bluuebunny/crossref_metadata_2025 huggingface dataset:
Difficult commissioning choices: lessons from English primary care trusts
Authors: Bravo Vergel Yolanda , Ferguson Brian
Published: June 2006

Objective: In England, primary care organizations (primary care trusts, PCTs) have scope to influence the provision of health care at the margin. However, when faced with difficult commissioning choices, restriction of services potentially leaves them vulnerable to legal challenge. PCTs are developing different approaches to priority setting but there is a need to develop processes that lead to more consistent, accountable and fair decision-making. Our objective was to describe recent local developments on prioritization decision-making.

Methods: Rationing policies in PCTs in West Yorkshire and North & East Yorkshire and North Lincolnshire (NEYNL) Strategic Health Authority areas in 2003 were examined. To evaluate priority setting, we compared the descriptive findings with an internationally recognized ethical framework for priority setting, 'accountability for reasonableness' (AFR).

Results: PCTs varied as regards the stage of policy development they had reached. Rationing by exclusion was the most common approach to prioritization, but in general PCTs failed to make the rationale for their decisions explicit and accessible. The importance of an appeals process was recognized by the majority of PCTs. Those that had developed a formal process to address difficult commissioning decisions were an exception.

Conclusions: Adopting AFR as a prioritization framework can serve to improve the fairness and consistency of the decision-making process, reducing the vulnerability of PCTs to legal challenge. Characteristics of rationing policies already in place fulfil some of the AFR conditions but there remains scope for further improvements in their design and dissemination.
Characterization and Estimation of Wind Energy Resources Using Autoregressive Modelling and Probability Density Functions
Authors: Castellanos F. , Ramesar Vincent Isa
Published: June 2006

The commonly used two-parameter Weibull distribution has fitted many wind speed distributions reasonably well. However, the use of such probability density functions (PDFs) does not provide a very accurate description of wind resources. The main drawback is that the wind time series data are assumed to be uncorrelated over time. This paper studies autoregressive (AR) modelling as an alternative method to characterize a given wind regime. The AR model allows for a very accurate representation of the wind resource and additionally, provides a tool for its forecasting. The AR model is compared with commonly used non-Gaussian distributions for two Caribbean wind-speed time-series. The comparison evaluates the fitting of the models, and, most importantly, the estimated values of power and energy to be extracted from the wind resource. It is concluded that autoregressive (AR) modelling provides greater accuracy than the popular Weibull and Rayleigh distributions, especially for low wind-speed systems.
Static Synchronous Compensator (Statcom) for Dynamic Reactive-Compensation of Wind Turbines
Authors: Akhmatov Vladislav , Søbrink Kent
Published: June 2006

This paper reviews the common control characteristics of a Statcom and presents the control strategies which may be applied for compensation of large wind farms. The Statcom's control and protection are modelled with the simulation tool Powerfactory (DigSilent). The analysis evaluates (i) a realistic test grid containing local wind turbines in the distribution network, and (ii) a large offshore windfarm connected to the transmission system.
Maximizing Wind Generated Electricity with Hydro Storage: Case Study Crete
Authors: Kaldellis J.K. , Kavadias K.A. , Papantonis D.E. , Stavrakakis G.S.
Published: June 2006

A vital problem encountered in Greek islands within the Aegean Archipelago is insufficient electricity generation. Wind generated electricity appears to be a fiscally viable solution, as the area has excellent wind potential. Yet despite the technological improvement, the penetration of substantial wind power to autonomous electrical grids is still limited, mainly due to existing technical barriers. One of the most interesting autonomous electrical network cases is the island of Crete. Here, with an excellent wind potential, about 180 wind turbines of 120 MW total installed rated-capacity are in operation or under construction. However, even in this relatively strong electrical system, grid instability and mismatching of supply and demand have led to significant wind energy rejection. This “spilt” wind power corresponds to an annual financial loss of income of 30,000 € per MW of wind power installed. The present study seeks an integrated methodology with pumped-hydro storage for maximizing the contribution of wind energy in the Crete electricity supply. In addition, the objective is to improve grid stability. An analysis of the wind-hydro electricity production cost is presented and compared with the corresponding operational cost of the existing thermal power plants.
Influence of Wind Speed on Wind Turbine Reliability
Authors: Tavner Peter , Edwards Clare , Brinkman Andy , Spinato Fabio
Published: June 2006

Wind turbines have been erected in increasing numbers in Europe, the USA and elsewhere. In Europe Denmark has played a particularly prominent part in developing the technology and has installed a large numbers of turbines. The paper is concerned with the influence of the weather on the reliability of modern wind turbines and in particular the effect of wind speed. The prime objective of the work is to extract information from existing reliability data to draw conclusions about how the wind speed affects turbine reliability and which subassemblies in the turbine it affects the most. The purpose is to make information available to turbine manufacturers and operators so that the reliability of new wind turbine designs can be improved, particularly if they are to be installed offshore, where the weather is more inclement. Data are collected from Windstats for historic, maintained, Danish wind turbines and on-line data collected for the Danish weather. These data are used to analyse the reliability of wind turbines and their subassemblies in varying weather conditions from 1994–2004. The paper describes practical methods of extracting information from wind-turbine reliability data and shows how turbine design, turbine configuration, time and the weather can affect the extracted results.
Multiple Roles and Successes in Public Bioethics: A Response to the Public Forum Critique of Bioethics Commissions
Authors: Johnson Summer
Published: June 2006

ANational bioethics commissions have been critiqued for a variety of structural, procedural, and political aspects of their work. A more recent critique published by Dzur and Levin uses political philosophy to constructively critique the work of national bioethics commissions as public deliberative forums. However, this public forum critique of bioethics commissions ignores empirical research in political science and normative claims that suggest that advisory commissions can and should have diverse of functions beyond that of being public forums. The present paper argues that the public forum critique too narrowly considers the roles that bioethics commissions can play in public bioethics and ignores the moral obligation of commissions to fulfill their mandates. Evaluations of commissions must consider that these institutions can serve in capacities other than those of a public deliberative forum and use additional measures to evaluate the multiple roles and successes of bioethics commissions in public policy.
The Chicken or the Egg? A Probabilistic Analysis of English Binomials
Authors: Benor Sarah , Levy Roger
Published: June 2006

Why is it preferable to say salt and pepper over pepper and salt? Based on an analysis of 692 binomial tokens from online corpora, we show that a number of semantic, metrical, and frequency constraints contribute significantly to ordering preferences, overshadowing the phonological factors that have traditionally been considered important. The ordering of binomials exhibits a considerable amount of variation. For example, although principal and interest is the more frequent order, interest and principal also occurs. We consider three frameworks for analysis of this variation: traditional optimality theory, stochastic optimality theory, and logistic regression. Our best models—using logistic regression—predict 79.2% of the binomial tokens and 76.7% of types, and the remainder are predicted as less frequent—but not ungrammatical—variants.
Face/Off: Some Speculations on Elizabethan Acting
Authors: Hyland Peter
Published: June 2006

Certain less "literary" plays provide an informative picture of the place of the performer in Early Modern drama. Works like John a Kent and John a Cumber and The Blind Beggar of Alexandria were both wildly popular and dependent on the appeal of a kind of virtuoso impersonation routine, which this essay compares to John Woo's 1997 thriller Face/Off . Just as that film's stars trade off of their established characteristics, it seems likely that Edward Alleyn parodied his own roles in Tamburlaine and Doctor Faustus in the aforementioned plays. The image that emerges, of an Elizabethan theatre that exploited popular trends and actors' established reputations, is at once familiar to modern-day consumers and indicative of an area in desperate need of exploration, if we are to understand the material conditions of Early Modern performance outside of canonical texts.
Lobster Poaching and the Ironies of Law Enforcement
Authors: McMullan John L. , Perrier David C.
Published: June 2006

This article studies law in action as it relates to organized lobster poaching in Canada. It examines the distinct pattern of relationships that constitutes poaching as a business enterprise and analyzes how “living law” operates as an ironic facilitative form for that which it tries to control. We argue that business poachers evade, avoid, and neutralize fishery laws and regulations by creatively using and manipulating the legal boundaries and organizational resources at their disposal. In effect, the law is an enabling structure for blue water illegality. We analyze business poaching activities as a type of workplace crime, and we account for regulatory failure in the lobster fishery.
Placing the “Gift Child” in Transnational Adoption
Authors: Yngvesson Barbara
Published: June 2006

In this article I focus on discourses of freedom and exclusive belonging that structure the conventions of giving in transnational adoption, and I examine state practices for regulating the production and circulation of children in a global market economy. I argue that while the gift child, like the sold child, is a product of commodity thinking, experiences of giving a child, receiving a child, and of being a given child are in tension with market practices, producing the contradictions of adoptive kinship, the ambiguities of adoption law, and the creative potential in the construction of adoptive families.
Collaboration and Commodification in Assisted Procreation: Reflections on an Open Market and Anonymous Donation in Human Sperm and Eggs
Authors: Lyndon Shanley Mary
Published: June 2006

The practices through which American society regulates the transfer of human gametes (eggs and sperm) reflects and shapes our understanding of our relationship to our genetic materials. The ways in which we think about and justify these practices engages important themes of liberal political theory and law: the understanding of individuals as autonomous or defined (at least in part) by relationships that entail dependence and care; the meaning of reproductive freedom and procreative collaboration; and the extent to which a free market may protect or undercut individual liberty. Two ethical and policy questions reflect these issues: should persons created with third-party gametes be able to learn the identity of the donor(s), and should the sale of eggs and sperm be prohibited, regulated, or left to the open market? This article contends that society should prohibit both anonymous transfer of and payment for human gametes themselves. Abolition of both anonymity and payment in the practice of gamete transfer is necessary to reflect properly the collaborative nature of assisted procreation. Although political reality may lead society to permit payment of a strictly capped “inconvenience allowance” for undergoing the procedures involved in transferring one's gametes, such payment (while preferable to payment for gametes themselves) inappropriately conceptualizes use of one's body as a commodity.
Politics of International and Domestic Adoption in China
Authors: Johnson Kay
Published: June 2006

This article analyzes why the Chinese government turned to international adoption in the 1990s as a means to deal with increasing numbers of abandoned children in Chinese orphanages. Although many people involved in international adoption assume that Chinese families are unwilling to adopt the kinds of children who fill most Chinese orphanages, primarily abandoned girls, research indicates that many families in China are willing to adopt abandoned children, including girls. Yet legal requirements that adopters be over 35 and childless severely limited the number of families who could legally adopt children in the 1990s. While this did not prevent unofficial adoption in violation of the restrictions, it did keep adopters away from government orphanages, thus increasing the burden on those institutions. Restrictions on adoption are the result of birth planning efforts to prevent adoption from being used as a loophole whereby birth parents adopt out daughters in order to be able to try again for a son. The result of this policy has been to increase abandonment while decreasing the number of legally eligible adoptive families in China. International adoption has helped enlarge the pool of potential adopters without disturbing birth planning priorities. It has also helped provide needed funds for improving conditions in state orphanages. Although legal changes in 1999 eased restrictions on the adoption of abandoned children living in orphanages, a number of factors have limited actual change, while restrictions on adoptions outside of orphanages have been largely maintained. Birth planning authorities remain wary of liberalizing domestic adoption, and a decade of international adoption has institutionalized powerful interests that orient adoption from orphanages toward the outside rather than inside China. Nonetheless, China is slowly moving toward an adoption policy more in line with the Hague Convention's injunction to prioritize domestic adoption over international placement, turning to international adoption only when it is impossible to find domestic adoptive families.
The Teacher-Scholar
Authors: Seron Carroll
Published: June 2006

The teacher-scholar enjoys the opportunity to contribute to the development of public intellectualism and, particularly, to a concern for social justice and the democratic process. As teachers, we have the opportunity to share with students the skills of critical questioning, which is the fundamental grounding for thinking about what a commitment to social justice and democratic processes means. As scholars, even when we conduct policy-driven studies, we have the opportunity to contribute to progressive social change, as long as we remain independent of the client and engaged with basic theoretical and conceptual questions of the social sciences. In response to Calavita's call for a commitment to engaged research, I propose that we begin our work at work.
A Stranger at the Table: Reflections on Law, Society, and the Higgs Boson
Authors: Dingwall Robert
Published: June 2006

The observation that Great Britain and the United States are two countries separated by a common language has been variously attributed to Mark Twain, Oscar Wilde, George Bernard Shaw, Bertrand Russell, Dylan Thomas, and Winston Churchill. The Law and Society Association's (LSA) Presidential Addresses tend to be one of the occasions when this overworked observation clearly rings most true. More precisely, since language is but one dimension of culture, an equally widely credited truism, it is always the point in the Annual Meetings at which an alien tends to feel most alien. For me, the achievement of Kitty Calavita's Address lies in the way that it helps me to define that feeling of strangeness.
AIDS, Law, and the Rhetoric of Sexuality
Authors: Rollins Joe
Published: June 2006

Models of judicial decisionmaking have traditionally relied on legal, political, and contextual variables, emphasizing judges' background, litigants' rights claims, and the relative social status of the parties involved. A recent scholarly expansion has brought cultural variables into the equation, indicating that judicial scholarship might usefully include narrative and rhetoric as measures of legal consciousness. This project examines AIDS-related litigation from the U.S. Circuit Courts of Appeals between 1983 and 1995, emphasizing the social construction of sexuality. It uses content-based coding and stepwise probit analysis to evaluate the importance of controlling for language that depicts AIDS as a “gay disease” and its association with death and plague metaphors.
On the Distribution of the Sum of n Sample Values Drawn from A Truncated Normal Population
Authors: Francis V. J.
Published: June 2006

This paper deals with the situation arising when a normal population has all members with values greater (or less) than a given value rejected, and where small samples are drawn from the remaining truncated population. Formal expressions are deduced from which can be calculated the distribution of the sum (or mean) of the sample values as a function of the point at which the original parent population is cut. Tables are given for the integral distribution function of the sum, standardised in an appropriate fashion, and their importance in solving a type of problem of quite frequent occurrence is shown.
The Oscillatory Properties of the Moving Average
Authors: Spencer-Smith J. L.
Published: June 2006

The process of eliminating trend from a time series by means of the method of moving averages is shown to be extremely dangerous if the series is being examined for oscillatory movements. It is shown that the “trend free” moving average difference series formed by the difference between the terms of the original series and the moving average is always liable to be oscillatory whether or not the original series contains oscillatory components. The expression for the serial correlation coefficients and variance of the moving average difference series is derived in terms of the serial correlation coefficients and variance of the original series. It is shown that for typical examples of auto-correlated non-oscillatory time series the method of moving averages is liable to introduce oscillations of considerable magnitude.
Methods of Deferred Sentencing in Testing the Fraction Defective of a Continuous Output
Authors: Anscombe F. J. , Godwin H. J. , Plackett R. L.
Published: June 2006

When the output of a continuous process is subjected to a routine test, in which it is observed whether the articles sampled are satisfactory or defective, a clustering of defectives (i.e. the occurrence of several defectives in rapid succession) may be taken as an indication that quality has deteriorated. In Part I inspection schemes of this kind are considered and compared with sequential sampling methods applied to the product after it has been divided into bulks of a suitable size. In Part II it is shown how the operating characteristic of a deferred sentencing scheme can be calculated.

These schemes are, we believe, the only inspection procedures available at present that relate specifically to a continuous output and apply when the inspection test is destructive. They are non-rectifying.

Mathematically, we are concerned with, among other problems, the frequency of clusters of random points on a line of infinite length.

Most of the work on which this paper is based was carried out by the authors in the Ministry of Supply Advisory Service on Statistical Method (S.R. 17), and their thanks are due to the Director-General of Scientific Research (Defence) for permission to publish it. Part I and the first section of Part II are by F. J. Anscombe, and the remainder of Part II by H. J. Godwin and R. L. Plackett, as indicated by author’s initials.
In Search of Juvenile Justice
Authors: Lefstein Norman , Stapleton Vaughan , Teitelbaum Lee
Published: June 2006

On May 15, 1967 the United States Supreme Court rendered, in In re Gault, its first decision in the area of juvenile delinquency procedure. Commentators have repeatedly construed the rulings in Gault as requiring juvenile courts to adopt new and more liberal practices. The privilege against self-incrimination, and the rights to notice of charges, counsel, confrontation, and cross-examination were heretofore primarily regarded as the cornerstones of an adversary system of justice. The extension of these rights to juvenile courts would have seemed to require an overnight transformation of the court procedures.
Lawyers and Loyalty-Security Litigation
Authors: Casper Jonathan D.
Published: June 2006

As I told you yesterday, I can't figure this out. A criminal lawyer, who is famous for making big fees-maybe he'll make $15, $20, $30 or $40,000-will go in and represent a person on a multiple murder, arson, rape, and four or five other crimes, and the public has some kind of fondness for that. But if some guy will take, if a lawyer will take a case and he says, “I'm going to represent this communist because I think he has a right to express himself, and I'm going to do it just for the love of doing it,” you get a little bit of an odd-ball stigma put on you. I think-I may be wrong on that. But ... it's a strange thing that when you do it for money, the public seems to accept it; when you do it for more lofty reasons, I'm not sure that the public does accept it. What do you think?
Methodological Problems in Studies of Sentencing
Authors: Zeisel Hans
Published: June 2006

The law, especially Anglo-American law, gives as a rule wide latitude to the determination of the sentence that follows the conviction of a defendant. The law may set the minimum or maximum sentence for the particular crime, it may set the range, or it may allow different types of sentences (fine, prison, etc.); at the very least, it provides a choice between two alternatives, for instance, after conviction of a capital crime, it now allows in most states a finding of death or life in prison.

As a rule it is the judge who determines the sentence, but in capital cases, and in some states in other cases, it is the jury. In one state, California, it is the prison authority to whom the sentencing decision falls, the judge merely pronounces sentence in terms of the range set by the penal code. But wherever the discretionary power lies, discretion is almost unlimited. Very seldom will an appellate court impinge on this discretion and change the sentence.
Supreme Court Justices as Strict and Not-so-Strict Constructionists: Some Implications
Authors: Ulmer S. Sidney
Published: June 2006

In making his televised announcement on the nominations of Lewis Powell and William Rehnquist for seats on the Supreme Court, Richard Nixon observed that he was merely fulfilling a campaign promise. For, he said: “… during my campaign for the Presidency, I pledged to nominate to the Supreme Court individuals who shared my judicial philosophy which is basically a conservative philosophy. … As a judicial conservative, I believe some Court decisions have gone too far in the past in weakening the peace forces as against the criminal forces in our society” (New York Times, 1971: 24C). In 1968, Mr. Nixon said: ”We need more strict constructionists on the highest court of the United States. In my view, the duty of a Justice of the Supreme Court is to interpret the law, not to make the law, and the men I support will share that view“ (U.S. News & World Report, 1968: 42).
Methodological Concerns in Studying Supreme Court Efficacy
Authors: Levine James P.
Published: June 2006

Only a few years agoit was customary and appropriate to begin an essay on Supreme Court efficacy by lamenting the paucity of empirical studies dealing with this problem. Such an introduction is no longer in order, since we have recently witnessed a flourishing of research on the actual consequences of judicial decisions. Both the appearance of at least one book of readings on Supreme Court impact (Becker, 1969) and the focusing of panels around this topic at political science conventions are indications of the emergence of “legal impact” as a significant field of scholarly inquiry.
The Jury and the Risk of Nonpersuasion
Authors: Winter Ralph K.
Published: June 2006

Plaintiffs in civil cases and the prosecution in criminal actions generally have the “burden” of proving all factual issues material under the applicable substantive law. The effect of so placing this burden is twofold. First, it compels the plaintiff, or prosecution, to produce a quantum of evidence sufficient to persuade the judge that a reasonable jury could (not should), on the basis of that evidence, find that the burden has been “carried” and that the requisite facts have been proven. If the judge finds the evidence inadequate for that purpose, he will direct a verdict for the defendant. The second effect results from the revelation of this burden to the jury so that it may consider it in its deliberations. No matter how that burden is described to the jury, some disadvantage should accrue to the party bearing it. The Simon/Mahan study raises a number of interesting questions about the extent to which that disadvantage can be quantified and how juries will react to that quantification.
A Deviant Case of Deviance Singapore
Authors: Manen Gloria Count-Van
Published: June 2006

Attempts to understand the etiology of crime, delinquency, and other forms of deviance have approached these complex phenomena in a number of ways. In terms of the unit' under study, these methods can be summarized as follows: (1) delinquent gangs (see, for example, Thrasher, 1927; Yablonsky, 1959; and Short, 1968) or other deviant groups, for example the Mafia (Lewis, 1964; Allen, 1962); (2) particular deviants, like marijuana users (Becker, 1963) or thieves (Sutherland, 1963); (3) particular types of deviants over time, such as sociopathic delinquents (Robins, 1966); (4) delimited areas of a city compared to other areas on rates of delinquency, crime, or mental illness (Faris and Dunham, 1939; Shaw and McKay, 1942; McKay, 1967); and (5) comparisons of crime rates for cities (Ogburn, 1935; Schuessler and Slatin, 1964). Studies of the total pattern of deviance within a city are lacking. Such a study, with the goal
Implementing Legal Policies Through Operant Conditioning: The Case of Police Practices
Authors: Levine James P.
Published: June 2006

One serious obstacle to the achievement of social change in America has been the intransigence of large bureaucracies toward changes in goals, procedures, and styles. Although programs ad infinitum to remedy evils such as poverty, segregation, crime, and pollution are proposed and even written into law, the day-to-day operation of our political institutions often fails to reflect these innovations. Thus we are unable to evaluate the merits of alternative solutions to such ills because they are never given the test of full-fledged implementation.

In this paper I am going to suggest various measures to modify the behavior of one important political institution which has been staunchly resistant to change—the police. Our under standing of police operations is still quite limited (due partially to the secretive nature of most departments), but as David Easton (1969) has argued, social scientists have an obligation to use whatever intellectual tools are at their disposal to obtain “quick, short-run answers” to questions of pressing social concern. To this end, what follows is an attempt to apply some principles of learning theory (developed largely in highly-structured psychology laboratories on infra-human subjects) to the chaotic environment of the cop on the beat.
The Implications of Police Unionism
Authors: Juris Hervey A.
Published: June 2006

Virtually unstudied and largely unobserved, the police employee organization has evolved over the last fifty years into a strong economic and political institution. The rapid growth of militant police unionism as a new political and economic force in the society has raised serious problems for the police agency administrator in the exercise of his professional responsibilities in the area of law enforcement and his executive responsibilities in the area of personnel management. It has also raised serious public policy questions as to whether the protected right to organize and to bargain collectively which is being extended to all other public employees ought to be extended to the police without limitations. Underlying all these questions is the basic issue of whether official sanction should be extended to another entrant in the competition for control of local police operations.
Evanston
Authors: Coons John E.
Published: June 2006

Evanston, a large suburb north of Chicago, has a population of 80,000 of which 11.5% is Negro. It borders Chicago on the south, Skokie on the west, the village of Wilmette on the north, and Lake Michigan on the east. The median family income in 1960 was $9,193 (the median for the lowest census tract was $5,605 and for the highest $17,250); yet Evanston comprises the entire income spectrum, with almost 7% of its population in families with annual incomes of $3,000 or less. Evanston is significantly above the national average in education—the median number of school years completed being 12.8 (the lowest tract averaged 9.6 and the highest was over 16). Twenty-seven per cent of Evanston's adult population are college graduates.
Albany
Authors: Marden Robert H.
Published: June 2006

The capital city of New York State, situated on the west bank of the Hudson River about 140 miles north of New York City, has a large range of urban, suburban, and rural land uses within its limits. Albany is obviously an old city. While it shared in the common urban experience of rapid growth during the nineteenth and early twentieth centuries, its population in recent decades has remained close to the 127,000 reached in 1930. The 1960 census reported that Albany contained only about 130,000 residents.
Police Employee Organizations and Accountability Procedures in three Cities: Some Reflections on Police Policy-Making
Authors: Halpern Stephen C.
Published: June 2006

James Q. Wilson (1971: 4-5) has observed that militant police unions may constitute the greatest obstacle to reform and innovation in contemporary American police practice. To date, most social science studies of the police have focused on the analysis and consequences of individual officer behavior and not on collective actions by policemen to influence law enforcement policy. The absence of in-depth studies of police from a group perspective is significant in view of research (Horton, 1970; Kaufman, 1969) which indicates that municipal agencies in larger cities are moving toward a joint management-labor determination of goals and administration under the prodding of activist employee associations.
The Impact of Argersinger – One Year Later
Authors: Ingraham Barton L.
Published: June 2006

The impact of United States Supreme Court decisions on the administration of criminal justice by police and lower courts in this country has been the subject of extensive research. A number of empirical studies on the impact of Mapp v. Ohio (1961) (Kuh, 1962; Oaks, 1970), Miranda v. Arizona (1966) (Reiss and Black, 1967; Yale Law Review, 1967), Gideon v. Wainwright (1963) (Blumberg, 1966; Sudnow, 1965) and in re Gault (1967) (Duffee and Siegel, 1971) have indicated that Supreme Court decisions have a much smaller impact upon police and court practices than might be expected and that systemic requirements of criminal justice agencies frequently override and suppress the policy objectives of these decisions. The result is the routinization of due process in a way which prevents its requirements from substantially interfering with the operation of the systems involved and the perversion of these requirements to serve organizational ends rather than the ends of justice. These studies raise substantial questions as to the efficacy of attempting to alter the operations of the criminal justice system through constitutional rule-making by the courts.
Public Opinion and the United States Supreme Court: Mapping of Some Prerequisites for Court Legitimation of Regime Changes
Authors: Murphy Walter F. , Tanenhaus Joseph
Published: June 2006

Any relatively stable polity must possess means for converting many, if not most, demands made on political authorities into satisfying outputs, whether material or symbolic. Failure to cope with pressing demands might lead to a severely dysfunctional loss of public support for particular officials as well as for the regime itself. On the other hand, efforts to meet demands through blatant violations of accepted rules can also cause great loss in public support.
Compliance with Legal Regulations: Observation of Stop Sign Behavior
Authors: Feest Johannes
Published: June 2006

There is an age-old controversy over the relative importance and feasibility of formal and informal controls of human behavior. One body of theory, most notably the Sumner tradition, has held that control by formal laws is unimportant and dependent compared to controls by other means: “Acts of legislation come out of the mores. … Things which have been in the mores are put under police regulation and later under positive law. … The regulations must conform to the mores, so that the public will not think them too lax or too strict.”
The Professional Association and the Legal Regulation of Practice
Authors: Akers Ronald L.
Published: June 2006

The political ideologies, identifications, affiliations, participation, contribution to campaign funds, government employment, seeking and holding office, and other aspects of the political behavior of incumbents of various occupations, professions and strata have been investigated. There are also some discussions of the political power of professions, almost exclusively concerned with the legal and medical groups. But the study of professional associations as political pressure groups and their impact on the formulation and administration of the law has been relatively neglected. Professions are prominent among the many pressure groups actively pressing claims upon and through government, attempting to have a part in shaping any public policy that affects their interest. There is ample suggestion in the literature that major portions of their efforts are directed toward the state licensure and practice laws.
Two Models of the Criminal Justice System: An Organizational Perspective
Authors: Feeley Malcolm M.
Published: June 2006

Despite the scholarly and popular interest in the administration of criminal justice, there are few theoretical discussions of the process. Consequently, this paper is an attempt to develop an explicit theoretical framework by which the practices in the administration can be depicted and explained. In it I characterize the criminal justice system in terms of the theory of large-scale organizations, and then examine some of the tasks of administration in terms of established concepts and criteria supplied by this perspective. Following Etzioni, by organization I mean “social units devoted primarily to the attainment of specific goals” (1961). In this case the formal task of the criminal justice system is to process arrests, determine guilt or innocence, and in the case of guilt to specify an appropriate sanction. The major actors in the organization include the defendant, prosecutor, defense counsel, judge, arresting officer, court clerk, and to varying degrees, other persons such as witnesses, additional policemen, clerks, parole officers, court psychiatrists and social workers, and the defendants' families and friends. A system of the administration of justice, whether it is adversarial or inquisitorial, entails the key elements of organization: institutionalized interaction of a large number of actors whose roles are highly defined, who are required to follow highly defined rules and who share a responsibility in a common goal — that of processing arrests.
The Practice of Law as Confidence Game Organizational Cooptation of a Profession
Authors: Blumberg Abraham S.
Published: June 2006

A recurring theme in the growing dialogue between sociology and law has been the great need for a joint effort of the two disciplines to illuminate urgent social and legal issues. Having uttered fervent public pronouncements in this vein, however, the respective practitioners often go their separate ways. Academic spokesmen for the legal profession are somewhat critical of sociologists of law because of what they perceive as the sociologist's preoccupation with the application of theory and methodology to the examination of legal phenomena, without regard to the solution of legal problems. Further, it is felt that “. . . contemporary writing in the sociology of law . . . betrays the existence of painfully unsophisticated notions about the day-to-day operations of courts, legislatures and law offices.” Regardless of the merit of such criticism, scant attention—apart from explorations of the legal profession itself— has been given to the sociological examination of legal institutions, or their supporting ideological assumptions. Thus, for example, very little sociological effort is expended to ascertain the validity and viability of important court decisions, which may rest on wholly erroneous assumptions about the contextual realities of social structure. A particular decision may rest upon a legally impeccable rationale; at the same time it may be rendered nugatory or self-defeating by contingencies imposed by aspects of social reality of which the lawmakers are themselves unaware.
The Disruption of Prison Administration: An Investigation of Alternative Theories of the Relationship Among Administrators, Reformers, and Involuntary Social Service Clients
Authors: Garson G. David
Published: June 2006

Interest in contemporary disruptions of human services administrations by involuntary clients, from welfare recipients to draft inductees, warrants an empirical investigation of prison rioting for two reasons. First, interest derives from a crisis of normal services involving such key foci of recent administative research as informal organizational behavior, the nature of professionalization of roles, and the ambiguities of clientelism. Second, the prison, while certainly not a microcosm of society, is a self-contained unit more amenable analysis than more diffuse social service milieus such as “the ghetto,” another prime locale of involuntary clientelism. The present exploratory study reviews alternative theories of the disruption of prison administration in the light of data collected on over a hundred inmate disturbances in the period from 1863-1970.
A Note Concerning Partisan Influences on Trial-Judge Decision Making
Authors: Walker Thomas G.
Published: June 2006

During the past decade students of the judicial process have devoted considerable resources to an examination of the influence of political party affiliation on judicial decision making. The consequences of this research are substantial due to the key position held by the political party variable in judicial “social background” theory and value questions will necessarily be raised if partisan membership is found to activate certain decisional propensities in a judge's behavior.

Research on the influence of party affiliation on judicial decision making, however, has not been distinguished by clear findings and has left us in a position from which we are unable to generalize to courts not yet studied. Early work on the political party variable concluded that its relationship with decision making did indeed exist. Schubert (1959: 129–142) and Ulmer (1962), in studying workmen's compensation decisions handed down by the Michigan Supreme Court, demonstrated the important role played by partisan politics on that particular tribunal.
The Reasonable Man Revisited: Some Problems in the Anthropology of Law
Authors: Epstein A. L.
Published: June 2006

“The reasonable man is recognized as the central figure in all developed systems of law, but his presence in simpler legal systems has not been noticed.” With this two-pronged assertion Max Gluckman (1955: 83) introduces a major theme of his analysis of the judicial process in Barotseland. The book in which he attempts this task has been widely and deservedly acclaimed, not only as a landmark in the study of primitive law, but also as an important contribution in the field of comparative jurisprudence. It has also been a work fruitful of controversy; in this paper I do not enter into the wider aspects of these controversies, but confine myself to discussion of the concept of the reasonable man. Gluckman's use of this idea is central to his description and analysis of the Lozi material, but it has had a rather mixed reception among anthropologists and lawyers alike. Thus Nadel (1956: 167), for example, while expressing certain reservations, approved on the whole and found the emphasis on reasonableness seemingly consistent with certain typical features of Lozi jurisdiction, but doubted whether this would help much in understanding practice in, say, Moslem courts. By contrast, Hoebel (1961: 437), in an otherwise favourable review, found himself unable to share Gluckman's hopes that the concept would find wide methodological use because “as an analytic concept the reasonable man is not an effective tool for the job.” Among lawyers and jurists the response was equally varied.
Conclusion: Disputes and Reported Cases
Authors: Cartwright Bliss
Published: June 2006

“… the judicial opinion is a human document and a fascinating record, there, for anybody's use. From the standpoint of behavioral study these are data in which so many factors are held equal as to outrun the results of an ordinary ten-or even hundred-thousand-dollar grant. All there. All waiting. Already gathered. Merely neglected,” (K. Llewellyn, 1960:514).

Reported opinions are a rich source of dispute data. Ideally they answer a wide variety of questions: who are the parties, what do they want, where have they gone for redress, how was the dispute processed, when was it resolved? Many of these questions can be answered with case data, but caution is required. Disputes leaves trails and traces in many places. Judicialopinions capture part of the story (namely, the official response to specified claims on a particular occasion), but they are spotty dissiers.
The Scope and Function of Intra-Circuit Judicial Communication: A Case Study of the Eighth Circuit
Authors: Carp Robert A.
Published: June 2006

During the past two decades students of public law have amassed a considerable amount of evidence which indicates that the administration of federal justice is not uniform throughout the United States. First, there are significant differences in judicial administration among the federal district courts. Kenneth Vines and others have demonstrated how important these differences can be with regard to race relations cases (Vines, 1963; Vines, 1964; Peltason, 1961; Steamer, 1962). In his study of the federal trial courts and urban affairs, Kenneth Dolbeare concluded that “many of Vine's findings with respect to race relations policy making have parallels in the area of urban public policy generally.” (Dolbeare, 1969: 376). Also, there is some evidence that sentencing behavior in criminal cases varies significantly from one federal trial judge to another.
A Sketch of the Development of the Legal Profession in India
Authors: Schmitthener Samuel W.
Published: June 2006

The legal profession as it exists in India today had its beginnings in the first years of British rule. The Hindu pandits, Muslim muftis and Portuguese lawyers who served under earlier regimes had little effect upon the system of law and legal practice that developed under British administration. At first, the prestige of the legal profession was very low. From this low state and disrepute the profession developed into the most highly respected and influential one in Indian society. The most talented Indians were attracted to the study and practice of law. The profession dominated the public life of the country and played a prominent role in the national struggle for freedom. “There was no movement in any sphere of public activity—educational, cultural, or humanitarian—in which the lawyers were not in the forefront.” However, after independence the relative prestige and public influence of the profession declined.
“Lawyers” in Classical Hindu Law
Authors: Rocher Ludo
Published: June 2006

There can be no doubt that parties to a lawsuit in ancient Hindu law had a right to be represented by other persons. The question arises whether or not the representatives referred to in the ancient texts correspond to the pleaders, advocates, vakils or attorneys of modern India. In other words, did ancient Hindu law have the kind of legal procedure in which the rights of the parties were safeguarded through the services of a class of experts, as is the case in present day India and in most other modern legal systems?

Looking at Hindu law as it became known to the West in the latter half of the 18th century, it did indeed seem as if the question was to be answered in the affirmative. Halhed's Code of Gentoo Laws (1777), translating the Vivadarnavasetu, did have a section (ch. III, § II) explicitly called “Of appointing a vakeel (or attorney).”
Clerks and Clients: Paraprofessional Roles and Cultural Identities in Indian Litigation
Authors: Morrison Charles
Published: June 2006

Accounts of the legal scene in Asia often refer in passing to the activities of a shadowy set of backstage characters encountered in the peripheries of the law. The assessment of the peripheral figures has varied. Only very recently have they received much direct attention from students of Asian social life and those concerned with planning social change. Earlier accounts came mostly from colonial administrators, law officers and occasionally from the local intelligensia (Morrison, 1972b: 327). These reports were invariably derogatory. They blamed these peripheral figures for a socially and economically destructive proliferation of litigation, and depicted them as swarming at the courts where for ill-gotten personal gain, they encouraged and facilitated lawsuits among the peasantry. But these figures were never described in much detail and their work seems rarely to have been observed at first hand. A variety of European terms were used to characterize them: “sea advocates,” “bush lawyers,” “touts,” and the like. Both lay and semi-official roles seemed to be included.
Influences of Social Organization on Dispute Processing
Authors: Felstiner William L.F.
Published: June 2006

Man is an ingenious social animal. Institutionalized responses to interpersonal conflict, for instance, stretch from song duels and witchcraft to moots and mediation to self-conscious therapy and hierarchical, professionalized courts. The dispute processing practices prevailing in any particular society are a product of its values, its psychological imperatives, its history and its economic, political and social organization. It is unlikely that any general theory encompassing all of these factors will be developed until there have been many piecemeal attempts to understand something of the influence of each.