Relative Judgments

This paper presents a theory of relative judgments, suggesting that judges evaluate individual cases on the basis of how those cases are ranked in comparison to the other cases in their caseloads. Consequently, judges view a case more severely when their caseloads contain milder cases and more leniently when their caseloads contain graver cases. The paper develops a novel empirical identification strategy that exploits the properties of caseload distribution under random assignment of cases as a source of exogenous variation in judicial exposure to gravity. Using sentencing data, I construct a matched sample of judges randomly located at different ends of the caseloads distribution and demonstrate the existence of relative-judgment bias in their decisions. Judges exposed to lower levels of criminal gravity order longer sentences and are more likely to use the aggravated sentencing guidelines range or depart above the sentencing guidelines recommendations than judges exposed to higher levels of criminal gravity

Punishing on a Curve

Does the punishment of one defendant change because of how she fares in comparison to the other defendants on the judge’s docket? This article demonstrates that the troubling answer is yes. Judges sentence the same case more harshly when their caseloads contain relatively milder offenses, and more leniently when their caseloads contain more serious crimes. I call this problem “punishing on a curve.” Consequently, the article shows how such relative sentencing patterns put into question the prevailing practice of establishing specialized courts or courts of limited jurisdiction. Because judges are punishing on a curve, the court’s jurisdiction systematically shapes sentencing outcomes. Courts of limited jurisdiction usually specialize in relatively less serious crimes (such as misdemeanors, drug offenses, or juvenile cases). They treat the mild offenses on their docket more harshly than generalist courts, that also see severe crimes, would have treated them. This leads to the disturbing effect of increasing punitive outcomes vis-à-vis these offenses, wholly contradictory to the missions of these courts. Such sentencing patterns undermine notions of justice and equitable treatment. They also undermine retributive principles and marginal deterrence across crimes of increasing severity. In light of the profound normative and practical implications, the article offers a remedy to standardize sentences through “statistical curving.” In addition to consulting the sentencing range recommended by the sentencing guidelines for a particular offense, a judge should see the distribution of sentences for the same offense across different courts. The article illustrates the feasibility of the proposal empirically using sentencing data from neighboring judicial districts in Pennsylvania. It also explains how this proposal fits within the Supreme Court’s jurisprudence following United States v. Booker, which rendered the sentencing guidelines advisory, and its potential advantage in improving appellate review

Aspirational Rules

A long-standing puzzle in comparative constitutional law revolves around the negative correlation between the number of constitutional rights incorporated in constitutions and a country’s human rights situation. Is it only a correlation, driven by other sociological or historical factors? Is it that committing to more de jure rights hurts the protection of de facto human rights? Or is it that countries with worse human rights records are more likely to amend their constitutions to include more rights? This article discusses an experiment that examines the existence and direction of a causal effect between setting overly ambitious goals and achieving outcomes and the potential mechanisms underlying it. The main finding is that setting overly ambitious goals may not only be counterproductive in the domains in which such goals are set but may also have a negative spillover effect to other domains

Aspirational Rules

A long-standing puzzle in comparative constitutional law revolves around the negative correlation between the number of constitutional rights incorporated in constitutions and a country’s human rights situation. Is it only a correlation, driven by other sociological or historical factors? Is it that committing to more de jure rights hurts the protection of de facto human rights? Or is it that countries with worse human rights records are more likely to amend their constitutions to include more rights? This article discusses an experiment that examines the existence and direction of a causal effect between setting overly ambitious goals and achieving outcomes and the potential mechanisms underlying it. The main finding is that setting overly ambitious goals may not only be counterproductive in the domains in which such goals are set but may also have a negative spillover effect to other domains

Neutrophil Extracellular Traps Are Increased in Chronic Myeloid Leukemia and Are Differentially Affected by Tyrosine Kinase Inhibitors

Cardiovascular complications are increasingly reported with the use of certain tyrosine kinase inhibitors (TKIs) to treat chronic myeloid leukemia (CML). We studied neutrophil extracellular trap (NET) formation in CML and evaluated the effect of TKIs on NET formation. Neutrophils isolated from treatment-naïve patients with CML showed a significant increase in NET formation compared to matched controls at baseline and after stimulation with ionomycin (IO) and phorbol 12-myristate 13-acetate (PMA). Expression of citrullinated histone H3 (H3cit), peptidyl arginine deiminase 4 (PAD4) and reactive oxygen species (ROS) was significantly higher in CML samples compared to controls. Pre-treatment of neutrophils with TKIs was associated with a differential effect on NET formation, and ponatinib significantly augmented NET-associated elastase and ROS levels as compared to controls and other TKIs. BCR-ABL1 retroviral transduced HoxB8-immortalized mouse hematopoietic progenitors, which differentiate into neutrophils in-vitro, demonstrated increased H3cit & myeloperoxidase (MPO) expression consistent with excess NET formation. This was inhibited by Cl-amidine, a PAD4 inhibitor, but not by the NADPH inhibitor diphenyleneiodonium (DPI). Ponatinib pre-exposure significantly increased H3cit expression in HoxB8-BCR-ABL1 cells after stimulation with IO. In summary, CML is associated with increased NET formation, which is augmented by ponatinib, suggesting a possible role for NETs in promoting vascular toxicity in CML