Social and Behavioral Sciences Commons^™

The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel

Articles by Maurer Faculty

This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors—are also found to affect these pretrial release decisions. Their impact, …

Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan

Articles by Maurer Faculty

Combining elements of “response as outcome” studies and “response as process” studies overcomes deficiencies resulting from methodological bifurcation, improves our understanding of court outcomes, and leads to theoretical transformation. Using observational and in-depth interview data to inform hypotheses and to create contextual variables, we develop and test models of the pretrial release decision for federal defendants. These models suggest that the emphasis in outcome research on defendants' ascribed status characteristics has been exaggerated. It is asserted that too little attention has been devoted to processual factors, including labeling, and to jurisdictional and organizational factors determining court outcomes.

The Relevance Of Premarital Cohabitation To Property Division Awards In Divorce Proceedings: An Evaluation Of Present Trends And A Proposal For Legislative Reform, Barbara Freedman Wand

Articles by Maurer Faculty

No abstract provided.

Stare Decisis In Singapore And Malaysia: A Sad Tale Of The Use And Abuse Of Statutes, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

A study of the cases and literature with regard to stare decisis in Singapore and Malaysia will reveal at least one salient characteristic - the propensity, primarily of the Courts, to misread statutes and twist them (whether inadvertently or otherwise) in order to justify a particular conclusion. Ironically enough, at the end of the day, similar (though not identical) conclusions could have been reached without the need to resort to any particular statutory provision. In this short article, I shall not endeavour to retrace ground already well covered by others, but will set out, in rather summary form, further reflections …

The Generalized Theory Of Transfers And Welfare: Bilateral Transfers In A Multilateral World, Jagdish N. Bhagwati, Richard A. Brecher, Tatsuo Hatta

Faculty Scholarship

Paul Samuelson's (1952, 1954) classic papers on the transfer problem addressed two separate analytical issues: the "positive" effect of a transfer on the terms of trade; and the welfare effect of the transfer on the donor and the recipient.

Since then, a considerable body of literature has grown up on the positive analysis. While Samuelson (1954) himself had extended the 2 X 2 X 2 free trade analysis to allow for tariffs and transport costs, subsequent writers have analyzed other extensions of the model: for example, to allow for nontraded goods as with leisure in Samuelson (1971); or general nontraded …

Contemporary Social Historical Perspectives On Mental Health Reform, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The argument presented in this article is that a new role has been developing in law which can and should be used as a strategy in the provision of services. It will be further argued that there is an important place for the law in setting limits on established psychiatric measures relating, for example, to compulsory admission and treatment, and even to particularly hazardous measures taken with the consent of the patient. The final role of law is to ensure the civil status of those who are the consumers of psychiatric services. One must accept the fact that pernicious legal …