Does the Unconstrained Legal Actor Exist?

Abstract. The unconstrained legal actor, typically a judge, is a central character in modern jurisprudence. He is feared by legal formalists, legal positivists, and Ronald Dworkin alike. He is lauded by some legal realist and critical legal studies theorists. Stanley Fish says that all of this theorising is pointless because the unconstrained legal actor cannot exist. My paper evaluates Fish's arguments for this surprising position.     

SCHOOLS AS COMMUNITIES: THE RELATIONSHIPS AMONG COMMUNAL SCHOOL ORGANIZATION,STUDENT BONDING,AND SCHOOL DISORDER*

Research has indicated that school factors such as communal school organization and student bonding are predictive of school disorder, with greater communal organization and greater student bonding leading to less delinquency and victimization. Data from a nationally representative sample of 254 public, nonalternative, secondary schools were used to examine structural equation models representing hypothesized relationships among communal school organization, student bonding, and school disorder. The hypothesis that communally organized schools would have less disorder held true for teacher victimization and student delinquency, but not for student victimization. In addition, the hypothesis that the relationship between communal school organization and school disorder would be mediated by student bonding was supported for student delinquency, but not for teacher victimization.     

Military Base Closures and the 1996 Congressional Elections

This article examines the extent to which changes in distributional benefits influence congressional election outcomes. Although conventional wisdom holds that a direct link exists between distributional benefits and electoral outcomes (Mayhew 1974b), recent evidence suggests that this link only exists under certain circumstances (Stein and Bickers 1994). In this article, I use 1995 military base closures to test the nature of the relationship. Contrary to recent research on the politics of pork barreling, my findings indicate support for a direct relationship between major base realignments and closures and House electoral outcomes. Specifically, major realignments and closures significantly decreased first‐year Democrats' vote margins in the 1996 House elections.