bluuebunny/crossref_metadata_2025_split huggingface dataset:
Comparative Federalism and the Role of the Judiciary
Authors: Halberstam Daniel 
Published: September 2009

Abstract
The distinctive feature of federalism is to locate the central and constituent governments' respective claims of organizational autonomy and jurisdictional authority within a set of privileged legal norms that are beyond the arena of daily politics. For the most part, the debate about the role of the judiciary as federal umpire has taken place within two separate disciplinary compartments: comparative politics and law. Building on recent efforts to bring these two disciplines closer, this article provides a fresh look at three common criticisms of granting the central judiciary power to protect federalism. It argues that political safeguards of federalism are insufficient, that concerns about judicial bias are overstated, and that the particular limitations on the judiciary's ability to implement the principles of substantive subsidiarity, instrumental subsidiarity, and integration should inform judicial doctrine more systematically than they currently do.
The European Court and Legal Integration: An Exceptional Story or Harbinger of the Future?
Authors: Alter Karen J. 
Published: September 2009

Abstract
The European Court of Justice (ECJ) was established as part of the European Coal and Steel Community in 1950, and later adapted as part of the 1957 Treaty of Rome. The most important design feature of the ECJ proved to be the “preliminary ruling mechanism,” intended to provide national courts with technical support in interpreting complex European law. In practice, preliminary ruling references provided a means for the ECJ to insert itself into national debates regarding the relationship of European law to national law, and to harness national courts as enforcers of ECJ decisions. This article explores the ECJ's role in European integration and locates its remarkable experience in the larger context of international courts and international law. It also discusses comparative politics and the role of the ECJ as an interlocutor.
Constitutional Law and American Politics
Authors: Graber Mark A. 
Published: September 2009

Abstract
Public law scholars whose scholarship focuses primarily on the public conflicts between constitutional authorities fail to appreciate how constitutional law influences politics and judicial decision making in the United States. Legal norms better explain how constitutional controversies are structured than how they are resolved. Basic principles of constitutional law help secure legal agreement in the face of political disagreement. When political disagreements are resolved into legal disagreements, basic principles of constitutional law alter the terrain on which those conflicts are fought. This article examines how and why constitutional law influences both judicial and public decision making. It discusses the tendency for political scientists to first claim that constitutional law is no different to other forms of policy-making, observes how those claims are almost always qualified in practice, and points to problems with the standard qualifications. The article then considers policy and law in constitutional decision making.
The Legal Structure of Democracy
Authors: Pildes Richard H. 
Published: September 2009

AbstractAt both the macro and micro levels, law and political science have become increasingly intertwined in understanding the causes and effects of democratic institutions and processes. Recent years have spawned greater attention to the way in which the “nature” of democracy in different states, including the United States, is shaped by the specific ways in which the institutional and legal framework of democracy is designed. The focus of promising academic research ranges from the broadest issues of how different forms of power sharing among groups in deeply divided societies affect the stability, acceptance, and performance of democracies, to much less visible issues that nonetheless have considerable influence on the nature of democratic politics, such as how election districts are designed, how political parties choose their candidates, how elections are administered, and how election disputes are resolved. These issues are examined in the present article, along with gerrymandering and campaign finance.
Formalism: Legal, Constitutional, Judicial
Authors: Schauer Frederick 
Published: September 2009

Abstract
Formalism is a style of adjudication and an approach to constitutional interpretation that is often caricatured but rarely described, let alone defended. For years, the most common target for accusations of formalism has been the Supreme Court's 1905 decision in Lochner v. New York, and a close look at this case may help us to understand formalism at its worst. It may be that the epithetical use of the word “formalism” is much more about candor and deception and facing up to judicial choice and legal variability and indeterminacy than it is about adherence to prescribed forms. When the expected consequences of the errors of mistakenly disabling wise decision makers from reaching wise decisions, in constitutional law and elsewhere, are greater than the expected errors of mistakenly enabling unwise decision makers from reaching unwise decisions, then many of the arguments for a formal approach to adjudication and judicial decision making will and should be unavailing.
Feminist Theory and the Law
Authors: Baer Judith A. 
Published: September 2009

Abstract
American feminists have identified law as an instrument of male supremacy since their first national gathering at Seneca Falls, New York in 1848. Critiques of law thus became an important part of the early feminist movement, which succeeded in eradicating the most blatant examples of legal sexism. The successes of the contemporary feminist movement might not have happened without one of those early successes: the opening of higher education to women. Contemporary feminism has had a profound and lasting impact on intellectual discourse. Many young scholars focused on gender in their research, pursuing the feminist goal “to question everything.” These scholars and their successors continue to realize the revolutionary potential of feminist thought. “Feminist jurisprudence,” as it came to be called, is law's equivalent of feminist history, feminist psychology, feminist philosophy, and their counterparts. Feminist jurisprudence has borrowed freely and fruitfully from these cognate disciplines. This article examines the premise and presence of male bias, feminist jurisprudence and gendered reality, and feminist legal reasoning.
Relations among Courts
Authors: Haire Susan B. 
Published: September 2009

Abstract
The interactions between judges of different courts are frequently complex, as illustrated in the case of U.S. v. Sawyer. Over the last several decades, a substantial line of scholarly inquiry has been devoted to evaluating the dynamics that characterize intercourt relations. Early scholarship offered rich descriptive accounts of lower-court reaction to controversial Supreme Court decisions in criminal procedure, equal protection, and civil liberties. The organization of judicial power in the United States is frequently conceptualized as a pyramidal structure with the Supreme Court standing at the apex on questions of federal law, including the interpretation of the Constitution. From this perspective, the Supreme Court establishes doctrine by deciding cases, which in turn guide lower courts in disputes involving similar fact patterns. Despite widespread compliance with Supreme Court doctrine, there is no clear scholarly consensus on the causal mechanisms underlying lower-court compliance.
Law and Regulation
Authors: Rose-Ackerman Susan 
Published: September 2009

Abstract
In the United States, federal courts have been extraordinarily important in constraining and monitoring the development of the modern regulatory state. The existing literature helps one to understand why delegation accompanied by judicial review takes place and how the interests of political, bureaucratic, and judicial actors interact with institutional structures. This article explores law and regulation from the contrasting viewpoints of public policy analysis and rational choice political economy. It begins with an introduction to the economic case for regulation of economic activity and moves next to research on the political economy of regulatory policy. The article then discusses the regulatory process in the United States, along with public participation in other legal systems and how a background norm of cost/benefit analysis could be used by courts as a way to evaluate the quality of regulatory decision making. Finally, it considers rule making in a democracy, focusing on technocracy and public accountability.
Law as an Instrument of Social Reform
Authors: Epp Charles R. 
Published: September 2009

Abstract
This article examines why groups seeking social reform in the United States (and elsewhere) commonly have resorted to litigation, and whether (and how) court-made law is an instrument of social reform. First, what is “law” and what is “social reform?” These definitions take on significance in light of the ongoing debate over judicial role and capacity generated first by the Supreme Court's social-policy interventions under the leadership of Chief Justice Earl Warren in the 1950s and 1960s, and, more recently, by the growing role of courts virtually worldwide and its close link with civil rights and civil liberties litigation. In this context, when scholars have examined whether “law” may be used as a tool of “social reform,” they generally have meant whether judge-made law, particularly in cases brought by social movement litigators, improves the conditions of the disadvantaged groups targeted by such litigation, particularly racial minorities, women, inmates, and people living in poverty.
Law and Society
Authors: Mather Lynn 
Published: September 2009

AbstractThe study of law and society rests on the belief that legal rules and decisions must be understood in context. Law is not autonomous, standing outside of the social world, but is deeply embedded within society. While political scientists recognize the fundamentally political nature of law, the law and society perspective takes this assumption several steps further by pointing to ways in which law is socially and historically constructed, how law both reflects and impacts culture, and how inequalities are reinforced through differential access to, and competence with, legal procedures and institutions. This article discusses the key characteristics of a law and society perspective, some of the major research contributions of this field, and recent developments in law and society that hold particular promise for scholars of law and politics today. In particular, it examines three broad areas of law and society scholarship: disputing, decision making, and legal ideology and consciousness.
Psychology and the Law
Authors: Tyler Tom R. 
Published: September 2009

Abstract
The range of issues that can fall within the overall intersection of law and psychology is broad. Whenever the development of law and/or the functioning of legal institutions has a psychological component, research is relevant. In some cases, the development of the law itself is based upon psychology. Social psychology emphasizes that self-regulatory motivations can also be activated if people believe that they have an obligation to conform to the law. This article examines the implications of basic social psychological research for understanding human motivation in general and the specific types of motivation that lead people to obey the law and comply with legal authorities. In particular, it discusses the deterrence model, problems with the deterrence model, commitment based on legitimacy and moral values, value-based perspectives on motivation, and procedural fairness as the basis of legitimacy.
Law and Politics: The Problem of Boundaries
Authors: Shapiro Martin 
Published: September 2009

Abstract
Law and politics is one of the many “law and...” movements that have arisen in recent years, the most notable of which, of course, is law and economics. If we accept the vision of law and politics as a movement of political scientists who use their knowledge of the discipline of law to improve their scholarly performance as political scientists, we lunge into the definitional vagaries and boundary uncertainties of the subfields of political science. It would be most convenient to view law and politics as involving two overlapping but not coterminous specializations; one, law and politics, that, growing out of the historical concern of political scientists with public law, brings an expertise in law to the political science study of highly legally constrained government behavior; the other, law and courts, which consciously throws off the public law boundaries to study all of the behavior of courts.
Job Control and Reward
Authors: Siegrist Johannes 
Published: September 2009

Abstract
The strong interactions between organizational characteristics, employees' performance, and their well-being are generally recognized. Scientific evidence can contribute to this process of strengthening organizational well-being and its impact on the performance and health of employees. In this article, the focus is put on those particular features of organizations that have direct and long-lasting effects on the health of employees. As far as these features are amenable to organizational change, they point to additional challenges of intervention and organizational development. This article discusses health conditions that are associated with more widely prevalent organizational features. There is now growing recognition that the importance of work for health goes beyond traditional occupational diseases and that it is likely that work makes a greater contribution to ill-health not thought of as “occupational.” Therefore, psychosocial organizational characteristics that are relevant for health define the focus of this article.
Positive Emotions, Attitudes, and Health
Authors: Quick James Campbell , Little Laura M. , Nelson Debra L. 
Published: September 2009

Abstract
The central focus of this article is the cultivation of the emotionally healthy workplace. It discusses the importance of systemic integration, initially within the individual, in order to achieve positive, healthy outcomes. It addresses the importance and impact of emotional intelligence or emotional competence. It also examines the range of human emotions, from the very positive to the very negative. With the focus on the positive, this article turns to the interaction between the individual and the organization via examination of psychological contracts and attitudes in the workplace. From these foundations, this article explores the notions of motivated, engaged, and focused. This is achieved in the context of a safe, secured, and sacred place of work for the individual. This article briefly explores the meaning of work and the importance of positive, strength-based approaches to leadership in organizations.
Technology and Health
Authors: Coovert Michael D. , Walvoord Ashley A. G. , Stilson Frederick R. B. , Prewett Matthew S. 
Published: September 2009

Abstract
This article reviews the link between technology and health. It begins with a brief discussion of workplace health issues brought about through technologically induced strains such as musculoskeletal disorders, carpal tunnel, and psychological stress. It covers recent advances in keyboard design along with other novel approaches to limiting the associated strains on the body. It also covers worker's expectations and remote environments, identifying how these may lead to decrements in physical and mental health. Some health concerns occur in many workers, others are specific to teleworkers. This article moves on to computer-mediated collaboration and considers issues specific to work teams that coordinate efforts through technology. Furthermore, it introduces some newer developments in the technology arena. The list is by no means exhaustive, but rather, involve technologies that will either become more prevalent or carry the greatest implications for further changing the nature of work.
Mediators and Moderators of Organizational Interventions to Prevent Occupational Stress
Authors: Biron Caroline , Cooper Cary L. , Bond Frank W. 
Published: September 2009

AbstractThis article reviews the effectiveness of organizational interventions to prevent organizational stress. It especially focuses on identifying possible moderators and mechanisms involved in work-/organization-directed stress initiatives. It begins by presenting systematic reviews, which are supposed to allow determining the overall impacts of interventions by considering all relevant studies. Then, it presents the gaps in the literature in this field in order to understand why reviews produce inconsistent conclusions. It then proposes a model illustrating moderators and mediators of stress interventions. This model includes a number of contextual issues as well as interventions' and stakeholders' characteristics for each stage of the risk management cycle. This article argues that by measuring and considering at least some of these variables, a better understanding of why interventions produce (or not) certain outcomes could be achieved and more consistency could be found in studies evaluating the impact of organizational interventions.
Creating a Healthy Work Environment through Sustainable Practices: Future Challenges
Authors: Bichard Erik 
Published: September 2009

Abstract
The concept of sustainability, and sustainable development, is based on the premiss that human society is able to find a way to fulfil its aspirations without undermining the environmental context that supports all life on the planet, or by exploiting people. The evidence currently available shows that it is very difficult to draw cause-and-effect conclusions between companies that have effective sustainability strategies, and the health of their workforce. There are some other factors which make it difficult to conclude that there has been an influence on the health of their workforce solely because of the motivational influence of environmental and social performance. Finally, much more work needs to be done before a firm line can be drawn between health and the sustainable workplace. If this can be achieved, then it will be one more piece of evidence that compels all organizations to invest in a sustainable future.
A Disabling Discipline?
Authors: Darby Phillip 
Published: September 2009

Abstract
The concept of international relations now straddles the globe and provides a common language with which to analyze world politics. In recent years, it has expanded its purview, bringing in new fields of study ranging from culture to ecology. However, for some years, there has been anxiety about the discipline's explanatory capacity, which came into question with the loss of meaning that accompanied the end of the cold war and the failure to predict the collapse of Communism in the Soviet Union. Of late, attention has been directed to the disorder and the violence that has erupted within and between the successor states of empire. It is the contention of a growing number of scholars at the margins of international relations that processes on the ground in these societies challenge Western imagery of a world being set right by the workings of the market, the promotion of democratization, and the commitment to development. This article focuses on the discipline's failure over most of its history to engage with the non-European world except as an appendage to the body of thought developed in relation to the First World. It goes on to ask how far this situation is changing and whether international relations is now set to engage in a process of decolonizing its thinking. It concludes with some more general remarks about the discipline's knowledge procedures, which inhibit the development of alternative political agendas.
The New Liberalism
Authors: Moravcsik Andrew 
Published: September 2009

AbstractThis article presents three core theoretical assumptions underlying liberal theories, elaborates the three variants of liberal theory, and draws some broader implications. Liberal international relations theory's fundamental premise — state preferences derived from the domestic and transnational social pressures critically influence state behaviour — can be restated in terms of three core assumptions: the nature of societal actors: globalization generates differentiated demands from societal individuals and groups with regard to international affairs; the nature of the state: states represent the demands of a subset of domestic individuals and social groups, on the basis of whose interests they define ‘state preferences’ and act instrumentally to manage globalization; the nature of the international system: the pattern of interdependence among state preferences shapes state behaviour. Perhaps the most important advantage of liberal theory lies in its capacity to serve as the theoretical foundation for a shared multicausal model of instrumental state behaviour — thereby moving the discipline beyond paradigmatic warfare among unicausal claims.
The English School
Authors: Dunne Tim 
Published: September 2009

Abstract
International relations is no longer an American social science: the subject is taught in universities in dozens of countries and is becoming a global discipline. The English School of international relations is the oldest and arguably the most significant rival to the American mainstream. The English School purports to offer an account of international relations that combines theory and history, morality and power, agency and structure. One obvious consequence of this level of theoretical ambition is that the boundaries of the English School often appear to be unclear, which in part explains the ongoing debate about who belongs in the School and how it differs from other theoretical accounts of world politics. To shed light on these questions, Section 1 of this article considers in more depth the contextual emergence of the English School, and in particular its determination to develop an original account of interstate order. Section 2 takes its central claim — that the practice of states is shaped by international norms, regulated by international institutions, and guided by moral purposes — and explores this in relation to the countervailing forces of the states system and world society. In Section 3 the focus shifts away from debates inside the English School and toward a wider reflection on its place within international relations as a whole. It is argued that while the English School has a great deal to learn from constructivism, it should maintain its distinctive voice primarily because it has greater synthetic potential and is more openly committed to certain ethical standpoints.
Constructivism
Authors: Hurd Ian 
Published: September 2009

Abstract
This article examines the features that distinguish constructivism from other approaches to international relations and then looks at some controversies within constructivist scholarship today and between constructivists and others. The rise of the constructivist approach has encouraged new strands of empirical and philosophical research in international relations, and has led to interesting end problems at the boundary between constructivism and other approaches. Two strands of research, on the relations between strategic behaviour and international norms and between rationalism and constructivism, serve as examples of promising research in constructivist international relations theory.