they offer. The article suggests how this last approach can be most effectively developed. In spite of the formidable problems raised by attempts to evaluate lawyers, the author is optimistic that such evaluation is possible and can be productive.
The American Law of Slavery, 1810-1860 a Study in the Persistence of Legal Autonomy
Authors: Tushnet Mark 
Published: June 2006

In 1821 the Mississippi Supreme Court held that a white person could be indicted for the common law crime of murder when the victim was a slave:
Because individuals may have been deprived of many of their rights by society, it does not follow, that they have been deprived of all their rights.In some respects, slaves may be considered as chattels, but in others, they are regarded as men. The law views them as capable of committing crimes. This can only be upon the principle, that they are men and rational beings.
Institutions of Representation: Civil Justice and the Public
Authors: Mayhew Leon H. 
Published: June 2006

Discussion of the distribution and delivery of legal services usually turns on the problem of civil justice for the poor. Our attention is so dominated by the problems of distributive justice for the poor that we ignore the more general problem of civil justice for the public.In Western society the primary function of law has been the protection and regulation of property. Indeed, the earliest liberal conceptions of public life are founded on the premise that men gave up an utterly private life in order to enjoy the utilities provided by public protection for their persons and, even more important, the fruits of their labors—in Locke's (1689: Art. 123) phrase, "their lives, liberties and estates, which I call by the general name property." In the earliest liberal tradition, the holding of property is the foundation for participation in public life; accordingly, the principal end of the civil law is the definition and protection of property rights.
The Influence of Income and Other Factors on Whether Criminal Defendants go to Prison
Authors: Clarke Stevens H. , Koch Gary G. 
Published: June 2006

The experiences of 798 burglary and larceny defendants in the criminal courts of Mecklenburg County, North Carolina, in 1971 were studied to identify the factors having the greatest influence on the defendant's likelihood of emerging from court with an active prison sentence. The following variables were found to have a significant effect, listed in order of importance: (1) severity of offense (defined in terms of value of property taken and degree of skill required)—positive effect; (2) defendant's income—negative effect; (3) prior arrest record—positive effect; (4) strength of case against defendant as determined by promptness of arrest—positive effect. The influence of the defendant's sex could not be measured because there were too few females in the sample. Race, age, and employment were found to be of little or no importance. The four most important variables had a generally additive effect on prison probability.Further analysis showed that the defendant's income affected not whether he was convicted of an offense, but the likelihood of going to prison after conviction. Most of this effect could be explained by the low-income defendant's poorer opportunity for pretrial release and greater likelihood of having a court-appointed rather than privately retained attorney. This suggests that the apparent disadvantage of the low-income defendant could be overcome by improvement of pretrial release and defense service.The study's implications with regard to sentencing procedures are discussed. Judges' wide latitude in imposing sentence may enable the defendant's income to exert the large influence that it apparently does, but narrowing judicial discretion may not reduce the effect of income if present plea bargaining practices continue.
The Context of Public Bureaucracies: An Organizational Analysis of Federal District Courts
Authors: Heydebrand Wolf V. 
Published: June 2006

An organizational approach to the study of dispositions in United States District Courts is outlined, focusing on the pressures created by the combination of an increasing demand for service together with a relative decline in resources. The functions of courts are identified as adjudication, judicial administration, and policymaking. After stating some of the general theoretical issues involved in the approach taken here, courts are described in terms of the following organizational characteristics: (1) they are networks of organized activities with a mixed collegial and bureaucratic authority structure, as well as informal political processes of coordination, (2) heteronomous, (3) a labor-intensive professional service, (4) a branch of government, (5) nonspecialized, (6) passive, (7) vertically and horizontally interrelated with other organizations, (8) whose tasks are influenced by the demographic, economic, and legalgovernmental characteristics of the jurisdictional environmentTheoretically, the output of courts (e.g., the volume and nature of dispositions) is seen as determined by the environmental profile and the complexity of the task structure, with fiscal resources and organizational structure as intervening variables. These major organizational dimensions and variables are illustrated with data on the six District Courts of the Second Circuit.A preliminary statistical analysis presents the effects of the jurisdictional environment on various types of filings in all United States District Courts in 1950, 1960, and 1973. The results confirm one aspect of the historically increasing involvement of government in the economy and society, namely, that which is mediated by the federal courts. The increasing governmental presence is shown in civil litigation involving the United States government as defendant and plaintiff, as well as in the contextual effects on filings of governmental agencies at the federal, state, and local levels.The paper concludes with a brief discussion of three types of responses to the current crisis of the judiciary: the judicial response, emanating from the law-finding and adjudicatory role of courts; the bureaucratic response, reflecting the progressive transformation of adjudication into administration; and the technocratic response, emerging as a synthesis of adjudication and administration and stressing the policy-making function of courts within the context of the modern American politieal economy.
Individual Differences in Judicial Behavior: Personal Characteristics and Private Law Decision-Making
Authors: Van Koppen Peter J. , Kate Jan Ten 
Published: June 2006

Previous research suggests that differences in judicial decisions stem from differences in personal characteristics of the decision-maker. Dutch private law proceedings permit a research approach in which the judicial decision-making task is simulated by presenting written decisional problems to judges. Judges (N=114) made decisions on the same nine cases and completed questionnaires on role conceptions and personality.Findings suggest that judicial decisions are only moderately influenced by the personal characteristics of the judges. The judges, however, differed considerably in their decisions. Neither the influence of personal characteristics of the judges nor the characteristics of the cases can explain to a substantial extent the differences in the decisions. It was concluded that judicial decisions stem from an interaction of personal and case characteristics.
The Construction and Deconstruction of a Disputes-Focused Approach: An Afterword
Authors: Trubek David M. 
Published: June 2006

With each step forward, with each problem that we solve, we not only discover new and unsolved problems, but we also discover that where we believed we were standing on firm and safe ground, all things are, in truth, insecure and in a state of flux.Karl Popper(Popper, 1976: 87)
Perceptions of Justice: Race and Gender Differences in Judgments of Appropriate Prison Sentences
Authors: Miller J. L. , Rossi Peter H. , Simpson Jon E. 
Published: June 2006

This paper reports on research focused on measuring perceptions of justice vis-a-vis an examination of consensus in perceptions of appropriate punishments for convicted offenders. We used a factorial survey design to measure and analyze both the global judgments formed by individuals as well as the judgment-making principles that characterize the race by gender segments of the general population of one jurisdiction.A proximity-to-crime perspective leads us to expect structured similarities and differences in judgments of appropriate prison sentences. A global judgment agreement indicator suggests consensus across the race by gender segments of the Boston metropolitan area over which crimes are serious and trivial. The same indicator, however, shows dissensus within the general population regarding perceptions of appropriate levels of punishment.The research findings suggest that perceived or subjective proximity to crime has stronger implications than objective proximity for judgments of punishments for convicted offenders. The paper concludes that a sense of injustice in regard to punishments prevails for some segments of the general population.
Law and Economics: The Road Not Taken
Authors: Donohue III John J. 
Published: June 2006

For the rational study of the law the black-letter man may be the man of the present, but the man of the future is the man of statistics and the master of economics.Oliver Wendell Holmes (1921: 83)I do not see how one can grasp the meaning of law within society except from the vantage point of social science.Lawrence M. Friedman (1986: 780)Since both law and society and law and economics apply social science concepts and methods to the problems of the legal system, one might think that the two disciplines are natural allies. Indeed, with the largely empirical focus of law and society and the strong emphasis on theory in law and economics, the benefits from collaboration between the two would seem to be particularly great. Perhaps surprisingly, though, they have often been at odds with one another, with both groups willing to concede only grudgingly that the other has made useful contributions to the study of legal and public policy issues. The hostility is reflected in the fact that, at recent law and society meetings, very few devotees of law and economics have been in attendance, either as speakers or as members of the audience. What then can explain this chill?
Beyond Mirrors: Lawrence Friedman's Moving Pictures
Authors: Soifer Aviam 
Published: June 2006

“L'exactitude ce n'est pas la vérité.”Henri Matisse, quoted in Robertson Davies, What's Bred in the Bone 334 (New York, 1985)“[A] legal system ... accommodates the equally exigent demands of being and meaning ... in a universe in which what a thing does is only one of the things that it means, but everything that it means is something else that it does.”Arthur Leff, “Law and ...,” 87 Yale Law Journal 989 (1978)Lawrence Friedman is a rare and remarkable phenomenon. He is a counter who thinks and a thinker who counts. He is aware of paradoxes such as the fact that “Everybody is an individual; everybody is also a conformist” (1985b: 102). More specifically, Friedman is particularly knowledgeable about the limitations and unpredictable consequences of efforts at legal reform. Yet, surprisingly, he seems somehow to be able to escape transforming his healthy skepticism into cynicism.
Recent Trends in the Development of Labor Law in the Federal Republic of Germany
Authors: Weiss Manfred 
Published: June 2006

Ernst Benda. Sozialrechtliche Eigentumspositionen im Arbeitskampf: Ein Beitrag zur Diskussion um die Änderung des § 116 Arbeitsförderungsgesetz (The guarantee of private property and its extension on claims based on social security law in situations of industrial action: A contribution to the discussion on the amendment of section 116 of the Employment Promotion Act). (Baden-Baden: Nomos, 1986).Manfred Bobke and Herbert Grimberg. Der gewerkschaftliche Warnstreik im Arbeitskampfrecht: “Neue Beweglichkeit” gegen rechtliche Begrenzungen der gewerkschaftlichen Handlungsfreiheit (The warning strike organized by trade unions as reflected in the law on industrial conflict: “New mobility” against legal limitations of trade unions' freedom). (Cologne: Bund, 1983).Volker Jahnke. Tarifautonomie und Mitbestimmung (Freedom of collective bargaining and codetermination). (Munich: Beck, 1984).Volkhart Kriebel. Zentralisation und Dezentralisation im Tarifsystem: Möglichkeit und rechtliche Zulässigkeit einer dezentralen Tarifpolitik (Centralization and decentralization in the system of collective bargaining: Factual and legal possibility of a decentralized collective bargaining policy). (Berlin: Duncker and Humblot, 1984).Fritz Ossenbühl and Reinhard Richardi. Neutralität im Arbeitskampf (Neutrality in industrial conflict). (Cologne: Heymanns, 1987).Eduard Picker. Der Warnstreik und die Funktion des Arbeitskampfes in der Privatrechtsordnung (The warning strike and the function of industrial action in the system of civil law). (Cologne: Heymanns, 1983).Ulrich Runggaldier. Kollektivvertragliche Mitbestimmung bei Arbeitsorganisation und Rationalisierung (Codetermination of work organization and rationalization by collective agreements). (Frankfurt: Metzner, 1983).The economic crisis of the 1970s and early 1980s has led to a continuous questioning of established patterns of labor law in the Federal Republic of Germany. Until the mid-1970s full employment was one of the basic characteristics of the German labor market. Since then, an unemployment rate of approximately 10 percent has become part of the picture. In spite of the fact that the economy has recovered to a great degree, unemployment persists. Evidently, economic growth by itself does not imply job creation, and rationalization has become the key word of management policy. Since economic growth is more easily reached by new technologies than by the use of more manpower, job security is endangered irrespective of economic prosperity. In order to remain competitive in the world market, German companies have no choice but to reduce costs and to increase productivity.