The effects of language complexity in a counterattitudinal appeal to laypeople : an application of the elaboration likelihood model of persuasion to a legal issue

The effects of a complexly worded counterattitudinal appeal on laypeople's attitudes toward a legal issue were examined, using the Elaboration Likelihood Model (ELM) of persuasion as a theoretical framework. This model states that persuasion can result from the elaboration and scrutiny of the message arguments (i.e., central route processing), or can result from less cognitively effortful strategies, such as relying on source characteristics as a cue to message validity (i.e., peripheral route processing). One hundred and sixty-seven undergraduates (85 men and 81 women) listened to eitller a low status or high status source deliver a counterattitudinal speech on a legal issue. The speech was designed to contain strong or weak arguments. These arguments were 'worded in a simple and, therefore, easy to comprehend manner, or in a complex and, therefore, difficult to comprehend manner. Thus, there were three experimental manipulations: argument comprehensibility (easy to comprehend vs. difficult to comprehend), argumel11 strength (weak vs. strong), and source status (low vs. high). After listening to tIle speec.J] participants completed a measure 'of their attitude toward the legal issue, a thought listil1g task, an argument recall task,manipulation checks, measures of motivation to process the message, and measures of mood. As a result of the failure of the argument strength manipulation, only the effects of the comprehel1sibility and source status manipulations were tested. There was, however, some evidence of more central route processing in the easy comprehension condition than in the difficult comprehension condition, as predicted. Significant correlations were found between attitude and favourable and unfavourable thoughts about the legal issue with easy to comprehend arguments; whereas, there was a correlation only between attitude and favourable thoughts 11 toward the issue with difficult to comprehend arguments, suggesting, perhaps, that central route processing, \vhich involves argument scrutiny and elaboration, occurred under conditions of easy comprehension to a greater extent than under conditions of difficult comprehension. The results also revealed, among other findings, several significant effects of gender. Men had more favourable attitudes toward the legal issue than did women, men recalled more arguments from the speech than did women, men were less frustrated while listening to the speech than were ,vomen, and men put more effort into thinking about the message arguments than did women. When the arguments were difficult to comprehend, men had more favourable thoughts and fewer unfavourable thoughts about the legal issue than did women. Men and women may have had different affective responses to the issue of plea bargaining (with women responding more negatively than men), especially in light of a local and controversial plea bargain that occurred around the time of this study. Such pre-existing gender differences may have led to tIle lower frustration, the greater effort, the greater recall, and more positive attitudes for men than for WOlnen. Results· from this study suggest that current cognitive models of persuasion may not be very applicable to controversial issues which elicit strong emotional responses. Finally, these data indicate that affective responses, the controversial and emotional nature ofthe issue, gender and other individual differences are important considerations when experts are attempting to persuade laypeople toward a counterattitudinal position.

Email Evidence Preservation. How to Balance the Obligation and the High Cost

With the great advancement of computer technologies, electronic information starts to play a more and more important role in modern business transactions. Therefore, electronic data, such as e-mail, is frequently required in the process of litigation. Companies, on the one hand, have the legal obligations to produce this kind of e-mail evidence. On the other hand, they also undertake a high cost of e-mail evidence preservation due to the great volume on a daily basis. This Article firstly analyzed features of e-mail evidence with the comparison of paper evidence. Then, it discussed about how e-mail is authenticated and admitted into evidence. By using the case laws in different legal aspects and current Canadian legislations, the Author demonstrated the importance of e-mail evidence preservation in ordinary business course. After that, the Article focused on the practical dilemma of the companies between their legal obligation and the expensive cost to preserve e-mail evidence. Finally, the Author proposed suggestions to both companies and courts on how to coordinate the obligation and cost. More specifically, while companies should adopt a document management policy to implement e-mail evidence preservation, courts need to take into consideration of the high cost of e-mail evidence preservation in electronic discovery.

Evidence for an apartheid-like social structure in early Anglo-Saxon England

The role of migration in the Anglo-Saxon transition in England remains controversial. Archaeological and historical evidence is inconclusive, but current estimates of the contribution of migrants to the English population range from less than 10 000 to as many as 200 000. In contrast, recent studies based on Y-chromosome variation posit a considerably higher contribution to the modern English gene pool (50-100%). Historical evidence suggests that following the Anglo-Saxon transition, people of indigenous ethnicity were at an economic and legal disadvantage compared to those having Anglo-Saxon ethnicity. It is likely that such a disadvantage would lead to differential reproductive success. We examine the effect of differential reproductive success, coupled with limited intermarriage between distinct ethnic groups, on the spread of genetic variants. Computer simulations indicate that a social structure limiting intermarriage between indigenous Britons and an initially small Anglo-Saxon immigrant population provide a plausible explanation of the high degree of Continental male-line ancestry in England.

The impact of buy to let residential investment on local housing markets: evidence from Glasgow, Scotland

The advent of the 'buy to let' (BTL) phenomenon in the UK. apart from producing a new wave of individualized rental market investment, has been widely judged to be a speculative and destabilizing force in the housing market. This paper provides a detailed empirical investigation of new residential investment in one city (Glasgow) where BTL has made a relatively large impact. In seeking to overcome data problems, the study employed qualitative (expert interviews and a landlord survey) and quantitative methods (census, the Register of Sasines, standardized house price information and modelling thereof) in order to assess the nature and scale of BTL, the motivations of investors and its impact on the private housing market. The evidence suggests that white Glasgow is in many re.spects different to rental markets elsewhere in the UK and although the investment has thus far largely occurred in a benign environment, the context for future investment, on balance, looks sustainable (i.e.favourable changes to pension planning law and the maturing market for BTL}. Long-term market impact is an empirical question that depends on the specific interactions of market niches or segments (i.e. the first-time buyer market for apartments} with potential buy to let investment. Our conclusion, to borrow a Scottish legal term, is that BTL induced volatility is 'not proven'.

Online data processing consent under EU law: a theoretical framework and empirical evidence from the UK

This article analyses the results of an empirical study on the 200 most popular UK-based websites in various sectors of e-commerce services. The study provides empirical evidence on unlawful processing of personal data. It comprises a survey on the methods used to seek and obtain consent to process personal data for direct marketing and advertisement, and a test on the frequency of unsolicited commercial emails (UCE) received by customers as a consequence of their registration and submission of personal information to a website. Part One of the article presents a conceptual and normative account of data protection, with a discussion of the ethical values on which EU data protection law is grounded and an outline of the elements that must be in place to seek and obtain valid consent to process personal data. Part Two discusses the outcomes of the empirical study, which unveils a significant departure between EU legal theory and practice in data protection. Although a wide majority of the websites in the sample (69%) has in place a system to ask separate consent for engaging in marketing activities, it is only 16.2% of them that obtain a consent which is valid under the standards set by EU law. The test with UCE shows that only one out of three websites (30.5%) respects the will of the data subject not to receive commercial communications. It also shows that, when submitting personal data in online transactions, there is a high probability (50%) of incurring in a website that will ignore the refusal of consent and will send UCE. The article concludes that there is severe lack of compliance of UK online service providers with essential requirements of data protection law. In this respect, it suggests that there is inappropriate standard of implementation, information and supervision by the UK authorities, especially in light of the clarifications provided at EU level.

Married woman and their landholdings: the evidence from feet of fines, 1310-1509

Despite the recent expansion in studies of medieval women, uncertainty surrounds their married lives due to the social and legal constraints that existed at that time. Here it is argued that feet of fines provide a lens, albeit partial, on the activities of married women who were effectively managing the disposal and inheritance of their landed estates. At the same time the importance to the purchaser of ensuring the lawful acquisition of the property is also observed. As a result, greater insights into married women and their property in the fourteenth and fifteenth centuries are obtained.

Economic evidence in regulatory disputes: revisiting the court-regulatory agency relationship in the US and the UK

This article examines the issue of the appropriate scope of review of economic evidence enshrined in the discretionary assessments of utility regulators in the US and the UK. It advances a balance of institutional competencies approach to the question of the degree of deference owed to the regulatory agency’s economic assessments. In doing so, it revisits the doctrinal positions advanced in the US and UK for the substantive review of administrative discretion, so as to become attuned to the challenges posed by economic evidence. Drawing on insights from political science and economics, the suggested approach illuminates the institutional disadvantages of the courts that may warrant a high degree of deference. At the same time, however, it remains sensitive to the polycentric elements of regulatory disputes as well as to a number of institutional realties that may attenuate the weight of such comparative institutional disadvantages.

The legitimacy of the UN Security Council: evidence from recent General Assembly debates

Existing research on the legitimacy of the UN Security Council is conceptual or theoretical, for the most part, as scholars tend to make legitimacy assessments with reference to objective standards. Whether UN member states perceive the Security Council as legitimate or illegitimate has yet to be investigated systematically; nor do we know whether states care primarily about the Council's compliance with its legal mandate, its procedures, or its effectiveness. To address this gap, our article analyzes evaluative statements made by states in UN General Assembly debates on the Security Council, for the period 1991–2009. In making such statements, states confer legitimacy on the Council or withhold legitimacy from it. We conclude the following: First, the Security Council suffers from a legitimacy deficit because negative evaluations of the Council by UN member states far outweigh positive ones. Nevertheless, the Council does not find itself in an intractable legitimacy crisis because it still enjoys a rudimentary degree of legitimacy. Second, the Council's legitimacy deficit results primarily from states' concerns regarding the body's procedural shortcomings. Misgivings as regards shortcomings in performance rank second. Whether or not the Council complies with its legal mandate has failed to attract much attention at all.

Can institutional investors bias real estate portfolio appraisals? Evidence from the market downturn

This paper investigates the extent to which institutional investors may have influenced independent real estate appraisals during the financial crisis. A conceptual model of the determinants of client influence on real estate appraisals is proposed. It is suggested that the extent of clients’ ability and willingness to bias appraisal outputs is contingent upon market and regulatory environments (ethical norms and legal and institutional frameworks), the salience of the appraisal(s) to the client, financial incentives for the appraiser to respond to client pressure, organisational culture, the level of moral reasoning of both individual clients and appraisers, client knowledge and the degree of appraisal uncertainty. The potential of client influence to bias ostensibly independent real estate appraisals is examined using the opportunity afforded by the market downturn commencing in 2007 in the UK. During the market turbulence at the end of 2007, the motivations of different types of owners to bias appraisals diverged clearly and temporarily provided a unique opportunity to assess potential appraisal bias. We use appraisal-based performance data for individual real estate assets to test whether there were significant ownership effects on performance during this period. The results support the hypothesis that real estate appraisals in this period reflected the differing needs of clients.

Understanding e-government technology transfer: evidence from the transfer of a patent management system from EPO to INPI

Drawing upon Brazilian experience, this research explores some of the key issues to be addressed in using e-government technical cooperation designed to enhance service provision of Patent Offices in developing countries. While the development of software applications is often seen merely as a technical engineering exercise, localization and adaptation are context bounded matters that are characterized by many entanglements of human and non-humans. In this work, technical, legal and policy implications of technical cooperation are also discussed in a complex and dynamic implementation environment characterized by the influence of powerful hidden agendas associated with the arena of intellectual property (IP), which are shaped by recent technological, economic and social developments in our current knowledge-based economy. This research employs two different theoretical lenses to examine the same case, which consists of transfer of a Patent Management System (PMS) from the European Patent Office (EPO) to the Brazilian Patent Office that is locally named ‘Instituto Nacional da Propriedade Industrial’ (INPI). Fundamentally, we have opted for a multi-paper thesis comprising an introduction, three scientific articles and a concluding chapter that discusses and compares the insights obtained from each article. The first article is dedicated to present an extensive literature review on e-government and technology transfer. This review allowed the proposition on an integrative meta-model of e-government technology transfer, which is named E-government Transfer Model (ETM). Subsequently, in the second article, we present Actor-Network Theory (ANT) as a framework for understanding the processes of transferring e-government technologies from Patent Offices in developed countries to Patent Offices in developing countries. Overall, ANT is seen as having a potentially wide area of application and being a promising theoretical vehicle in IS research to carry out a social analysis of messy and heterogeneous processes that drive technical change. Drawing particularly on the works of Bruno Latour, Michel Callon and John Law, this work applies this theory to a longitudinal study of the management information systems supporting the Brazilian Patent Office restructuration plan that involved the implementation of a European Patent Management System in Brazil. Based upon the ANT elements, we follow the actors to identify and understand patterns of group formation associated with the technical cooperation between the Brazilian Patent Office (INPI) and the European Patent Office (EPO). Therefore, this research explores the intricate relationships and interactions between human and non-human actors in their attempts to construct various network alliances, thereby demonstrating that technologies embodies compromise. Finally, the third article applies ETM model as a heuristic frame to examine the same case previously studied from an ANT perspective. We have found evidence that ETM has strong heuristic qualities that can guide practitioners who are engaged in the transfer of e-government systems from developed to developing countries. The successful implementation of e-government projects in developing countries is important to stimulate economic growth and, as a result, we need to understand the processes through which such projects are being implemented and succeed. Here, we attempt to improve understanding on the development and stabilization of a complex social-technical system in the arena of intellectual property. Our preliminary findings suggest that e-government technology transfer is an inherently political process and that successful outcomes require continuous incremental actions and improvisations to address the ongoing issues as they emerge.

WTO-plus commitments on the elimination of export duties: evidence of a two-tier membership?

This descriptive paper examines the prevalence of ‘WTO-plus’ commitments in accession protocols of newly acceded Members, with a focus on commitments on the elimination of export duties. It presents preliminary results of a mapping exercise carried out with respect to these commitments and seeks to answer two questions. First, can any general conclusions be drawn as to the prevalence of these commitments or are they, per definition, country-specific. Second, has the political nature of the WTO accession process allowed for the creation of a two-tier membership. The first question is answered by relying on data gathered as part of the ongoing PhD-research project conducted by the author. The project aims to construct a typology of WTO-plus commitments to allow for a more detailed analysis of the relationship between these commitments and the baseline obligations in the covered agreements. The accession of China to the WTO is commonly considered as the prime example of the inclusion of WTO-plus obligations in accession protocols. The paper tries to answer the question whether this particular accession was truly unique in nature, or whether the inclusion of “Plus” obligations is less exceptional than often assumed. Additionally, the accession protocols of other recently acceded-Members are examined to establish whether the hypothesis holds. In the PhD-research project this comparative methodology will also be applied to map WTO-plus commitments in other areas, such as anti-dumping and transparency. The second question will be answered in two stages. In a preliminary stage, international institutional law will be used to by analyzing the way in which the WTO’s Dispute Settlement Body has dealt with this type of WTO-plus commitment in its jurisprudence. The second stage deals with the question of hierarchy: Accession Protocols are negotiated with the WTO Membership, by each country willing to accede to the WTO. This poses questions as to their exact position in the system of WTO law. To establish whether evidence of a two-tier membership is present, one first has to turn back to the question whether Accession Protocols are a separate (or independent) legal instrument or an “integral part” of the WTO system of covered agreements. If newly acceded Members do not benefit from the general exceptions in order to balance their more stringent, WTO-plus, obligations, this may support the conclusion that the membership of the World Trade Organization is becoming, in fact, two-tiered.

Causas do desmatamento da Amazônia: uma aplicação do teste de causalidade de Granger acerca das principais fontes de desmatamento nos municípios da Amazônia Legal brasileira

Muitas são os fatores, apontadas pela literatura pertinente, acerca das causas do desmatamento da Amazônia Legal brasileira. Desde aspectos endógenos como as condições edafo-climáticas, a aspectos relacionados à ação antrópica como os movimentos populacionais, o crescimento urbano e, em especial, as ações autônomas ou induzidas dos diversos agentes econômicos públicos e privados que têm atuado na região, configurando historicamente os processos de ocupação do solo e aproveitamento econômico do espaço amazônico. Este artigo tem como objetivo realizar um teste de causalidade, no sentido de Granger, nas principais variáveis sugeridas como importantes para explicar o desmatamento da Amazônia Legal, no período de 1997 a 2006. A metodologia a ser empregada se baseia em modelos dinâmicos para dados em painel, desenvolvidos por Holtz-Eakin et al. (1988) e Arellano-Bond (1991), que desenvolveram um teste de causalidade baseado no artigo seminal de Granger (1969). Entre os principais resultados obtidos está a constatação empírica de que existe uma causalidade bidirecional entre desmatamento e as áreas de culturas permanente e temporária, bem como o tamanho do rebanho bovino.

Condicionantes socioeconômicos e ambientais dos clubes de convergência da renda na Amazônia Legal 1985 a 2007

Este trabalho analisa a formação de clubes de convergência na Amazônia legal no período de 1985 a 2007, condicionados por variáveis socioeconômicas, institucionais e ambientais. O caráter inovador deste trabalho está em testar pela primeira vez a importância do desmatamento como condicionante ambiental da formação dos clubes de convergência na Amazônia. Foi utilizada uma metodologia não paramétrica através da estimação de densidades de núcleo, matriz de transição e estimação de núcleos estocásticos para testar as evidências de convergência entre os municípios. Os resultados confirmaram a hipótese de convergência, grande dinâmica intrasseccional da renda e a formação de três clubes de convergência entre os municípios da Amazônia legal. O capital humano aparece como importante condicionante e o rebanho bovino e área de pecuária tem fraca significância no condicionamento da renda relativa municipal. O desmatamento e as variáveis institucionais não se mostraram significantes para o crescimento econômico dos municípios da Amazônia legal.

Estudo da interação genótipo-ambiente em rebanhos da raça Nelore na Amazônia Legal

Dados de pesos padronizados aos 120 (P120), 210 (P210), 450 (P450) dias de idade, perímetro escrotal aos 450 dias de idade (PE450) e idade ao primeiro parto (IPP), de 211.744 registros de animais Nelore, provenientes de fazenda localizadas na região da Amazônia Legal, foram utilizados na análise. O efeito da interação genótipo-ambiente foi estudado por meio de estimativas de herdabilidade e de correlações entre classificações, comparando os animais da Amazônia Legal com a base geral de animais do PMGRN – Nelore Brasil. As análises bi-característica consideraram o P120 como característica-âncora, com P210, P450 e PE450. O modelo de análise considerou grupo de contemporâneos de P120, P210, P450 e da classe de idade da vaca ao parto (CIVP) como efeitos fixos e os efeitos aleatórios genéticos aditivos diretos, maternos e residuais. Nas análises de P120 com P450 e com PE450 foi desconsiderado o efeito materno no modelo. A covariância aditivo-materna foi fixada em zero, conforme protocolo estabelecido nas análises do PMGRN – Nelore Brasil. A característica IPP foi analisada separadamente, em análise de característica única e considerando como efeito fixo o GCIPP e como aleatórios os efeitos aditivos genéticos e residual. Para realizar a comparação entre classificações, por meio do procedimento PROC CORR opção spearman do SAS. As estimativas de herdabilidade para P120, P210, P450, PE450 e IPP nos dados da Amazônia Legal foram: 0,20 a 0,49; 0,21; 0,48; 0,45 e 0,21, respectivamente, e nos dados gerais do PMGRN – Nelore Brasil foram: 0,23; 0,25; 0,34; 0,43 e 0,11, respectivamente. As correlações entre classificações de rank para P120, P210, P450, PE450 e IPP foram iguais a 0,77; 0,79; 0,82; 0,78 e 0,38, respectivamente. As análises da interação genótipo-ambiente evidenciaram maiores efeitos sobre os aspectos maternos, de peso ao sobreano e IPP, enquanto que as correlações entre classificações mostraram fortes evidências de interação genótipo-ambiente em quase todas as características estudadas.

Recuperação de área de preservação permanente através da nucleação como subsídio à adequação legal da atividade de extração de argila em pequena propriedade

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)