bluuebunny/crossref_metadata_2025 huggingface dataset:
CITIZEN RATINGS OF THE POLICE: The Difference Contact Makes
Authors: DEAN DEBY
Published: January 2008

Recent surveys repeatedly indicate that the public holds favorable attitudes toward the police. This analysis suggests positive public evaluations of the police may be in part the result of citizen satisfaction with police actions in handling specific incidents. Citizen‐police contacts are found to be relatively common, and in the majority of these contacts, citizens are found to rate police actions favorably. Four types of citizen‐police contacts are analyzed: contacts resulting from victimizations, assistances provided by the police, stops initiated by police, and citizen calls to the police for information. Contact type alone is found to have relatively little influence on citizen evaluations of the police services provided to their neighborhoods. But citizen satisfaction with police handling of contacts has a stronger impact, which appears to vary with contact type.
THE SUPREME COURTS POST‐MIRANDA RULINGS: Impact on Local Prosecutors
Authors: GRUHL JOHN , SPOHN CASSIA
Published: January 2008

Beginning in 1971, the Burger Court issued a series of rulings which chipped away at the Miranda v. Arizona ruling. This article analyzes the impact of this series of rulings on prosecuting attorneys from countries with a population of 100,000 or more. The results indicate that prosecutors perceive that the Court has changed the degree with which police must comply with Miranda and that prosecutors approve of this, but that prosecutors are not more likely to prosecute in cases where police committed alleged violations than they had been before 1971. This seems due to the fact that prosecutors take their cues more from local courts, which reportedly requires strict compliance with Miranda, than from the Supreme Court.
DO LOWER COURTS ANTICIPATE CHANGES IN SUPREME COURT POLICIES?: A Few Empirical Notes
Authors: JOHNSON CHARLES A.
Published: January 2008

This paper takes advantage of the change from the Warren Supreme Court to the Burger Supreme Court to investigate a phenomenon not usually examined in judicial impact research—anticipatory reactions. The research question is whether and under what circumstances federal courts of appeals anticipate changes in policy by the Supreme Court. Changes in the citation of Warren Court civil liberties decisions from the Warren Court era to the early Burger Court era are used to evaluate this question. It is hypothesized that moves away from Warren Court decisions would be greatest for decisions which received minimal support on the Warren Court and for important or salient policies. Contrary to these expectations it was found that during the Burger Court era the number of citations of Warren Court decisions actually increased, the percentage of positive citations increased, and the increases were greatest for decisions receiving minimal voting support on the Warren Court and for decisions classified as important.
GOVERNING STANDARDS OF MEDICAL CARE: State Courts Interpret the Locality Rule
Authors: MAY MARLYNN L.
Published: January 2008

This article analyzes a significant, but little researched, form of legal involvement in the medical profession—state appellate court opinions. Analyzing 100 years of state appellate court decisions on a legal rule called the “locality rule,” the author presents four distinct judicial interpretations of the rule. Each has distinctive policy implications for law and medicine pertaining to the setting of standards for professional competency in medicine. Three of the judicial interpretations provide for increasing amounts of judicial deference to the professional autonomy of the medical community. A fourth interpretation within the last decade, however, upholds a judicial prerogative for establishing standards of professional competency. The author concludes that the fourth interpretation is not an aberration and signals a change in the relationship between law and medicine for the future.
THE FEDERAL RULES OF CIVIL PROCEDURE: A Policy Evaluation
Authors: HOLLAND KENNETH M.
Published: January 2008

The success rate of the Federal Rules of Civil Procedure is evaluated in the light of 42 years of experience under them and of alternative modes of adjucating civil disputes. The intentions of the rules' framers are explored as are hypotheses as to why they have been only partially successful. On the basis of this analysis, the author argues that adversary presentation and prosecution must be modified in the direction of a system of direct inquiry by the court and of active judicial management of disputes to settlement or trial.
JUDGING WITHOUT CONSENSUS: The Diplock Courts in Northern Ireland
Authors: CARLTON CHARLES
Published: January 2008

This article examines nonjury trials for political/terrorist offenses in Northern Ireland. It traces the origins of the current troubles; the breakdown of the jury system; the work of the royal commission, chaired by Lord Justice Diplock; and the establishment of courts, known as Diplock Courts, in which a single judge tries cases using modified rules of evidence and lowered standards for the admission of confessions. Finally, the article evaluates the work of the Diplock Courts, and suggests their wider relevance to future policy‐making. In doing so, it touches upon a fundamental role of governing through courts—the maintenance of the ability to govern, particularly in a society that has neither political nor judicial consensus.
THE “COOLING OUT” OF LAW STUDENTS: Facilitating Market Cooptation of Future Lawyers
Authors: FOSTER JAMES C.
Published: January 2008

This article is concerned with the ways the law school experience eases entry into a stratified market thereby further compromising adversariness in the American legal process. It identifies some dimensions of legal education, broadly construed, which tend to acclimatize some students to existing realities of the job market. Interpreting interview data gathered from first‐year students at the University of Wisconsin—Madison Law School, it suggests that socialization to a professional identity can resemble “cooling out” in the ways it reconciles some to accept any employment in lieu of seeking employment more in tune with their personal goals. Such acclimatization thwarts adversariness because, in accepting the dictates of a stratified market, these lawyers are channeled to serve some interests and people to the disadvantage of others.
THE ROLE CONCEPT IN JUDICIAL RESEARCH
Authors: GIBSON JAMES L.
Published: January 2008

This article addresses the state of research which uses role concepts to explain the process of making decisions in legal institutions. After identifying several important limitations of previous research, a new scale—measuring normative orientations toward discretion—is proposed. The results of administering this scale to samples of Iowa and California judges suggest that the measure is fairly reliable, and an argument is made in favor of its validity. The article concludes with some observations on the importance of measurement in research on the legal process.
EQUITY MEASUREMENT AND SCHOOL FINANCE LITIGATION
Authors: SHERMAN JOEL D.
Published: January 2008

This article examines issues in the presentation of factual evidence in school finance litigation. It focuses specifically on statistical measures of dispersion which have been included in Berne and Steifel's framework for analyzing distributional equity. It identifies the methodological issues that must be recognized when these measures are used in litigation, and the properties/characteristics of individual measures that may lead courts to different determinations about “equity” in school finance.
THE DISADVANTAGED BEFORE THE BURGER COURT
Authors: BINION GAYLE
Published: January 2008

Decisions of the Warren Court affecting the disadvantaged involved, almost exclusively, the constitutionally protected rights of indigent defendants and voters. In contrast, the Burger Court's decision‐making has included a significant volume of cases affecting the material interests of the poor. As the analysis herein demonstrates, support for the interests of the poor by the Burger Court has been negatively associated with the material quality of the interest at stake. The Court's decisions suggest a reluctance to subject governmental classifications inimical to the poor to consistent and appropriate scrutiny. An alternative scheme for assessing equal protection claims is therefore offered.
REVERSE DISCRIMINATION
Authors: BAER JUDITH A.
Published: January 2008

This paper examines the decisions on reverse racial discrimination made by the Supreme Court, concentrating on Regents of the University. California v. Bakke and Fullilove v. Klutznick. It discovers a distressing tendency on the part of some members of the Court to reason rigidly within categories established by earlier decisions, most notably the notion that “race is an inherently suspect classification”; i.e., any racial discrimination can survive only with “strict scrutiny.” The paper traces the development of this rule, arguing that it rests on choices in emphasis that were unnecessary and probably unfortunate. I then examine the history of the Equal Protection Clause of the Fourteenth Amendment, and suggest that a better reading is that it primarily condemns racial discrimination which is used to oppress and stigmatize particular groups. Finally, I suggest the replacement of the “suspect classification” rule with a bifurcated test which distinguishes between benign and invidious discrimination.
STREET‐LEVEL DISCRETION IN POLICING
Authors: SHARP ELAINE B.
Published: January 2008

This article examines the consequences of a clash between police officers' expectations of street‐level discretion and supervisors' constraints on such discretion. Two hypothesized consequences are examined: police officer alienation from the citizenry and police officer disaffection with the department. Both attitudinal data (from a survey of police officers) and behavioral data (from direct observation of police officers on patrol) are used. The data show some support for the hypothesis that disaffection with the department is a consequence of the discretion‐constraint clash, but no support of alienation from the citizenry as a consequence. Rather, the data suggest that officers back away from discretion in situations where the public is perceived to be hostile and where supervisors reinforce that perception by active monitoring of police‐citizen encounters.
TRIAL COURTS‘ RESPONSES TO SUPREME COURT POLICY CHANGES
Authors: STIDHAM RONALD , CARP ROBERT A.
Published: January 2008

This is an exploratory study focusing on the response of federal district courts to Supreme Court changes in three policy areas: economic regulation, civil liberties, and criminal justice. An analysis of federal district court opinions published in the Federal Supplement before and after the Supreme Court decisions announcing the policy changes indicated that opinion‐writing patterns of federal district judges changed in a manner consistent with the Supreme Court's new direction. Further study of the federal district courts' role in the policy process is recommended and suggestions for such research are made.
THE BOLDT DECISION
Authors: BRUUN RITA
Published: January 2008

In 1974 Federal District Judge H. Boldt mandated that 50% of the salmon resource of Washington State be allocated to Indian treaty tribes. His decision produced what has been characterized as “except for some desegregation cases … the most concerted official and private efforts to frustrate a decree of a federal court witnessed in this century.” This article argues that fishing rights litigation has played a significant role in defining and structuring the conflict over the salmon resource. An unanticipated or unavoidable “side effect” of the successful tribal litigation strategy is the restructuring of the conflict in a way that is likely ultimately to prove as detrimental as outright legal defeat. Focusing on the Indian fishing rights issue, the article also studies the use of litigation as a weapon for social change. The underlying assumption is that a legal order that denies impoverished and powerless constituents a meaningful avenue for social change is gravely flawed.
POLICY PREFERENCES OF JUSTICES AND PRESIDENTS
Authors: HECK EDWARD V. , SHULL STEVEN A.
Published: January 2008

Focusing on the issue of civil rights, this study examines the relationship between policy preferences of presidents and the votes of the Supreme Court justices they appointed. Through content analysis of presidential statements, relatively systematic measures of civil rights policy views for five recent presidents were obtained and compared with the voting records on civil rights of justices they appointed to the Supreme Court. The findings suggest that although a correspondence exists between presidential preferences and judicial votes, presidents have been only moderately successful in appointing justices whose votes reflect presidential preferences.
ANALYZING AGE DISCRIMINATION ACT CASES
Authors: SCHUSTER MICHAEL
Published: January 2008

This article discusses the application of content analysis to judicial decisions. A methodology is presented for analyzing Age Discrimination in Employment Act decisions in the federal courts. Frequency distributions are presented that demonstrate that most of the cases have been brought on behalf of white males in professional/managerial occupations. These cases arose when the employee was terminated and were successfully defended by employers.
MASS COMPLIANCE AND SOCIAL INTERACTION
Authors: KOHFELD C. W. , LIKENS THOMAS W.
Published: January 2008

When government policy decisions affect the general public, people may or may not comply. How and why compliance occurs is not well understood. Current research on compliance has several weaknesses: (1) it tends to focus on the behavior of public officials rather than on the general public; (2) it relies on static rather than dynamic models; and (3) it underestimates the impact of social groups on individual choices. The present analysis treats compliance as a dynamic process incorporating both social influence and individual calculation. We assume that primary groups (family, peers), social status, and a society's culture all play important roles in changing compliance over time.
THE AVAILABILITY OF LAW
Authors: SILBEY SUSAN S. , BITTNER EGON
Published: January 2008

This article explores the practical skills that agents in the Massachusetts Attorney General's Office of Consumer Protection develop to accomplish their mandated objectives. In the situational structure and processes of discretionary decision making, we find a persistent surplus of enforcement capacity. Although the consumer protection law establishes a variety of sanctions and legal procedures to be used in enforcing the statute, agents frequently invoke infractions of other laws in the course of resolving consumer complaints. They have this flexibility only because laws, in general, are imperfectly enforced. This leaves scope in a particular situation for the invocation of a wide variety of potential violations of, for example, safety and building codes, zoning or license rules, and tax laws, all remotely if at all related to consumer protection. This article demonstrates the skill with which consumer protection officials exercise this discretion and argues that an adequate conception of the role of law ought to take account of the different ways in which law enforcement agents draw from this reservoir of un‐enforced law.
INFORMATION COSTS AND LEGAL SERVICES
Authors: VINING AIDAN R.
Published: January 2008

Most of the current debate on the effective provision of legal services ignores the centrality of information costs. It is argued that conventional controls do not address this issue, especially where clients are infrequent users of legal services and the services required are nonroutine. In this segment of the market for legal services there is an “adverse selection” problem that will drive down the quality of legal services. Existing methods of ensuring quality legal services to this segment of the market are unlikely to be effective. It is suggested that only legal agents with incentives and opportunities to acquire information can mitigate the adverse selection problem. The English bifurcation of lawyers into barristers and solicitors partly performs such a function and provides a model for possible innovations in the North American context.
BARGAIN AND BLUFF: Compliance Strategy and Deterrence in the Enforcement of Regulation
Authors: HAWKINS KEITH
Published: January 2008

A strategy of compliance in which enforcement agents rely on negotiation is identified as a characteristic feature of water pollution control work. The strategy arises from the nature of the conduct and activities subject to regulation and from the need to maintain a continuing relationship with the regulated. In securing compliance regulatory agents shape their enforcement tactics by reference to assumptions held as to why polluters fail to comply. Bargaining is central to compliance strategy, but if a conciliatory approach fails, a more threatening posture will be taken in which a variety of mores, including bluffs about legal sanctions, may be employed. Law enforcement is treated as a matter of compliance as well as compulsion.
ADMINISTERING LABOR CONTRACTS USING TRANSACTION‐COSTS ECONOMICS
Authors: VOGEL KENNETH
Published: January 2008

Labor contracts are rules of governance between workers and employers over time. The efficiency of the transaction and the relationship can be affected by the provisions of the contract. It is argued that the characteristics of the firm and the workers determine what kinds of contracts and governance of the provisions of contracts are most efficient. Among other results, it is argued that collective bargaining, together with grievance procedures and arbitration, is the most efficient form of labor contracting and governance for large firms with skilled work forces.
CONGRESS AND CAPITAL PUNISHMENT: An Exercise in Symbolic Politics
Authors: STOLZ BARBARA ANN
Published: January 2008

Even when federal authorities were legally empowered to impose a death sentence, the sanction was rarely carried out. Between 1930 and 1976, there were only 33 such executions. During the past decade, bills, both imposing and abolishing capital punishment, have been introduced repeatedly in the U.S. Congress. Furthermore, certain members of Congress have demonstrated intense interest in such efforts. The continued debate and interest is better explained by the symbolic rather than tangible components of such legislation. This article examines four aspects of the symbolic component of federal death penalty legislation: reassurance function, moral‐educative function, model for the states, and the deterrence debate.
SOCIAL SCIENTISTS AS EXPERT WITNESSES: Their Use, Misuse, and Sometimes Abuse
Authors: EVANS SANDRA S. , SCOTT JOSEPH E.
Published: January 2008

Upon entering the legal realm, the expert witness must begin to define his or her role and establish a working relationship with the attorneys. The authors recommend that relationships between the social scientist and the attorneys be subject to clear and explicit agreements and that the role of the expert witness be defined so that the social scientist maintains control of any needed research. Potential expert witnesses should be aware of the unique research problems they may encounter and be prepared to deal with these obstacles. Throughout the research, the expert should be cognizant of the adversarial setting in which the results will be presented, and must carefully document and substantiate the research accordingly. Finally, the social scientist should be aware of the potential consequences of participating as an expert witness.
THE TRANSFORMATION OF TROUBLE: Police Certification and State Compensation of Sexual Assault Claims
Authors: HAGAN JOHN , STOCK CHRIS
Published: January 2008

This article is concerned with the transformation of private troubles into social and legal problems. It is argued that this transformation process involves a micro‐and macro‐politics of claims‐making. Data are presented on police certification and state compensation of sexual assault claims in a mid western state. The largest urban area in this state is distinguished by the collective claims‐making of antirape activists, and by the resulting presence of a sexual assault treatment center, which we expected would reduce the influence of racial characteristics on police certifications of innocence, while correspondingly increasing the influence of police certifications on the success of compensation claims. Our results confirm the above expectations. An implication of our findings is that black victims of intraracial sexual assaults are more likely to see their compensation claims succeed, and to see their troubles recognized as social and legal problems in those settings where macro‐level antirape efforts have been institutionalized in treatment and/or advocacy centers. More generally, our findings suggest that the transformation of private troubles into social and legal problems can be contingent on collective claims‐making in the context considered.
THE FACTUAL FOUNDATION FOR CERTAIN KEY ASSUMPTIONS OF GUN CONTROL
Authors: KLECK GARY , BORDUA DAVID J.
Published: January 2008

The case for legal restrictions on gun ownership and use as a strategy for reducing criminal violence relies on factual assumptions about the nature of gun ownership and violent behavior. Five of the most crucial ones are identified and subjected to a comparison with the available empirical evidence. All of the following assumptions were found to be substantially at variance with the evidence: (1) Guns are five times deadlier than the weapons most likely to be substituted for them in assaults in which guns are not available. (2) The sight of a gun can elicit aggression, due to the learned association between guns and violence. (3) If guns are made more expensive, more difficult to obtain, or legally risky to own, people will do without them. (4) Guns are useless for self‐defense or protection of one's family, home, or business, and have no deterrent effect on criminals. (5) Homicides are largely “crimes of passion” committed by otherwise law‐abiding citizens not distinguishable from other people. Therefore, control must be directed at all gun owners rather than select criminal subgroups.
REPRESENTING RESPONDENTS UNDER NEW CIVIL COMMITMENT STATUTES: An Analysis of Counsel's Role In and Out of the Courtroom
Authors: HIDAY VIRGINIA ALDIGE
Published: January 2008

Using quantifiable attorney behavior measures, instead of outcome measures, both before and during court hearings, this study attempts to evaluate legal representation under reform civil commitment procedures. Counsel representing involuntary commitment respondents full time were well prepared. Court appointed counsel, though better prepared than reported in studies done prior to reform, did not fully investigate their cases. Lack of adequate preparation was associated with a passive role and a non adversary position in court.
VALUE DILEMMAS IN LAW ENFORCEMENT: A Study of Administrative Decision Making in a Police Department
Authors: HUNT RAYMOND , MAGENAU JOHN
Published: January 2008

As agents of the state, the police work in dynamic, normatively ambiguous, and conflict‐laden political environments. In these settings, various local partisan interests try to influence the police organization. As a result, technological, socio‐cultural, and political forces may produce anomalous administrative decisions in police agencies. These forces are “stabilized” by the personal views of the decision makers. This article focuses on a specific case of administrative decision making that illuminates the uneven competition among different partisan actors who seek to influence police policies and practices.
The Social Control of Drinking‐Driving: An Ethnographic Study of Bar Settings
Authors: GUSFIELD JOSEPH R. , RASMUSSEN PAUL , KOTARBA JOSEPH A.
Published: January 2008

Rather than being considered merely an illegal act, the drinking‐driving phenomenon can be viewed as a form of social behavior, governed by a set of socially shared rules. This article reports a study which identifies these rules through observation of individuals participating in drinking‐driving behavior in four different settings: a close‐knit neighborhood bar, a neighborhood bar that draws on a larger population, a social club, and “a fairly fashionable watering hole.” The study indicates that the particular social and economic environment of the drinking establishment influences drinking‐driving behavior. The intimacy of the neighborhood bar allows the bartender to exert control over drinking and assist in finding alternatives to driving. As the practical possibilities for contact with the bartender are reduced, the ability for the drinking establishment to control drinking‐driving is lessened. Moreover, the economic reality in all bars—the need to sell drinks—takes precedence over controlling drinking‐ driving. Alternative countermeasures which take into account these social rules of drinking‐driving are suggested as preferable policy developments.
Teenage Drivers and Fatal Crash Responsibility
Authors: WILLIAMS ALLAN F. , KARPF RONALD S.
Published: January 2008

Data from national files on fatal crashes are analyzed to reveal that young drivers, especially sixteen and seventeen year olds, are more often responsible for fatal crashes than are older drivers. This is particularly the case for young males. Moreover, those killed in crashes for which teenagers are responsible are disproportionately people other than the teenaged drivers. A possible explanation for these facts lies in the “macho” culture of teenaged males. Potential countermeasures include those directed to limiting the driving exposure of teenagers as well as technological devices to moderate the injury‐producing forces in crashes.
LAW AND THE BEHAVIORAL SCIENCES: IS THERE ANY THERE THERE?
Authors: MACAULAY STEWART
Published: January 2008

Despite tremendous growth in the field, there have been many challenges to law and the behavioral sciences. The most colorful expression is Abel's charge that “questions and answers have begun to sound a comfortable, but rather boring ‘clackity‐clack.’” On one hand, the achievements of the field cannot be ignored by those who want to think about law seriously. On the other hand, all approaches to the field are flawed and are likely to remain that way. Help in solving the problems of the field might come from a thorough interdisciplinary approach, calling on the contributions of all social sciences while recognizing the limitations of each; knowledge of a minimum amount of law and legal method, but with full awareness of how legal thought may distort definitions of problems; and knowledge of the questions posed by broader social theories in light of an empirical refining of their large explanations.
Judges and Statutes: Essays on Agent Orange
Authors: LINDGREN JANETS.
Published: January 2008

Judges characteristically ignore or deny the choices they make when statutes surround or underlie a case. The statute based claims of veterans exposed to Agent Orange provide both an opportunity to unearth the questions that now determine outcome and to suggest what those questions should be. Asking the questions proposed, judges would determine the extent to which uncertainty and thus real choice cannot be reduced, evaluate the potential for interaction between court and legislature on the issue, and reach the underlying value choices that are unavoidably theirs and that determine outcome.
THE POLITICS OF PARTICIPATION AND NONPARTICIPATION IN DISPUTE PROCESSES
Authors: Harrington Christine B.
Published: January 2008

Although the access to justice movement has placed great emphasis on expanding participation in dispute processing through informal mechanisms, little theoretical or empirical research in the area has explored the relationship between the organization of dispute processing and legal participation. This article develops a framework for investigating that relationship by examining the ideological and organizational structure of participation and nonparticipation in a comparison between mediation and prosecution of minor criminal cases. The analysis suggests that the concept of participation associated with informal mechanisms has played a role in transforming the institutional legitimacy of dispute processing, yet patterns of participation in conventional dispute processes are reproduced in the neighborhood justice center.
Critical Legal Studies versus Critical Legal Theory: A Comment on Method
Authors: MUNGER FRANK , SERON CARROLL
Published: January 2008

Over the last decade the Conference on Critical Legal Studies (CCLS) has rekindled an important debate about the study of legal ideologies. The work by scholars within this movement is provocative because it demands that we take seriously the contradictory needs and ideological parameters of liberal legalism. The growing body of work associated with this movement has not, however, included a criticism of the ideological underpinnings of legal methods in general and doctrinal analysis in particular. We begin with the premise that scholarship must include a self‐critical method.

In Part I—The Political‐Economic Constraints of Liberal Legal Scholarship—we explore why questions of methods, i. e. of how one asks and answers questions, has not been a central issue within CCLS. In Part II—Reformulation of Method—we present a beginning toward a framework for developing a self‐critical method for understanding legal ideologies.
Neutralization and Tax Evasion: How Effective Would a Moral Appeal Be in Improving Compliance to Tax Laws?
Authors: THURMAN QUINT C. , JOHN CRAIG ST. , RIGGS LISA
Published: January 2008

The failure of individuals to pay their taxes in full is a serious budgetary problem for the federal government. Existing research (Schwartz and Orleans, 1967; Grasmick and Scott, 1982) suggests that efforts to increase the guilt feelings experienced for tax evasion might improve compliance. However, neutralization theory (Sykes and Matza, 1957) predicts that guilt feelings can be reduced by neutralization strategies which justify guilt‐producing behavior, compromising the inhibiting effect of guilt feelings. Our research shows that through the use of neutralization strategies which justify tax evasion the inhibiting effect of guilt feelings is sharply reduced. The implications of this finding for tax compliance programs based on appeals to the moral obligation of paying taxes are discussed.
Assaults Against Inspectors: The Dangers in Enforcing Corporate Crime
Authors: FRANK NANCY
Published: January 2008

This survey of regulatory inspectors reveals a surprising number of threats and assaults being made against inspectors in the course of enforcing regulatory provisions. Contrary to conventional images of regulatory enforcement, inspectors in some agencies face violent resistance from regulatory offenders that is similar to the violent resistance encountered by police officers. These findings provide support for the contention that regulatory enforcement and policing should be conceptualized as overlapping forms of law enforcement rather than as distinct governmental activities.
VOLUNTARY COMPLIANCE AND REGULATORY ENFORCEMENT
Authors: SCHOLZ JOHN T.
Published: January 2008

Enforcement strategies that encourage “voluntary compliance” can improve regulatory efficiency by reducing unnecessary enforcement and compliance costs associated with legal confrontation between firms and agencies. This article analyzes the enforcement dilemma that causes confrontation and describes a “Tit for Tat” strategy capable of increasing socially beneficial cooperation. The strategy requires agencies to be reasonable toward cooperative firms, vengeful toward cheaters, unrelenting in pursuit of chronic evaders, but conciliatory toward repentant firms. Reforms in this neglected and poorly understood part of the regulatory process could yield considerable social benefits.
MOBILIZING FRIENDS AND FOES IN ADMINISTRATIVE PROCEEDINGS
Authors: CARTWRIGHT BLISS C. , BOYER BARRY B.
Published: January 2008

A common justification for the use of trial‐type procedures in administrative agency decisionmaking is the assertion that such procedures will help legitimize decisions or increase their acceptability. Writers who take this position often assume that members of affected interest groups have fixed attitudes toward decisionmaking procedures, that such attitudes are highly salient, and that perceptions of procedural acceptability will not be greatly influenced by the social setting. This article reports on the results of a survey administered to witnesses in federal agency rulemaking proceedings which indicate that procedural attitudes have low salience, are mobilizable rather than fixed, and are strongly influenced by the activities of intermediary organizations such as trade associations and public interest groups. These findings imply particular strategies for designing and implementing regulatory procedures.
The Penetration of Social Science into Legal Culture
Authors: LEVINE MURRAY , HOWE BARBARA
Published: January 2008

Over the past 75 years, social science references in court decisions have changed from an anonymous footnote to an appendix to a brief (Mullerv.Oregon, 1908) to extensive discussion of social science methods and results to changing a rule of law based on social science propositions (Hoveyv.Superior Court, 1980). The acceptance of social science may be traced in state court decisions as well as in Supreme Court cases. The academic field of law has, since its entrance into the university, identified itself with the rhetoric, if not the model of science. Although earlier attempts to introduce social science into law were relatively unsuccessful, there is now a sufficient acceptance and a sufficient professional infrastructure to predict a growing influence of social science in law.
Aggressive Policing and the Deterrence of Crime
Authors: WHITAKER GORDON P. , PHILLIPS CHARLES DAVID , HAAS PETER J. , WORDEN ROBERT E.
Published: January 2008

Recent analyses of the relationship between crime and an aggressive patrol strategy have led to no single conclusion concerning the deterrent power of aggressive policing. This research adds to that debate by exploring the effects of a variety of aggressive patrol tactics on several different crimes. The empirical analysis, based on cross‐sectional data from sixty urban neighborhoods, indicates that there appears to be no stable complex of police actions that constitute an aggressive patrol strategy. However, one form of police action usually included under the rubric of aggressive patrol—suspicion stops—may indeed deter certain types of criminal activity.
Redundant Regulation: Sanctioning Broker‐Dealers
Authors: EWICK PATRICIA
Published: January 2008

Using data from the SEC Docket this paper examines Securities and Exchange Commission administrative actions involving broker‐dealer violations, focusing on disparities in the sanctioning of individual and organizational defendants. The analysis shows that the overall severity of sanctions received by individuals and organizations is similar, but the determinants of sanctions differ substantially. For individual violators, conventional measures of culpability figure prominently into the sanctioning decision. For organizations, operational viability is the principal determinant of sanction. This reliance upon measures of viability renders much of the SEC's control of organizations redundant: the most severe sanctions are reserved for firms that are already operationally or financially moribund. This pattern of regulatory redundancy is interpreted as an alternative accommodation to the difficulties of sanctioning organizations.
On Explaining the Development of ‘Emissions Trading’ in U.S. Air Pollution Regulation
Authors: MEIDINGER ERROL
Published: January 2008

Over the past decade the legal‐administrative framework of United States air pollution regulation has changed from one based almost entirely on “command control” mechanisms to one allowing considerable use of “transferrable pollution permits.” This article traces the process of that change, suggests why it may be a very significant one, and proposes a social explanation for it. Perhaps its most important explanatory proposition is that market mechanism regulation may reflect the formation and rise of a new “regulatory culture” likely to affect the form and substance of regulation more generally.
The Waning of Legality in the Concept of Policy Implementation
Authors: BLANKENBURG ERHARD
Published: January 2008

The study of “implementation” has become a favorite subject of policy sciences in recent years. In part, this interest has been stimulated by the disappointments of the “great society program” in the United States in the sixties where goals formulated at the program level very often were not implemented. In the context of European constitutional thinking, the topic gains an ideological‐critical emphasis. For those who believe in the reality of normative theories of separation of powers, it comes as a surprise that though political goals may be determined at the policy‐formulation level, it is at the implementation stage where decisionmakers have a full range of possibilities to fulfill or to displace such goals. Concepts similar to “policy” and “implementation” (which are untranslatable in German legal language) have nevertheless been implicit in theories claiming a tendency to replace “conditional,” compliance‐oriented laws with goal‐oriented legislation. To the degree that executive agencies become less strictly bound by precise legal rules and more by goal‐oriented policy programs, they seem to lose legal legitimacy. This has to be replaced by increasing responsiveness at the implementation phase, which can be enhanced institutionally through participation, or what we might call the “democratic legitimacy of implementation.”
Limiting Liability for Automobile Accidents: Are No‐Fault Tort Thresholds Effective?
Authors: HAMMITT JAMES K. , ROLPH JOHN E.
Published: January 2008

“No‐fault” automobile insurance plans are designed to supplant the tort system by requiring motorists to purchase no‐fault insurance and allowing victims to file liability insurance claims and tort suits only if their injuries exceed a legislated “tort threshold.” While thresholds vary among states, many are satisfied if the victim incurs medical expenses as low as a few hundred dollars. Using insurance claims data, we estimate the effectiveness of several states' thresholds. We find that tort thresholds are surprisingly effective: modest tort thresholds reduce the number of successful tort claimants by half, and the strictest thresholds may exclude nine‐tenths of potential claimants. Moreover, we find little evidence of claimants “padding” their claims to exceed the dollar thresholds.
Alternative Models of Policy Compliance by Unions With Civil Rights Legislation
Authors: HOYMAN M.
Published: January 2008

The author looks at the process of compliance which local unions follow in response to Title VII of the Civil Rights Act of 1964, analyzing local unions as organizations. Three models of compliance are presented: the voluntary model in which compliance is initiated and sustained through a voluntary and local process, the bureaucratic model in which compliance is initiated through the international union's program and sustained through the mechanisms of the bureaucracy of the international union, and the legal model in which the local union complies as a direct result of a change in the law. The results are that none of these models fit exactly. The greatest amount of compliant activity occurs when the process is quasi‐bureaucratic, that is, when it begins as a voluntary process, but relies on bureaucratic mechanisms for completion. The author finds two other factors which are associated in a strong and positive way with the amount of local union compliance: a great objective need for change and a great amount of controversy. The study is based on in‐depth interviews with forty‐seven local union leaders and on twenty interviews with international union leaders in eleven local unions.
The Dilemmas of Legal Mobilization: Ideologies and Strategies of Mental Patient Liberation Groups
Authors: MILNER NEAL
Published: January 2008

The decision to participate in the legal process depends in part upon the ideologies of the potential participants. The ideology that has dominated the rights movement during the past two decades is what Stuart Scheingold describes as the myth of rights. But participation in litigation, including rights evolution litigation, has also been colored by other and sometimes conflicting ideologies. Thus the mobilization of legal resources can be seen as the ways participants in litigation cope with multiple ideologies.

This paper looks at the mental patient liberation movement in this way. That movement has been very much affected by a myth of rights ideology, as well as by a liberation ideology that is quite contradictory to the tenets of the myth of rights. The paper documents these ideologies, looks at the way the movement has tried to reconcile them, and shows how this problematic reconciliation affects the nature of mental health rights litigation.
Compensating Victims for Harms Caused by Pollution and Other Hazardous Substances: A Comparison of American and Japanese Policies
Authors: MARCUS ALFRED A.
Published: January 2008

This paper reviews recent American proposals to reform the system for compensating victims of pollution and compares them with the Japanese approach. American proposals fall into three categories: balanced approaches that combine administrative relief with tort reform; proposals that would provide administrative relief but eliminate tort remedies; and proposals to reform tort law which have nothing to say about administrative relief. While American policy‐makers are still groping for a solution, in Japan tort law changes provided the rationale for a system of administrative relief that preserves the victims' right to sue. While the Japanese approach is not perfect, the early development of a policy reduced legal and political uncertainties and provided a stable environment for economic growth.
The Role of Special Master in Institutional Reform Litigation: A Case Study
Authors: LEVINE MURRAY
Published: January 2008

Wuori v Zitnay (1975), an institutional reform case, came to a successful resolution within a relatively few years. This case study describes the change process from the perspective of the special master and reports on devices used to sustain the changes after the court relinquished active supervision. The case study describes the functioning of masters in other cases to show the comparability of the processes. The special master undertakes change agent activities which are not in keeping with the model of a quasi‐judicial role. The master preserves the court's legitimacy by providing a buffer which allows the court to maintain a neutral stance when implementation problems are brought to its attention.
The Juvenile Justice and Delinquency Prevention Act: Federal Leadership in State Reform
Authors: RALEY GORDON A. , DEAN JOHN E.
Published: January 2008

The policies advanced by the Juvenile Justice and Delinquency Prevention Act, while generally viewed as a success, are seen by some as a failure that may even abet juveniles in the commission of crime. After tracing the evolution of federal juvenile justice legislation and examining arrest and treatment data, the authors confront the criticisms aimed at the Act, and find reason for considerable optimism. Nationwide, the number, proportion, and rate of juvenile arrests have fallen more than the juvenile population, and many states appear to have made substantial progress in improving the processing and treatment of juveniles. The authors conclude that the Act is a continuing source of federal leadership for state innovation.
Reforming Justice by Geography; Organizational Responses to the Problem of Juvenile Crime
Authors: GHEZZI SUSAN GUARINO , KIMBALL LEE
Published: January 2008

Growing public sentiment over the problem of juvenile crime has resulted in an administrative focus on “toughening” and rationalizing the sanctions for serious offenders. Our analysis of ten states examines two measures of organizational power, discretion and jurisdiction, to specify the changing mandate of juvenile justice. A typology of reorganization strategies is developed which consists of three “policy change” categories—regulation, negotiation, and displacement. Our findings have implications for defining the recent reforms in juvenile justice, distinguishing patterns within seemingly random geographical variation, and anticipating further directions in the control of serious youthful offenders.
Administrative License Revocation in New Mexico: An Evaluation
Authors: ROSS H. LAURENCE
Published: January 2008

Swiftness of punishment for drivers impaired by alcohol is likely to be increased objectively by administrative license revocation laws. These laws provide that a driver who fails or refuses a breath‐alcohol test has his license confiscated on the spot by police, with formal loss of driving privileges following shortly thereafter. This study of New Mexico law looks for evidence of a deterrent impact of administrative license revocation. Interrupted time‐series analysis finds a permanent drop in the proportion of driver and pedestrian fatalities involving the presence of alcohol precisely at the time that the law went into effect. However, lack of publicity for the law and the existence of a complex procedure, unpopular with many police, appear to have diminished the law's effectiveness.
Towards a Political Economy of Reform, Regulation and Corporate Crime
Authors: SNIDER LAUREEN
Published: January 2008

This paper focuses on the passage and enforcement of laws regulating the corporate sector, specifying patterns which seem to emerge from this literature in the major English speaking democracies.

The creation of regulatory laws, the typical resistance by the industry and the state, and the crucial role of crises in the successful passage of laws are examined first. The patterns which law enforcement follows, and the key role of the regulatory agency in shaping these, are delineated next. The theoretical implications of these empirically based generalizations are then set out.

The author argues that neither the pluralist nor the mainstream Marxist analyses adequately explain the very real progress that has occurred over the past 400 years in containing corporate crime, because it has happened largely in spite of rather than because of laws and regulatory activity. Real reform resulted because ongoing struggles forged a change at the ideological level, and this in turn led to improvements at the level of production. By raising the price of legitimacy for corporations in a particular nation‐state, prolaterian groups and their allies can create the conditions for change. Law and regulatory agencies have been of secondary importance, it is argued, in the struggle to restrain the predatory behavior of the corporate sector.
A Communication Model of Taxpayer Honesty
Authors: MASON ROBERT
Published: January 2008

Sample surveys report that admitted tax evasion remains widespread and shows no sign of declining. An analysis of communication effects among Oregon adults suggests divergent, not convergent patterns among the users of mass media and personal information channels. Mass media exposure is strongly related to fear of getting caught and is directly related to taxpayer honesty. Personal discussion, however, is associated with low fear perceptions and is unrelated to compliance. Low fears are related to taxpayer dishonesty. No relationship is reported between mass media use and interpersonal discussion. Personal discussion does not appear to reinforce media messages as one would expect in a convergent communication model. Communication strategies for fostering compliance are discussed.