Judging under Public Pressure

2021 ◽  
pp. 1-48
Author(s):  
Alma Cohen ◽  
Zvika Neeman ◽  
Florian Auferoth
Keyword(s):  

Abstract We study the circumstances under which public pressure affects judging. We show that crowd pressure biases decisions in favor of the crowd for “subjective decisions” with respect to which the judge has more discretion, but not for “objective decisions.” The bias is strengthened after a judge's error against the crowd, and when errors are costlier to the crowd. We use data about referees' decisions and errors from the Bundesliga. We exploit three regimes where, due to the introduction of Video Assistance Refereeing (VAR) and COVID-19, both crowd pressure and the likelihood of errors vary.

2008 ◽  
Vol 16 (2) ◽  
pp. 62-77
Author(s):  
Janet Moss

Author(s):  
Tamara Kay ◽  
R. L. Evans

This chapter examines how activists used outsider strategies and mobilized public pressure to increase legislative opposition to NAFTA during the substantive treaty negotiations that followed passage of fast-track reauthorization. It focuses on activists’ mobilization of a mass movement of NAFTA opponents during the year and a half of NAFTA’s substantive negotiations beginning in June 1991 until President Bush signed the agreement in December 1992. While the AFL-CIO and some environmentalists concentrated on insider strategies, labor unions and the majority of environmental organizations created a strong anti-NAFTA grassroots coalition and mobilized; they held local protests and rallies, wrote press releases, held forums with community groups and local politicians, and appeared in media outlets in over one hundred cities. The chapter also reveals how activists’ pressure led to the negotiation of additional labor and environmental side agreements.


Author(s):  
Moshe Hirsch

Abstract The recent moderate trend to increasingly apply human rights law in investment awards is accompanied by certain new investment treaties which include expressed human rights provisions. An analysis of recent investment awards indicates that though there are some ‘winds of change’ in this field, it is equally noticeable that human rights law is far from being mainstreamed in international investment law. Investment arbitration procedural law is also undergoing a process of change, and the new procedural rules tend to enhance public elements in the investment arbitral system. This study is aimed at explaining these recent legal changes, highlighting the role of social movements in reframing investment relations as well as increasing public pressure to apply human rights law. These framing changes concern broadening the frame of investment arbitration (beyond the foreign investor–host state dyad), reversing the perceived balance of power between investors and host states, and zooming-in on local individuals and communities residing in host states. The discussion on factors impeding legal change in this field emphasizes the role of the private legal culture prevalent in the investment arbitration system, which is reflected and reinforced by certain resilient socio-legal frames. Informed by this analysis, the study suggests some legal mechanisms which can mitigate the inter-partes frame, and increase the application of human rights law in investment arbitration; inter alia, rigorous transparency rules that are likely to facilitate increased public pressure on tribunals and increase the participation of social movements representing local actors in arbitral processes.


Author(s):  
Scott Dyreng ◽  
Jeffrey L. Hoopes ◽  
Jaron H. Wilde

1964 ◽  
Vol 79 (1) ◽  
pp. 149
Author(s):  
Richard L. Park ◽  
Myron Weiner

2016 ◽  
Vol 1 (1) ◽  
pp. 53-75
Author(s):  
Cecil Yongo

The reaction of the government in Kenya, like many other governments around the world, to terrorist attacks has generally been to strengthen existing laws and enact novel laws, especially those that aid the state’s intelligence-gathering capabilities, along with those that are punitive. In some cases, even in Kenya, States have taken, or have attempted to take, extra-Constitutional and unconstitutional actions. This is the approach that this paper characterises as arising from ‘temptation of power’, and in that regard, this interdisciplinary paper is—through an analysis of scholarship in law, sociology and information/ communication—an attempt to investigate the origin, results and wisdom of such an approach in the war against terror, its effect on the rule of law and minority rights in society; and propose why and how it can be avoided.


<em>Abstract</em>.—Thirteen United States fishery agencies utilized routine supplemental stocking as a means to manage largemouth bass <em>Micropterus salmoides </em>populations in large (>405-ha) reservoirs. State agencies stocking largemouth bass used two strains (i.e., northern and Florida) as well as intergrades. Largemouth bass for stocking were raised in hatcheries, lakeside nursery ponds, or both. Among states, methods used to monitor fish in hatchery ponds and lakeside nursery ponds, the date ponds were drained, and methods to enumerate fish from the ponds varied. Although most states cited bolstering weak year-classes as their main reason for routine stocking, others noted increasing genetic variability within populations and public pressure as reasons that their agencies stocked large reservoirs with largemouth bass. As agencies continue to respond to public pressures for larger fish, they should consider the possible consequences of mixing stocks of largemouth bass. With continued development of agency rearing techniques, especially in lakeside nursery ponds, methods to enumerate fish should be considered to aid in future stocking evaluations. Improved rearing and stocking techniques will allow fisheries managers to utilize resource dollars in a way that provides benefit to anglers while ensuring the sustainability of largemouth bass populations.


Author(s):  
James L. Newell

The chapter takes its point of departure from the fact that scandals of the kind considered in the previous chapter are important in driving efforts to tackle problems like corruption because they create the public pressure needed to ensure they are taken seriously. Against this background the chapter considers, first, the conditions under which measures to tackle corruption are likely to be more or less successful, bearing in mind that any given measure may work well in some contexts, less so in others. Then it asks about the conditions under which the authorities’ efforts to tackle corruption will be greater or lesser – bearing in mind that in order for the authorities to make any attempt to combat corruption, they have to be aware of it; they have to want to combat it, and they have to have adequate means to do so. Finally, in light of the factors influencing the efforts the authorities are likely to make in tackling corruption, the chapter considers what they are actually doing.


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