A partial taxonomy of judgment aggregation rules, and their properties

The literature on judgment aggregation is moving from studying impossibility results regarding aggregation rules towards studying specific judgment aggregation rules. Here we give a structured list of most rules that have been proposed and studied recently in the literature, together with various properties of such rules. We first focus on the majority-preservation property, which generalizes Condorcet-consistency, and identify which of the rules satisfy it. We study the inclusion relationships that hold between the rules. Finally, we consider two forms of unanimity, monotonicity, homogeneity, and reinforcement, and we identify which of the rules satisfy these properties

Muscle Memory and the Local Concentration of Capital Punishment

The modern death penalty is not just concentrating in a handful of practicing states; it is disappearing in all but a few capitally active localities. Capital-punishment concentration, however, still surfaces more as the subject of casual observation than as the object of sophisticated academic inquiry. Normative and doctrinal analyses of the phenomenon are virtually nonexistent, in part because the current ability to measure and report concentration is so limited. This Article is the first attempt to measure capital-punishment concentration rigorously, by combining different sources of county-level data and by borrowing quantitative tools that economists use to study market competition. The analysis yields three major findings: (1) capital sentencing is concentrating dramatically; (2) executions are concentrating more gradually; and (3) both trends persist within most capitally active states. Certain normative and doctrinal conclusions follow from the empirical findings. The causes of concentration are likely to be more bureaucratic and path dependent than they are democratic and pragmatic, reflecting what I call the “muscle memory” of local institutional practice. If local muscle memory indeed explains concentration, such concentration violates basic punishment norms requiring equal treatment of similar offenders. This problem notwithstanding, existing death penalty jurisprudence does not account for local concentration. For concentration to have any influence on the outcome of constitutional inquiry, the Supreme Court would have to revise its working definition of “arbitrariness.

Originalism\u27s Implementation Problem

Despite the vast body of theoretical work produced by originalist scholars, this literature fails to address how practicing judges and attorneys should apply originalist theories. All too often, academic originalists appear to write for an audience of other originalist scholars. This results in lengthy, technical, and heavily theoretical discussions. The question of how courts and judges are to apply these increasingly technical and theoretical originalist methods is left by the wayside. All too often, judges and attorneys cherry-pick from this body of scholarship to create a veneer of academic legitimacy for their own goal-oriented arguments. We do not seek to bridge this gap in the originalist literature or to cast aspersions on the reasons for its uptake in legal practice. Instead, we argue that originalism is difficult, if not impossible, to implement—at least in cases where a theory of interpretation matters. By demonstrating that originalism is more of an academic phenomenon than a guide for legal practice, we cast serious doubt on judicial and political treatment of originalism which tends to frame originalism as a method, if not the method, that judges should employ when interpreting the Constitution. [...] We do not propose solutions for implementing originalism. Indeed, we have little hope that originalists will succeed in solving the problem of implementation should they finally decide to devote the necessary time and effort to confront this issue. We hope that this Article will prompt originalists to at least attempt to take the practice—not just the theory—of originalism seriously. Should originalists fail to rise to this challenge, academic originalism will remain little more than an abstract, theoretical exercise that is fatally disconnected from the practice of law. In such a case, originalism’s supporters, including judges and politicians, will need to acknowledge that originalism in practice lacks the rigor and nuance of originalism as theorized. This abstract has been adapted from the authors\u27 introduction

Evaluation of a religious family enrichment program

The purpose of this research was to evaluate a religious family enrichment program conducted in a church camp setting in North Carolina during the summer of 1984. Forty participating families comprised the sample, with 20 families in the treatment group, and 20 in the control group. Both parents and the oldest participating child in each family were included in the analysis. The Moos Family Environment Scale and a self-reported questionnaire were used in a pretest-posttest design. The pretest was administered to both groups one week before the treatment group began the experience. The posttest was administered and the questionnaire completed on the day that the treatment group completed the experience

An Introduction to Conformal Field Theory

A comprehensive introduction to two-dimensional conformal field theory is given.Comment: 69 pages, LaTeX; references adde

Functionality and feedback: a realist synthesis of the collation, interpretation and utilisation of patient-reported outcome measures data to improve patient care

Background: The feedback of patient-reported outcome measures (PROMs) data is intended to support the care of individual patients and to act as a quality improvement (QI) strategy. Objectives: To (1) identify the ideas and assumptions underlying how individual and aggregated PROMs data are intended to improve patient care, and (2) review the evidence to examine the circumstances in which and processes through which PROMs feedback improves patient care. Design: Two separate but related realist syntheses: (1) feedback of aggregate PROMs and performance data to improve patient care, and (2) feedback of individual PROMs data to improve patient care. Interventions: Aggregate – feedback and public reporting of PROMs, patient experience data and performance data to hospital providers and primary care organisations. Individual – feedback of PROMs in oncology, palliative care and the care of people with mental health problems in primary and secondary care settings. Main outcome measures: Aggregate – providers’ responses, attitudes and experiences of using PROMs and performance data to improve patient care. Individual – providers’ and patients’ experiences of using PROMs data to raise issues with clinicians, change clinicians’ communication practices, change patient management and improve patient well-being. Data sources: Searches of electronic databases and forwards and backwards citation tracking. Review methods: Realist synthesis to identify, test and refine programme theories about when, how and why PROMs feedback leads to improvements in patient care. Results: Providers were more likely to take steps to improve patient care in response to the feedback and public reporting of aggregate PROMs and performance data if they perceived that these data were credible, were aimed at improving patient care, and were timely and provided a clear indication of the source of the problem. However, implementing substantial and sustainable improvement to patient care required system-wide approaches. In the care of individual patients, PROMs function more as a tool to support patients in raising issues with clinicians than they do in substantially changing clinicians’ communication practices with patients. Patients valued both standardised and individualised PROMs as a tool to raise issues, but thought is required as to which patients may benefit and which may not. In settings such as palliative care and psychotherapy, clinicians viewed individualised PROMs as useful to build rapport and support the therapeutic process. PROMs feedback did not substantially shift clinicians’ communication practices or focus discussion on psychosocial issues; this required a shift in clinicians’ perceptions of their remit. Strengths and limitations: There was a paucity of research examining the feedback of aggregate PROMs data to providers, and we drew on evidence from interventions with similar programme theories (other forms of performance data) to test our theories. Conclusions: PROMs data act as ‘tin openers’ rather than ‘dials’. Providers need more support and guidance on how to collect their own internal data, how to rule out alternative explanations for their outlier status and how to explore the possible causes of their outlier status. There is also tension between PROMs as a QI strategy versus their use in the care of individual patients; PROMs that clinicians find useful in assessing patients, such as individualised measures, are not useful as indicators of service quality. Future work: Future research should (1) explore how differently performing providers have responded to aggregate PROMs feedback, and how organisations have collected PROMs data both for individual patient care and to improve service quality; and (2) explore whether or not and how incorporating PROMs into patients’ electronic records allows multiple different clinicians to receive PROMs feedback, discuss it with patients and act on the data to improve patient care

Explanation in Legal Scholarship: The Inferential Structure of Doctrinal Analysis

This paper aims to understand the logic that underlies a familiar type of legal scholarship, in which the author purports to explain or render intelligible some legal doctrine or area of law in terms of an end or rationale. Loosely speaking, the argument is that some doctrine is all about some end. This form of argument is familiar but undertheorized, so this paper draws from the philosophy of science, particularly the notion of inference to the best explanation (IBE), to clarify the underlying rhetorical strategy of doctrinal legal scholarship. One way of making IBE arguments with reference to legal doctrine might be to employ Dworkin\u27s method of seeking coherence with a political community\u27s moral principles. Many legal scholars deny that they are methodologically indebted to Dworkin, but the burden may be on them to articulate a non-moral sense in which their proposed explanation is the best one. Criteria from IBE argments in the natural sciences, such as simplicity, consilience, fruitfulness, and even explanatory loveliness may therefore play a role in evaluating theoretical legal arguments