bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introductory Essay
Authors: Sterett Susan M. 
Published: June 2006

Suppose you want to writeOf a woman braidingAnother woman's hair-Straight down, or with beads and shellsIn three-strand plaits or corn-rowsYouhad better know the thicknessThe length the patternWhy she decides to braid her hairHow it is done to herWhat country it happens inWhat else happens in that countryYou have to know these things-Adrienne Rich, "North American Time"Although Adrienne Rich tells us we “have to know these things,” we are often willingly blind to the rich stories of those with whom we are most intimate. You may braid someone's hair without knowing very much about her. You may even write about it, though the writing would rapidly become very dull. In this issue ofLaw & Society Review, the authors examine how legal regimes facilitate knowing (and ignoring) stories when making families. For people seeking to adopt a child in western national states, the law has sometimes made it easy not to know about who bore a child, why she is available for adoption, and why a family might have raised her one way rather than another—braiding her hair in cornrows or in plaits. Also, in intercountry adoption, children often arrive with no history available, a condition legal adoption allows and often facilitates. We need not know “what else happens in that country.” Recent scholarship notes the historical and cultural specificity of the practice of ignoring. Adoptees, mothers who have placed their children for adoption, and adoptive parents have all claimed a right to know their own or their child's history, sometimes for different reasons. Scholars have followed, explaining that creating an “as if” family, in which all of this knowledge is foreclosed, does not fit with the experience of families. Articles in this issue address three interlocking themes that question the practice of not knowing: the commodification of children and family in a market economy, contests over the framework of choice in the making of a family, and the identity of children.
Counting Cases About Milk, Our “Most Nearly Perfect” Food, 1860-1940
Authors: Wright Ronald F. , Huck Paul 
Published: June 2006

At the turn of the 20th century, as more people in the United States started moving to urban areas, the quality of the milk supply became one of the preeminent public health challenges of the day and a centerpiece of the Progressive agenda. Governments passed ordinances and statutes to safeguard the milk supply and sanctioned violators of these laws. This study collects the published cases where judges were asked to enforce these health regulations.Contrary to the Revisionist reading of Progressive Era constitutional history, these cases demonstrate that enforcement of these health laws became more difficult during the Progressive Era. Parties resisting these laws made broader constitutional challenges to the laws more often. While the number of victories for these parties remained steady, the scope of their victories became broader. The study also throws light on the early use of “regulatory crimes.” Governments were more likely throughout the study period to use a criminal rather than a civil enforcement process. Surprisingly, the use of criminal enforcement did not affect the government's success rate in these cases.
Issues in the use of an Electronic Rehabilitation System with Chronic Recidivists
Authors: Schwitzgebel Ralph K. 
Published: June 2006

Certain recent technological developments may soon make possible new alternatives to the incarceration of offenders. These alternatives clearly present some hazards as well as benefits. The purpose of this paper is to discuss briefly a few of the difficult and complex issues that may soon arise as a result of these new alternatives.Some of the most relevant advances in technology are occurring in areas other than that of corrections. For example, an electronic rescue and rehabilitation system now being developed will permit the monitoring of the heart rate and geographical location of cardiac patients in an urban environment as they move through the prescribed monitored area. In the event of acute cardiac infarction, the patient could transmit an emergency signal to the base station and help could be sent immediately. Even if the patient were unconscious, the base station might automatically be alerted to his condition and location. The location would not need to be determined unless an emergency occurred. A similar system might also be used to help rescue persons subject to other types of medical emergencies, to protect mentally ill or retarded persons who might easily become lost or confused in the city, and to help safeguard persons with suicidal tendencies.
The Decision to Grant or Deny Certiorari: Further Consideration of Cue Theory
Authors: Ulmer S. Sidney , Hintze William , Kirklosky Louise 
Published: June 2006

Political scientists now agree that the Supreme Court is a major institutional policy maker in the American political system. But they have done little to relate that conclusion to democratic theory. Nor have they bothered to draw the implications for structural reform of the Court that seem to flow from such a relationship. Specifically, we have been less concerned with holding Supreme Court justices accountable to those they govern than seeing to it that legislators and executives provide acceptable policies. Such a discrepancy becomes increasingly diffiult to justify as we dilute the traditional role distinctions between judicial and other policy making institutions of government.Generally speaking, accountability is promoted through two devices. The first is access to the policy maker—i.e., the opportunity to be heard, to express oneself, to communicate one's preferences effectively to those whose policy actions are directly relevant. If these preferences are not sufficiently heeded, then we reserve the right to replace the incumbent with one who will provide greater satisfaction in that regard. For executives and legislators, free expression and frequent elections are appropriate means to insure accountability. But since Supreme Court justices are appointed for life (formally “good behavior,” but in fact for life), access to Court review becomes crucial.
Small Claims, Complex Disputes: A Review of the Small Claims Literature
Authors: Yngvesson Barbara , Hennessey Patricia 
Published: June 2006

We take it as a matter of course that a judge should be a mere umpire, to pass upon objections and hold counsel to the rules of the game, and that the parties should fight out their own game in their own way without judicial interference … The idea that procedure must of necessity be wholly contentious disfigures our administration of justice at every point.Pound, 1906:404-5The possibility that any given problem might be handled in more than one way does not constitute a liability. Rather, it is a form of competition among, for instance, means of settling a dispute …. Each method of dispute settlement constitutes a different product—of differing utility to different consumers—some clearly more suitable than others for certain situations. The Justice Industry has an obligation, not simply continuously to refine one product—but to deliver new and competing products to serve the varied needs of the consumer.Cahn & Cahn, 1966:947-48
Consumerism and Legal Services: The Merging of Movements
Authors: Nader Ralph 
Published: June 2006

The traditional emphasis on individual legal problems and their solution through “access” to legal services is seen here as being inadequate to produce general change in economic and political institutions. The concept of access is explored in the forms of freedom of information, prepaid legal services, and extralegal group action; examples of each are given.Institutional reform, it is suggested, can be brought about by creating a balance of power between consumers and large institutions. A “checkoff” system is described and put forward as a means of organizing consumers to use the evidence of individual complaints to advocate institutional change, something that legal services, as presently structured, do not do. Monopolies such as the utilities and the post office would be required by state law to solicit voluntary contributions from their customers to support a consumer action movement—“a piggyback ride so they can organize themselves.”The interrelationships between group legal services and these piggyback consumer groups are pointed out: the accumulation of individual case evidence and the promotion of cooperative institutions that would provide legal representation as one of their satellite services. These lawyers could press for government reform of procedural restraints on consumer class actions.Possible conflicting interests between conservative sponsoring consumer groups and their progressive legal service staff are recognized and ways to avoid them are discussed. One solution offered is to permit lawyers a broader range of activities by relaxing the legal profession's self-restrictions. Law schools are urged to reevaluate what they should teach and to require more analysis and investigation of government and corporate structures in their clinical education. This would ensure a starting point for the continuation of reform in the legal system.
Race as a Determinant of Criminal Sentences: A Methodological Critique and a Case Study
Authors: Gibson James L. 
Published: June 2006

In this article I argue that several conceptual and methodological deficiencies have plagued research on racial discrimination. Discrimination is usually conceptualized as a function of societal or institutional forces rather than as an attribute of individual decisionmakers, resulting in research designs that analyze decisions of courts, rather than those of individual judges. However, a finding of no discrimination in aggregate court data does not preclude the possibility that individual judges discriminate against or in favor of minorities. Thus the selection of the unit of analysis, and other methodological choices, can significantly affect substantive conclusions. Finally, research has largely been concerned with description, rather than explanation, and has therefore failed to illuminate the decisional processes that produce discrimination.Each of these critiques is substantiated with data from the Fulton County (Georgia) Superior Court. My findings suggest three patterns of sentencing among judges: pro-black, anti-black, and nondiscriminatory. Anti-black judges are strongly tied to traditional southern culture, concerned about crime, prejudiced against blacks, and relatively punitive in their sentencing philosophies. In addition, they tend to rely more heavily on the defendant's attitude and prior record in making their sentencing decisions. Thus, discrimination seems to flow from both the attitudinal predispositions of the judges and the process they employ to make decisions.
Voting Cues in Nonpartisan Trial Court Elections: A Multivariate Assessment
Authors: Dubois Philip L. 
Published: June 2006

Despite a number of valuable scholarly contributions made in recent years, we still lack a precise understanding of the determinants of voter choice in low salience nonpartisan judicial elections. Utilizing a multivariate technique that controls for the varying numbers of candidates frequently found in judicial elections, this analysis examines the contributions of incumbency, occupational ballot labels, campaign spending, newspaper and bar association endorsements, voter information pamphlets, and the ethnic and sexual voting cues provided by candidate surnames to the outcomes of the 123 contested primary and run-off elections held for California's major trial court from 1976 to 1980.The results suggest that the determinants of voter choice are quite different in the relatively well-publicized run-off elections than they are in the low visibility primary races. Additionally, judicial voters in the less populated California counties were found to rely upon different guides to voting than voters in California's metropolitan counties. The reasons for and implications of these differences are explored.
The Professional Project of Parajudges: The Case of U.S. Magistrates
Authors: Seron Carroll 
Published: June 2006

The Magistrate Act of 1968 (Pub. L. 90-578, tit. I, § 101, 82 Stat. 1113) introduced a new tier of judicial officers into the federal district courts. As a result of this act and two amendments (Pub. L. 94-577, § 1, 90 Stat. 2729 (1976); Pub. L. 96-82, § 2, 93 Stat. 643 (1979)), magistrates may now work on a wide variety of civil and criminal pretrial tasks at the discretion of Article III judges; indeed, with the consent of both parties, magistrates may hold jury trials in civil cases. In addition, the act and the amendments encourage courts to delegate “additional duties” to magistrates with a view toward developing innovative work relations between two tiers of judicial officers.Since both groups are lawyers, magistrates and Article III judges share the same formal training and professional expertise. Organizationally, however, magistrates work for federal judges. There is the potential, therefore, for a wide variety of work relations between these two tiers of judicial officers. The history of magistrates' “professional project” (Larson, 1977) to expand their formal duties, their autonomy and control over decision making, and their organizational status provides a useful entry point for analyzing recent developments in judicial work relations, the subject of this article.I will first report the results of a study of U.S. magistrates. These findings suggest a typology of three distinct patterns of response to these new judicial officers: additional judge, bureaucrat, and team player. I next consider why courts opt for the occupational models they do. Finally, I speculate about the implications of the variations for understanding contemporary developments in judging and judicial process.
Redefining the Power of the Federal Judiciary: The Impact of Court-Ordered Prison Reform on State Expenditures for Corrections
Authors: Taggart William A. 
Published: June 2006

In the last two decades, federal judges in virtually all states have ordered state governments to alter dramatically the way they operate such institutions as prisons, hospitals, and mental health facilities. The research presented here seeks to improve our understanding of the budgetary linkage between the federal judiciary and state governments by examining the influence of court-ordered prison reform on state expenditures for corrections. Generally, the results indicate that the judiciary has had a limited but positive impact on capital outlays in one-half of the states examined. The influence on state operating expenditures for corrections has been even less noticeable. The analysis suggests that the judiciary's ability to exercise “the power of the purse” is tempered by the dynamics of state-level budgetary processes and the willingness of courts to adopt a comprehensive view of prison reform.The judiciary & has no influence over either the sword or the purse.—Alexander HamiltonA state is not at liberty to afford its citizens only those constitutional rights which fit comfortably within its budget.—U.S. District JudgeFrank M. Johnson, Jr.
Cows in the Corn, Pigs in the Garden, and “the Problem of Social Costs”: “High” and “Low” Legal Cultures of the British Diaspora Lands in the 17th, 18th, and 19th Centuries
Authors: Karsten Peter 
Published: June 2006

Economist Ronald Coase's famous theorem regarding the ways that neighboring property owners bargain “around” law and government has been refined by Robert Ellickson, who studied the ways ranchers and their ranchette neighbors resolve problems of fencing and animal trespass. Both Coase and Ellickson rely on rational actor models of Economic Man in predicting and explaining human behavior and dispute resolution. Both offer animal trespasses as the prime illustrations. Both models are flawed.Ellickson asked what might one learn by mining historical sources to reconstruct “bargaining” between ranchers and farmers, but he found the task daunting.In the course of research into the “high” (formal) legal cultures and the “low” (informal) legal cultures in the lands of the British diaspora, 1630–1910, I gathered information on just such interactions (over fencing and animal trespass), and in this article I put Coase's and Ellickson's models to the test of the historian's laboratory. While Ellickson's model has significant power in predicting the behavior of mature British settlements where the neighbors were of the same core culture, it is not as effective in predicting dispute resolutions in frontier conditions and is of little use in predicting the interactions of Puritans and Algonquins, Pakehas and Maoris.
Comparing the predictive values of diagnostic tests: sample size and analysis for paired study designs
Authors: Moskowitz Chaya S , Pepe Margaret S 
Published: June 2006

Background Although statistical methodology is well developed for comparing diagnostic tests in terms of their sensitivities and specificities, comparative inference about predictive values is not. Purpose In this paper we consider the design and analysis of studies comparing the positive and negative predictive values of two diagnostic tests that are measured on all subjects. Methods We focus on comparing tests using the relative positive and negative predictive values. We discuss directly estimating these quantities from the data and derive analytic variance expressions. Sample size formulas for study design ensue. Results We analyze data on patients with cystic fibrosis to illustrate the methodology. This approach is compared and contrasted with an existing regression framework that can also be used for similar analysis purposes and yields similar results. Conclusions We have developed a new approach for comparing the predictive values of two tests that gives rise to sample size formulas for study design.
TREAD: TReatment with Exercise Augmentation for Depression: study rationale and design
Authors: Trivedi Madhukar H , Greer Tracy L , Grannemann Bruce D , Church Timothy S , Galper Daniel I , Sunderajan Prabha , Wisniewski Stephen R , Chambliss Heather O , Jordan Alexander N , Finley Carrie , Carmody Thomas J 
Published: June 2006

Background Despite recent advancements in the pharmacological treatment of major depressive disorder (MDD), over half of patients who receive treatment with antidepressant medication do not achieve full remission of symptoms. There is evidence that exercise can reduce depressive symptomatology when used as a treatment for MDD. However, no randomized controlled trials have evaluated exercise as an augmentation strategy for patients with carefully diagnosed MDD who remain symptomatic following an adequate acute phase trial of antidepressant therapy. Purpose TReatment with Exercise Augmentation for Depression (TREAD) is an NIMH-funded, randomized, controlled trial designed to assess the relative efficacy of two doses of aerobic exercise to augment selective serotonin reuptake inhibitor (SSRI) treatment of MDD. Methods The TREAD study includes 12 weeks of acute phase treatment with a 12-week post-treatment follow-up. In addition to looking at change in depressive symptoms as a primary outcome, it also includes comprehensive assessment of psychosocial function and treatment adherence. Results This paper reviews the rationale and design of TREAD and illustrates how we address several key issues in contemporary patient-oriented research on MDD: 1) the use of augmentation strategies in the treatment of depressive disorders in general, 2) the use of non-pharmacological strategies in the treatment of depressive disorders, 3) the considerations of designing a well-controlled trial using two active treatment groups, and 4) the implementation of an adherence program for the use of exercise as a treatment strategy. Conclusions The TREAD study is uniquely designed to overcome sources of potential bias and threats to internal and external validity that have limited prior research on the mental health effects of exercise. The study is facilitated by the development of a multidisciplinary research team that includes experts in both depression treatment and exercise physiology, as well as other related fields.
Difficult commissioning choices: lessons from English primary care trusts
Authors: Bravo Vergel Yolanda , Ferguson Brian 
Published: June 2006

Objective: In England, primary care organizations (primary care trusts, PCTs) have scope to influence the provision of health care at the margin. However, when faced with difficult commissioning choices, restriction of services potentially leaves them vulnerable to legal challenge. PCTs are developing different approaches to priority setting but there is a need to develop processes that lead to more consistent, accountable and fair decision-making. Our objective was to describe recent local developments on prioritization decision-making. Methods: Rationing policies in PCTs in West Yorkshire and North & East Yorkshire and North Lincolnshire (NEYNL) Strategic Health Authority areas in 2003 were examined. To evaluate priority setting, we compared the descriptive findings with an internationally recognized ethical framework for priority setting, 'accountability for reasonableness' (AFR). Results: PCTs varied as regards the stage of policy development they had reached. Rationing by exclusion was the most common approach to prioritization, but in general PCTs failed to make the rationale for their decisions explicit and accessible. The importance of an appeals process was recognized by the majority of PCTs. Those that had developed a formal process to address difficult commissioning decisions were an exception. Conclusions: Adopting AFR as a prioritization framework can serve to improve the fairness and consistency of the decision-making process, reducing the vulnerability of PCTs to legal challenge. Characteristics of rationing policies already in place fulfil some of the AFR conditions but there remains scope for further improvements in their design and dissemination.
On the Distribution of the Sum of n Sample Values Drawn from A Truncated Normal Population
Authors: Francis V. J. 
Published: June 2006

Summary
This paper deals with the situation arising when a normal population has all members with values greater (or less) than a given value rejected, and where small samples are drawn from the remaining truncated population. Formal expressions are deduced from which can be calculated the distribution of the sum (or mean) of the sample values as a function of the point at which the original parent population is cut. Tables are given for the integral distribution function of the sum, standardised in an appropriate fashion, and their importance in solving a type of problem of quite frequent occurrence is shown.
The Oscillatory Properties of the Moving Average
Authors: Spencer-Smith J. L. 
Published: June 2006

Summary
The process of eliminating trend from a time series by means of the method of moving averages is shown to be extremely dangerous if the series is being examined for oscillatory movements. It is shown that the “trend free” moving average difference series formed by the difference between the terms of the original series and the moving average is always liable to be oscillatory whether or not the original series contains oscillatory components. The expression for the serial correlation coefficients and variance of the moving average difference series is derived in terms of the serial correlation coefficients and variance of the original series. It is shown that for typical examples of auto-correlated non-oscillatory time series the method of moving averages is liable to introduce oscillations of considerable magnitude.