FREEDOM OF INFORMATION IN AUSTRALIA, CANADA AND NEW ZEALAND

In 1982, Australia, Canada and New Zealand introduced freedom of information (FOI) laws. The author visited all three countries in 1986-7 to study how the legislation was being used, and its impact on the workings of Westminster-style government. A table summarizes the main features of the legislation. The article discusses the different appeal mechanisms; the implications for ministerial accountability; the level of take-up; the different categories of user; administrative costs and benefits; staffing requirements, refusal rates, fees, etc. Apart from requests for personal files, the level of demand has been relatively low; ministerial accountability remains unchanged; the legislation has successfully protected government secrets; and the overall cost has not proved too great. FOI has not realized its more ambitious objectives, such as increasing public participation in government decision-making; but at the same time, it has not fulfilled many of its opponents' worst fears.     

RATIONAL POLITICIANS AND RATIONAL BUREAUCRATS IN WASHINGTON AND WHITEHALL

William Niskanen's theory of Bureaucracy and Representative Government predicts that the interaction of rational vote-maximizing politicians and rational budget-maximizing bureaucrats will lead to an oversupply of bureaucratic goods and services. The demand, supply and motivational components of this model are all shown to be flawed; and the oversupply conclusion therefore fails to follow. A revised model constructed from the elements that can be salvaged from this critique suggests that rational mission-committed politicians and bureaucrats join in a policy-making oligopoly, run internally on the basis of trust and externally on the manipulation of information. This leads to a skewing (rather than a simple oversupply) of bureaucratic goods and services. Some evidence suggests that this model fits British as well as American policy-making.     

THE EFFECTS OF SELECTION SYSTEM ON JURY COMPOSITION

The Supreme Court and judicial scholars have argued that the demographic composition of grand and petit juries is important. To the extent that composition is a function of the selection system used, this suggests that the method of selecting grand and petit jurors is important. This article tests the link between selection system and composition by comparing the representation of blacks, Mexican-Americans, and women on grand juries selected by commissioners with the same three classes' representation on grand juries selected at random from the voter registration lists. For these jurisdictions, only female representation is consistently higher under random selection procedures.     

POPULATION DENSITY AND CRIMINAL VICTIMIZATIONSome Unexpected Findings in Central Cities

Criminal behavior and criminal victimization have been associated with population density in the criminological literature. and this has led re- searchers to argue that there is a positive zero-order relationship between population density and crime rates. However, using National Crime Survey victimization data we found that there is no simple relationship between population density and crime rates in 26 large American cities. Property crimes nith contact were, found 10 he positivelv correlated with population density. and thus are consistent with traditional criminological explana- tions. All other crimes, which we classified as property crimes without contacl and nonproperty assaultive crimes. contradict most previous research findings because of significant negative correlations with popula- tion density.     

THE LINK BETWEEN OFFENDING AND VICTIMIZATION AMONG ADOLESCENTS*

Prior research on victimization in the United States has generally neglected two key areas—victimization among juveniles and young adults and the connection between offending and victimization. The research presented here fuses these two concerns by examining the effect of delinquent lifestyles on the criminal victimization of teenagers and young adults. An examination of longitudinal data from the first five waves of the National Youth Survey suggests that adolescent involvement in delinquent lifestyles strongly increases the risk of both personal and property victimization. Further, the analysis reveals that a significant proportion of the risk of victimization incurred by different demographic subgroups—especially males—results from greater involvement in lifestyles characterized by delinquency. The authors conclude that victimization patterns among youths cannot be understood apart from criminal and deviant activities.     

DRIVING WHILE BLACK: EFFECTS OF RACE,ETHNICITY, AND GENDER ON CITIZEN SELF‐REPORTS OF TRAFFIC STOPS AND POLICE ACTIONS*

Are African‐American men, compared with white men, more likely to report being stopped by police for traffic law violations? Are African‐American men and Hispanic drivers less likely to report that police had a legitimate reason for the stop and less likely to report that police acted properly? This study answers these questions using citizen self‐reports of their traffic stop encounters with the police. Net of other important explanatory variables, the data indicate that police make traffic stops for Driving While Black and male. In addition, African‐American and Hispanic drivers are less likely to report that police had a legitimate reason for the stop and are less likely to report that police acted properly. The study also discusses the validity of citizen self‐report data and outlines an agenda for future research.     

A Discourse-Theoretical Conception of Practical Reason*

Abstract
Contemporary discussions about practical reason or practical rationality invoke four competing views which can be named as follows by reference to their historical models: Aristotelian, Hobbesian, Kantian and Nietzschean. The subject-matter of this article is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the heart, lies the justification and the application of the rules of discourse. An argument consisting of three parts is pre sented to justify the rules of discourse. The three parts are as follows: a transcen dental-pragmatic argument; an argument which takes account of the maximisation of individual utility and an empirical premise about an interest in correctness. Within the framework of the problem of application, the article outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory.