Acclimation Effects on the Supreme Court of Canada: A Cross‐Cultural Examination of Judicial Folklore*

Objective. Few public law theories developed to understand the decision making of U.S. courts have been examined in different cultural settings. This study examines the applicability of the “freshman effects” theory in the context of the Canadian Supreme Court. Methods. The article uses analysis of variance tests to examine changes in the voting and authorship patterns of 15 Canadian Supreme Court Justices during the Laskin, Dickson, and Lamer Court periods (1973–1999). Results. We find very little evidence of acclimation effects on the Canadian Supreme Court. However, through the Chief Justice's power to compose decision panels, Canadian justices in their first full year of service are assigned significantly fewer cases than in subsequent years of their career. Thus, Canadian justices are given time to acclimate to the high court through a lower workload, a luxury not afforded to U.S. justices. Conclusions. Theories of public law adopted to understand U.S. courts may be limited in their generalizability beyond the U.S. setting because of the institutional and political forces that shape judicial decision making in other courts.     

Acclimation Effects and Separate Opinion Writing in the U.S. Courts of Appeals*

Objective. This article investigates the existence of a freshman effect on separate opinion authorship on the U.S. Courts of Appeals. First, we evaluate the extent to which freshman judges demonstrate unique behavior with respect to writing concurring and dissenting opinions. Second, we examine the potential for background factors to condition any freshman effect. Methods. Individual judges' decisions to author separate opinions, drawn from the Courts of Appeals Database (1960 to 1988), are modeled as a function of a host of individual‐ and circuit‐level factors, including the freshman status of the judge. Results. After controlling for alternative explanations, we find that freshman judges on the courts of appeals are less likely to author concurring and dissenting opinions. Prior federal or appellate court experience, however, does not appear to condition the freshman effect. Conclusion. Freshman circuit court judges experience significant acclimation effects following their elevation to the federal appellate bench.     

The dynamics of specific and diffuse support for the U.S. Supreme Court: A panel study

Prior inconsistencies in studies regarding specific and diffuse support for the U.S. Supreme Court have largely resulted from confusing two related yet distinct concepts: the level of diffuse support at a given moment, and change in the level of diffuse support over time. The results of a panel study show that specific support is related to both concepts but in different ways. Overall approval of the Supreme Court positively influences the level of diffuse support at a given moment. However, an individual's reaction to a particular Court decision is mediated by pre-existing ideological tension between the individual and the Court, and can cause a sudden change in that individual's diffuse support level. Post-stimulus diffuse support regeneration within an individual is related to support for democratic norms, awareness of the Court, and satisfaction with other governmental institutions.     

Politics,Pragmatism, and Departures from the U.S. Courts of Appeals, 1954–2004*

Objective. This article uses Cox proportional hazards models to explain departures from the U.S. Courts of Appeals from 1954–2004. I argue that reforms to pension eligibility and financial incentives in 1984 extended opportunities for voluntary departures and strategic behavior, and that reasons for quitting (whether political, personal, or institutional) differed among types of departures and over time. Methods. The data represent all judge‐years from 1954–2004. Both the full period and 1954–1983 and 1984–2004 subperiods are examined. Results. The effects of political factors are limited to partial retirements and suggest judges' recognition of contentious confirmation politics since the 1980s. Personal and institutional variables dominate outright departures. Conclusions. Explanations for departures from the circuit bench differ both by type and over time. Scholars and policymakers should refine arguments regarding judicial turnover and its causes.     

Culture Wars in the Congressional Theater: How the U.S. House of Representatives Legislates Morality, 1993–1998

Objective . This article explores the politics of cultural conflict in the U.S. House of Representatives (1993–1998) by analyzing legislator decision making on reproductive issues. Because reproductive policies represent a major contemporary cultural cleavage between feminists and religious traditionalists, decision making should be influenced by elite – and district –level variables reflective of culture. Methods . Pro –choice support scores are derived and, using OLS, are regressed on elite – and district –level cultural and noncultural variables. Results . Republican partisanship and elite ideological and religious conservatism produce low levels of support for pro –choice reproductive policies. Conclusions . Cultural theory is a useful lens through which to view congressional politics. In the area of reproductive policy, legislator decision making is influenced by an array of cultural considerations.     

Public confidence in the U.S. Supreme Court: A new look at the impact of Court decisions

Judicial scholars have long debated the notion that Court decisions can influence the public's attitudes toward the U.S. Supreme Court. We engage this literature by introducing new dimensions to existing theory for predicting the impact of Court decisions on public confidence in the Court and by introducing innovative methods to test our hypotheses. We begin our analysis by examining the relationship between specific Court decisions and public confidence with aggregate time series data. Our analysis then shifts to an examination of individual-level survey data to examine the same hypotheses. Our results indicate that specific decisions can have a significant positive and negative impact on individual-level confidence in the Court. We conclude with a discussion of the implications of our findings for the theoretical and methodological debates over the influence of Court decisions on public confidence.     

"In My Opinion . . .": Justices' Opinion Writing in the U.S. Supreme Court, 1946–1997

Objectives . We develop hypotheses to explain the opinion writing by justices on the U.S. Supreme Court from 1946–1997. Methods . We use data from the U.S. Supreme Court Database, Phases I and II, to examine the proportion of cases in which a justice writes an opinion each term as well as the differences between writing majority, dissenting, and concurring opinions. OLS regression with robust standard errors is the estimation procedure. Results . We find that a justice's position as Chief Justice, professional and education background, reputation ranking, and tenure on the Court can explain a justice's opinion writing. At the same time, we discover that particular variables have different affects on writing majority, dissenting, or concurring opinions. Conclusions . This study demonstrates the importance of both structural and personal background variables in explaining judicial behavior. It also shows the importance of analyzing different kinds of judicial opinions when explaining the justices' opinion writing.     

The Impact of Presidential Speeches on the Bureaucracy*

Objective. Scholars have long held that presidents use various tools to control the federal bureaucracy. Yet, despite their importance to presidents in achieving their policy goals in Congress, few scholars have examined the impact of presidential speeches on bureaucratic activity. This article analyzes the impact of both positive and negative policy signals on civil rights policy in the bureaucracy. Method. I test this hypothesis using speeches coded from the Public Papers of the Presidents and their impact on criminal cases filed by the Civil Rights Division over time. Given heteroskedasticity in the dependent variable, log‐linear time‐series methods are appropriate. Results. The president's positive speeches increase the number of criminal civil rights cases filed in U.S. District Court. The Civil Rights Act of 1964 also has had a significant, positive impact on bureaucratic activity. Conclusions. In part because bureaucrats have discretion to resist presidential preferences that oppose an agency's core task, negative signals do not affect the implementation of civil rights policy. Yet, positive presidential speeches are available to presidents who may wish to influence the bureaucracy.     

Evaluating U.S. Medical Schools' Efforts to Educate Faculty Researchers on Research Integrity and Research Misconduct Policies and Procedures

This paper examines how well U.S. medical school institutions are doing to promote research integrity. It is an important question to ask in order to determine whether there are sufficient and adequate protections in place to protect the U.S. Public Health Service's (PHS) resources devoted to medical research. This paper focuses on 5,100 medical school researchers' knowledge of what constitutes research misconduct as well as their willingness to report it to the research integrity officer (RIO) and educate their Ph.D. trainees. We learned that 5.6% of researchers could correctly distinguish seven or more of the nine scenarios that depicted likely research misconduct, as defined by the PHS regulations, from scenarios describing other ethical issues. Instead, researchers had expansive definitions and often inappropriately identified infractions such as conflicts of interest, Institutional Review Board (IRB) violations, and other breaches in ethical standards to be research misconduct. In addition, researchers who correctly identified four instances of likely research misconduct in the test items were highly unlikely to report their observations to a RIO. Researchers also provided insight on the factors they believe influence their decision making process of whether to report research misconduct. In addition, this paper also reports on the guidance that faculty said they provided their trainees on research misconduct issues. We conclude with a discussion and recommendations on what institutional leaders might consider doing in order to enhance their research integrity efforts and protect their institution's reputation.     

Creating a Consensus: Psychologists, the Supreme Court, and School Desegregation, 1952–1955

SPSSI psychologists' involvement in the early civil rights movement in the postwar United States was epitomized by their involvement in the case of Brown v. Board of Education. This article examines how social scientists sought to maintain the persona of objective, scientific expert when asked to prepare briefs for the U.S. Supreme Court for the Brown case. The social scientists believed that only by collapsing what they saw as an artificial distinction between objectivity and advocacy could the social scientist become a social activist. This article is based on extensive research in numerous archives, including the papers of Gordon W. Allport, Kenneth B. Clark, Stuart W. Cook, David Krech, the National Association for the Advancement of Colored People, Theodore M. Newcomb, Robert Redfield, and the Society for the Psychological Study of Social Issues.     

Cross-border school enrolment: Associated factors in the U.S.–Mexico borderlands

This paper examines students who live in Mexico but attend school in the U.S., and looks into the factors associated with their decision to study abroad. Based on Mexico’s 2015 Intercensal Survey, cross-border students are described in terms of their number, location, educational level and socioeconomic characteristics. Subsequently, the study estimates probit models to analyze the factors associated with studying in the United States. Cross-border students are mainly U.S.-born and concentrated in Tijuana and Ciudad Juárez. The probability of being a cross-border student is positively associated with age, household income and having a household member who was born in the U.S. or is a cross-border worker. Cross-border students come from high-income households with strong ties to the United States. The decision to study in the U.S. is likely taken due to the higher quality of the country’s education system and to facilitate an eventual transition into the U.S. labor market.     

How far does the gender gap extend?: Decision making on state Supreme Courts in Fourth Amendment Cases, 1980–2000

The importance of women on the bench and the influence of gender on judicial decision making has garnered much scholarly attention. We examine the voting behavior of male and female justices in 718 Fourth Amendment search and seizure votes cast on state Supreme Courts between 1980 and 2000. We find that women justices, controlling for institutional, political, and legal constraints, are more likely to rule in favor of the criminal defendant than their male brethren in cases decided after 1991 but not before. We also find women justices serving with female colleagues are more inclined to render liberal votes. We conclude the influence of gender may be evident in a wider variety of cases than those dealing with women's lives but that this influence is dependent upon the existence of a critical mass of women on the state court benches.     

Research integrity and conflicts of interest: the case of unethical research-misconduct charges filed by edward calabrese

Special-interest polluters often file research-misconduct (RM) charges against scientists whose research suggests needed pollutant regulation. This article argues that U.S. RM regulations are flawed in requiring RM assessors/experts/accused, but not accusers, to reveal possible conflicts of interest (COI) that could affect RM allegations. It (1) summarizes U.S. RM regulatory history; (2) uses a case study about 2011 RM allegations, filed by chemical-industry-funded toxicologist Edward Calabrese, to illustrate problems with RM regulations; and (3) offers 4 arguments in favor of revising RM regulations so as to require RM-accuser revelation of possible COI and who funded preparation of the RM allegations.     

Modeling compliance to environmental regulation: Evidence from manufacturing industries

We examine the demand for pollution control equipment from 1973 to 1991 by those U.S. manufacturing industries that are highly sensitive to environmental regulation. We also consider the political determinants of the U.S. Environmental Protection Agency (EPA) enforcement budget. Because, as we demonstrate, the EPA enforcement budget is an important determinant of the industries' investment in pollution control equipment, we are able to establish a relationship between political factors and economic decision making on the part of the industries. Thus, our analysis demonstrates that the demand for pollution control equipment is sensitive to both economic and political factors.     

Re-examining Children's Consent to Medical Treatment

The question of consent to the medical treatment of children is looked at across the four disciplines of law, medicine, psychology and philosophy. The conclusion is reached that while there is a remarkable consensus on the issues considered to be important, none of the disciplines provides a complete answer to the problems involved. As an experiment, reference is made throughout the article to various literary conceptions of childhood. It is hoped that some of these may give cause for thought about how children are treated by the professions. The article was prepared for publication before release of the judgements of the High Court in Re Marion in May 1992 (renamed Secretary, Department of Health and Community Services v JWB and SMB on appeal). In the appeal a majority of the High Court followed the Full Court of the Family Court in Re Marion and confirmed that judicial consent is required for the medical treatment of children in some cases. The notion of treatment being therapeutic or non-therapeutic was not accepted, the majority preferring to rest judgement on assessments of the risks and gravity of consequences of a wrong decision (JWB and SMB 79,180 and 79,206–7). There are many other points of interest discussed by the High Court, for example, Brennan J's comments on the absurdities of the concept of substituted consent (79,196–7), Deane J's acceptance that the issues involved were moral and social and therefore beyond legal competence (79,208) and McHugh J's understanding of the sources of the parental power to consent (79,214). Although adding authority to some of the views expressed in the Full Court of the Family Court, the judgements of the High Court do not dispose of debate on the issues raised in the article.     

气候安全威胁美国的国计民生

本文通过在美国访问期间所作的《美国气候变化和国际安全的调查问卷》数据报告,进行系统的整理分析,来分析气候变化所带来的直接安全和间接安全问题。气候变化的影响远不限于它本身带来的生态威胁,由其所产生的国际冲突、资源争夺和国际干预也对美国外交提出了新的挑战。问卷结果显示,气候变化在中长期（至2025年前后）将会逐渐成为影响美国国家安全比较重要的因素,美国国内对于气候安全的共识将会逐渐加深。美国对气候安全政治化和国际化的重视程度日益深入,这会给未来美国参与全球气候谈判注入新的动力。世界各国应对美国的气候外交有所关切,并在合作中进行积极应对。     

COI Policies: Tax Dollars Should Not Be Used to Fund U.S. Institutions Not Making the Grade

Over two billion dollars was awarded by the U.S. Department of Health and Human Services (HHS) in research funding from 2010 to March 2012 to institutions receiving a grade of “C,” “D,” or “F” on their conflict of interest policies, as determined by the American Medical Student Association's scorecard on conflict of interest policies. More institutional oversight is needed with regard to assuring conflict of interest policies at U.S. research institutions are adequate. As stewards of public funds, HHS should require a minimum standard which institutional conflict of interest policies should meet, beyond current regulatory requirements, before granting funding.     

Group benefit and protection of pediatric research subjects: Grimes v. Kennedy Krieger and the Lead Abatement Study

The Maryland Court of Appeals in Grimes v. Kennedy Krieger Institute was sharply critical of the lead abatement study conducted by this Institute, an affiliate of Johns Hopkins University. Grimes ruled that investigators might, given the facts of the case, have a special relationship with subjects, thereby creating a duty of care that could, if breached, give rise to an action in negligence. This ruling has implications for pediatric research practices and long-standing disputes among informed people of good will about what pediatric studies should be permitted.     

Research Integrity and Conflicts of Interest: The Case of Unethical Research-Misconduct Charges Filed by Edward Calabrese

Special-interest polluters often file research-misconduct (RM) charges against scientists whose research suggests needed pollutant regulation. This article argues that U.S. RM regulations are flawed in requiring RM assessors/experts/accused, but not accusers, to reveal possible conflicts of interest (COI) that could affect RM allegations. It (1) summarizes U.S. RM regulatory history; (2) uses a case study about 2011 RM allegations, filed by chemical-industry-funded toxicologist Edward Calabrese, to illustrate problems with RM regulations; and (3) offers 4 arguments in favor of revising RM regulations so as to require RM-accuser revelation of possible COI and who funded preparation of the RM allegations.     

What social workers talk about when they talk about child care proceedings in the District Court in Ireland

Court proceedings are a fundamental and increasingly time‐consuming aspect of social work practice. However, to date, there is a relatively modest body of literature considering the experiences of social workers in instituting child care proceedings and giving evidence in court. This paper draws on data gathered as part of an in‐depth qualitative study of professional experiences of District Court child care proceedings in Ireland and presents findings regarding the experiences of social workers in bringing court applications for child protection orders. It seeks to answer 2 key questions: First, how do child protection and welfare social workers experience the adversarial nature of child care proceedings in the District Court? Second, what are the views of child protection and welfare social workers on the strengths and weaknesses of child care proceedings as a decision‐making model for children and young people? The main findings are that social workers expressed significant reservations about the predominantly adversarial model that currently operates in Irish child care proceedings and about the level of respect that social workers are afforded within the operation of the system.