When ADR becomes the law: A review of federal practice

Conclusion With the passage of the Administrative Dispute Resolution Act, the stage was set for innovation and change in federal agencies. Now, part way into the five-year life of the Act, a new administration has the potential to encourage even wider use of ADR at the federal level, providing still more examples from which to develop a clearer sense of best practice. Additional funds, both for ACUS and individual agencies, are vital to providing the level of experimentation, innovation, and documentation needed to ensure success.MIT ProfessorLawrence E. Susskind is director of the MIT-Harvard Public Disputes Program, 512 Pound Hall, Harvard Law School, Cambridge, Mass. 02138.Eileen F. Babbitt is associate director of the Public Disputes Program.Phyllis N. Segal is a practicing mediator with Endispute, Incorporated.The authors would like to acknowledge the federal dispute resolution specialists who contributed greatly to our work by providing interviews and materials for this article: Cathy Costantino of FDIC; David Batson of EPA; John Settle and Ron Walczak of HHS; David Drabkin of DLA; Jim Jones of DOL; Sheldon Guttman of FCC; Charles Pou of ACUS; Jeff Domber of GSA; and Diane Liff of DOT.     

Juror decision making in the capital penalty trial

Two factors thought to influence jurors' penalty decisions in capital trials—the nature of the crime committed and the defense's portrayal of the convicted offender's character—were examined. Mock jurors were death-qualified and exposed to one of twelve simulated penalty trials. Each trial was comprised of one of three capital crimes and one of four defense strategies. Jurors were least punitive in robbery-murder conditions and most punitive in multiple murder conditions. A conceptual argument against capital punishment was the most effective defense; a mental illness defense was the least effective. Penalty decisions were mediated by three attributional variables: (a) juror perceptions of the defendant's volition, (b) juror perceptions of the defendant's future dangerousness, and (c) juror perceptions of the relative competency of the opposing attorneys.This article is based on the author's dissertation which received an Honorable Mention in the 1985 SPSSI Dissertation Prize competition. The research was made possible by grants from the University of California, Santa Cruz and Division 41 of the American Psychological Association. The author is indebted to Craig Haney, Elliot Aronson, and Dane Archer for their valuable suggestions and support.     

Reviews

The Possessed and the Dispossessed: Spirits, Identity and Power in a Madagascar Migrant Town by Lesley A. Sharp.

University of California Press, Berkeley and London. 1993. xx plus 345 pp. including maps, illustrations, tables, notes, bibliography and index.

Marketing Africa's High Value Foods edited by S. Jaffee and J. Morton. World Bank, Kendall/Hunt Publishing Company, Iowa. 1995. 503 pp. including bibliography and index.

Democratisation and Demilitarisation in Lesotho: The General Election of 1993 and its Aftermath edited by Roger Southall and Tsoeu Petlane. Africa Institute of South Africa, Pretoria. 1995. xvii plus 193 pp. R60 ($30).

A Culture of Censorship: Secrecy and Intellectual Repression in South Africa by Christopher Merrett.

David Philip, Cape Town; University of Natal Press, Pietermaritzburg and Mercer University Press, Macon (Georgia). 1994. xv plus 296 pp. including notes and index. Paperback. Price R54,95.

The Eritrean Question: The Conflict Between the Right of Self‐Deter‐mination and the Interests of States by Eyassu Gayim.

Iustus Förlag AB, Uppsala (Sweden). 1993. 716 pp. including figures, tables, notes, maps, annexures bibliography and index. Paperback.

The Rwanda Crisis 1959–1994 — History of a Genocide by G. Prunier. Hurst & Co. London. 1995. xiii plus 389 pp. Paperback. Price £12.50.

Entrance into Reproductive Life: A Demographic Expression of Socio‐Economic Changes in a Senegalese Rural Area by Valérie Delaunay. Centre Français sur la Population et le Développement (CEPED), Paris. 1994. Les Etudes du CEPED No 7. xxii plus 326 pp. including figures, maps, tables, appendices and bibliography. Paperback. Price 90FF.

Verso un Nuovo Sudafrica: Dall'Apartheid allo Stato Multietnico by Chiara Robertazzi.

Milan: Francoangeli. 1995. 130 pp. Paperback.     

The Institutional Basis of Secessionist Politics: Federalism and Secession in the United States

According to the literature on secession, the most importantdeterminant of secessionist sentiment is a high level of grievanceexperienced by the would-be secessionist group. However, therationale behind using secession (as opposed to another strategy)as a grievance-amelioration strategy remains almost completelyunexplained. This article contends that the institutional settingin which political conflict and grievance are experienced playsa crucial role in whether secession is conceived of as a viableoption. This contention is tested by examining the institutionalenvironment of federalism and the role it played in secessionin the United States in 1860 and 1861. The United States wasuniquely vulnerable to secessionist pressures—as are allfederal states, potentially—because of institutional structuresthat gave constituent states a high level of institutional authorityand capacity; this, in turn, contributed to a discourse of states'rights that included the contested right to secede.     

Local Autonomy, Local Democracy and the 'New Localism'

Most studies of local autonomy and local democracy fail to distinguish adequately between the two terms. As a consequence, there is an assumed bilateral relationship between them in which changes in one are always deemed to affect the other – particularly in policy formulations. This article develops a stronger analytical distinction between them by considering local autonomy in three separate ways: as freedom from central interference; as freedom to effect particular outcomes; and as the reflection of local identity . Each of these conceptualisations raises different challenges for local democracy and its relationship to broader forms of democratic practice. When used to analyse the recent emergence of the 'new localism' as a policy approach within Britain, this separation also shows significant limitations in current policies towards democratic renewal and central policies that are supposedly focused on outcomes rather than processes. Although localities are being afforded some autonomy, most initiatives are not supporting the enhancement of local democracy.