State Attorneys General As Interpreters of State Constitutions

The traditional duties of state attorneys general are to providelegal advice and representation for state officials. The exerciseof those duties afford attorneys general numerous opportunitiesto interpret state constitutions. Opinion writing is the mostvisible way in which attorneys general interpret state constitutionsand implement state appellate court decisions on constitutionalissues. While opinions are not binding on state courts, theyare regularly sought and almost always followed by state officials.Requests for opinions on state constitutional issues are mostlikely to pertain to the internal workings of state government.Not as visible, but just as important is the role attorneysgeneral play in litigating constitutional questions. In carryingout their traditional responsibilities to represent state officialsand their more recently articulated duty to defend the publicinterest, attorneys general are the most prolific litigatorsin state appellate courts.     

Sorting out the Seeking: The Economics of Individual Motivations

Various models of individual motivations are confronted with evidence from different kinds of laboratory experiments. The motivations distinguished are categorized as selfish, other regarding, or cooperative. The experimental evidence shows that the traditional, selfish model is too limited, but that the alternative models that have been suggested each have shortcomings of their own.     

State Attorneys General, Entrepreneurship, and Consumer Protection in the New Federalism

Although many scholars have acknowledged the important roleof states in regulatory enforcement, few have studied the decisionsof the state attorneys general to pursue particular multi-statelitigation actions. State attorneys general act as politicalentrepreneurs because they aggressively seek out market failuresin society to justify stronger regulation. Their motivationto serve the public comes from the fact that they are electedin 43 states and the office is often used as a springboard intohigher political office. A probit model analyzing the decisionto join seven high-profile multi-state enforcement actions thatlook place between 1996 and 1998 reveals that state citizenideology and the institutional structure of the office havethe strongest effects on the decision to join a case.     

Cooperative education and training at the grassroots in Nigeria

Faced with evidence of an appallingly low standard of living which the vast majority of men and women in Nigeria have despite two decades of development and cooperative movements, the Federal and State Governments now attempt to ensure that the real target of development are the human beings who will remain central to all redefinitions and to all revised strategies. This study proposes a theoretical framework for cooperative education and training programmes in the rural areas of Nigeria in order to raise the level of understanding and performance of cooperative members. The approach is primarily an amalgam of the general process model of organization systems and McGrath's problem - based/problem - solving systems. Application of the approach subsequently suggests a method of scientific inquiry which this paper conceives as the Cooperative Education Working Model. To be most effective, Nigerian cooperators must regard cooperative education and training as a vital benefit which their membership provides for them.     

The grammar of credibility assessment: A functional analysis of two legal questioning styles

Analysis of the rhetoric of attorney questioning has typically focused on the manipulative nature of questions and on the various mechanisms used by attorneys to influence the answers of witnesses. The analysis undertaken here investigates the notion that attorneys’ questions themselves create a representation of reality that constitutes a soty of meta‐testimony: a case within a case. This representation, operating independently of the answers given by witnesses, functions as a type of commentary on the credibility of the witness and the accuracy of prtrayals of events. The analysis suggests implications with regard to the role of attorneys and the process of a jury's assessment of evidence. The data under analysis is the examination questions asked during the sworn testimony of Andrea Wright, a witness in the Anita Hill/ Clarence Thomas hearings. A comparative analysis of questioning styles is undertaken with respect to process association, speech representation, and discourse label modification.     

Understanding the historical turn in the policy sciences: A critique of stochastic, narrative, path dependency and process-sequencing models of policy-making over time

This article evaluates four general models of historical change processes which have emerged in various fields in the social sciences – namely stochastic, historical narrative, path dependency and process sequencing – and their application to the study of public policy-making. The article sets out and assesses the merits and evidence for each, both in general social research and in the policy sciences. The article suggests that more work needs to be done examining the assumptions and presuppositions of each model before it can be concluded that any represents the general case in policy processes. However, since neither the irreversible linear reality assumed by narrative models, nor the random and chaotic world assumed by stochastic models, nor the contingent turning points and irreversible trajectories required of the path dependency model are found very often in policy-making, these models are likely to remain less significant than process-sequencing models in describing the overall general pattern of policy dynamics.     

On the uses of econometric models: A guide for policy makers

This paper reviews the evidence on ex ante and ex post forecasting with econometric models, considering in particular the role of human judgment in improving forecast accuracy. The importance of human judgment in econometric forecasting and the general superiority of ex ante over ex post forecasts provide evidence of model misspecification, which casts doubt on the validity of econometric policy simulations. An inadequate basis for selection among alternative models with differing policy implications undermines further the utility of these models in policy analysis and in testing hypotheses. Despite this record of performance macroeconometric models thrive and are widely used in policy analysis. Some reasons for their survival and importance in policy are suggested, and guidelines for the use of econometric models in the policy process are given.     

The Church Committee and a new era of intelligence oversight

Thirty years ago, the Church Committee completed what was and still is the most exhaustive look at any government's secret intelligence agencies. The Committee showed that in times of crisis, even constitutional democracies are likely to violate their laws and forget their values. In this reflection, the Committee's Chief Counsel states that by examining the full record over time, the Committee found that it was insufficient to blame abuses solely on intelligence agencies. Ultimate responsibility was properly fixed with the presidents, attorneys general, and other high executive branch officials. Seven general lessons, including the danger of excess secrecy, are drawn from his experience. These lessons are valuable for the present struggle with terrorism.     

Wealth, Power, and Attorney Regulation in the U.S. States: License Entry and Maintenance Requirements

This study examines the effect of economic power on state regulationof attorneys. Following the economic theory of regulation, theeffect of various attorney wealth and power measures is analyzedin an attempt to explain the variance in attorney regulationthroughout the 50 states. Using OLS regression, attorney wealthand power are found to be positively related to more regulationregarding entry barriers, but power and wealth lead to lessstate-sponsored regulation when such regulation has a negativeeconomic effect on licensed attorneys.     

Public choice and tort reform

The common law originally was thought to be immune to rent seeking. More recently, scholars have recognized that attorneys are engaged in exactly that activity. Rent seeking by the legal profession has greatly expanded the scope of US tort law, and generated efforts to reverse its expansion. Organized groups (attorneys, businesses and doctors) are active on both sides of the issue and the partisans have numerous tools available for advancing their agendas, such as litigating, lobbying for favorable rules and attempting to elect sympathetic legislators and judges. All of this creates an ideal setting for public choice analysis.     

Worker ownership,participation and control: Toward a theoretical model

The administration of the employee-owned or worker cooperative firm must provide for two conceptually separable functions: organizational governance and the management of work. Three theoretical models tend to shape the thinking of those who design the organization: authoritarian, bargaining, and town meeting or community democracy.We review the experience of self-management in Yugoslavia, the Israeli kibbutzim, Mondragon cooperative system, and employee ownership in the United States. We conclude that the model best designed to favor the growth of employee ownership in the United States will be one that combines certain features of all three theoretical models noted above.     

Measuring the effectiveness of competition in defense procurement: A survey of the empirical literature

This article surveys the empirical literature that has attempted to measure the effects of competition in defense procurement. Its focus is on the conceptual underpinnings of the empirical models rather than on the technical aspects of the estimation procedures. While the empirical studies provide some valuable insight, the studies are flawed because they assume an implicit model of the procurement environment that is inconsistent with reasonable economic behavior on the part of defense contractors and seems to be contradicted by the evidence. In general, the predictive power of the empirical models is also limited by a program-by-program estimation approach in which only a handful of data points are available to estimate two or more parameters. These empirical models could be improved by the use of structural models that assume reasonable economic behavior and provide a theoretical basis for cross-program analyses.     

Are economists more selfish than other 'social' scientists?

There is considerable professional disagreement among economists about whether economists are less cooperative than non-economists. It has been argued that once an individual has been schooled in the self-interest model of individual human behavior (s)he exhibits more selfish behavior than other, ostensibly similar individuals who have not been taught to fully appreciate Homo economicus. Heretofore, the empirical debate has centered around classroom experiments designed to compare the “honesty” of undergraduate economics majors versus non economics majors. However, methodological problems have plagued these studies, leaving both sides at an impasse. We offer unique and compelling real-world evidence that suggests economists are no less cooperative than non-economists. Indeed, after comparing the incidence of “cheating” on their Association dues, we find that professional economists are significantly more honest/cooperative than professional political scientists, and especially, professional sociologists.     

谈铁路公安机关如何践行“以诉讼为中心”的工作理念

修改后的《刑事诉讼法》对人权保障、证据收集、律师辩护、侦查措施、强制措施、监督制度等原则规定进行了较大幅度的修改和完善,这些变化对今后公安机关执法办案可谓影响深远。随着铁路司法体制改革的深入推进,铁路公安机关面临如何应对这些新变化、新规定、新要求、新标准,依法行使侦查权,适应新形势下刑事侦查工作的挑战。     

Offsetting Uncertainty: Reassurance with Two-Sided Incomplete Information

Conventional models of bargaining and reassurance under incomplete information assume that actors' behavioral signals are objectively cooperative or noncooperative. Even if actors are uncertain of each other's preferences, they know what types of actions the other will view as cooperative. Yet on many real-world issues, cooperation is subjective, and what constitutes a cooperative action is conditional on the receiver's preferences. We present a formal model showing that in these cases, two-sided incomplete information actually incentivizes honest behavior and facilitates credible signaling. Because uncertain senders do not know whether a particular action will be interpreted as cooperative, they have little incentive to misrepresent, and instead honestly pursue their true goals. Thus, where cooperation is subjective, mutual uncertainty is “offsetting,” such that credible signals allow actors to quickly and accurately update their beliefs. We illustrate this logic through a case study of the Sino–Soviet split, and highlight the model's implications for contemporary U.S.–China relations.     

A conceptual framework for studying complex decision processes

Decision making stituations, particularly those involving societal issues, can pose very complex problems for practitioners and investigators from a broad spectrum of disciplines. In this paper, we present theoretical constructs and an organized general framework for studying such complex decision processes. The postulated facets are used in the construction of several hypotheses. Empirical evidence is presented which supports the hypotheses and argues for the viability of the proposed conceptual framework.Supported in part by OWRT Grant No. 8933-55-13645.     

Opportunities to enhance relational wellbeing through the National Disability Insurance Scheme: Implications from research on relationships and a content analysis of NDIS documentation

Interpersonal relationships are critically important to ensuring that people with disability can access the benefits of individual funding models such as the National Disability Insurance Scheme (NDIS). The NDIS aims to enhance participants’ self‐determination of supports and social and economic participation, but the emerging evidence indicates that achieving these policy outcomes requires stronger recognition of participants’ relational context, even in a system focused on individual choice and control. This paper reports on a content analysis of the NDIS Act, NDIS Rules, Operational Guidelines, and Price Guide to examine the extent to which the scheme's conceptual foundations and funded supports in individual plans enable it to support relationships. Implications are drawn from this analysis and theory and evidence about the importance of relationships for disability policy and practice. The paper outlines three areas where the approach of the NDIS to relationships is limited and can be improved: first, by conceptualizing relationships as relationships rather than simply sources of informal support; second, through provisions to actively support relationships; and third, by considering the relational appropriateness of support provided by family, carers, and friends. It concludes with suggestions for how relational considerations can be enhanced, including implications for government in administering the scheme.     

Testing the satisficing version of the political business cycle 1905–1984

This paper develops a test of the satisficing version of the political business cycle. Previous tests have focused on maximizing models of political behavior and are not sufficiently general to test for satisficing behavior. Using annual U.S. data for the period 1905 to 1984, we find evidence supporting the satisficing version of the political business cycle model, but we reject the maximizing version. In accordance with the satisficing hypothesis, we find that increasing inflation or unemployment and decreasing monetary base growth in the third year of a presidential term are followed typically by reversals during the election year.We wish to thank Gordon Tullock and two anonymous referees for valuable comments.     

Federalism and The Politics of Tobacco

Late in 1998, the United States acquired a new regime of tobaccocontrol engineered by the states' attorneys general. Nearlyall of them had filed lawsuits against the major cigarette manufacturers,allegedly with the aim of recouping Medicaid costs attributableto smoking. Despite latent differences of culture and interestin regard to tobacco control, all of the states eventually joinedin settlements with the industry that exacted large paymentsand restricted the industry's advertising and marketing practices.This article explains how it was possible for many differentpolities to agree on the settlement terms, and asks what thecase shows about the impact of federalism on tobacco policymaking.It concludes that tobacco policymaking in the 30 years priorto the lawsuits (1964–1994) was more consonant with constitutionalprinciples and not ineffective in achieving control.     

Public sector unions and public spending

This study examines the influence of public sector unions on the expansion of the public sector. Based on public goods theory, our paper models how unions influence the supply of and demand for public sector activities. On the demand side, public sector unions are special interests which advocate public sector expansion to policy makers; on the supply side, they exert pressure to maintain and expand monopoly powers. Empirical evidence supports the hypothesis that a positive relationship exists between public sector unionism and public spending.