Attitudes and beliefs about domestic violence: results of a public opinion survey: I. Definitions of domestic violence, criminal domestic violence, and prevalence

This study reports analyses and findings from a public opinion survey designed to explore beliefs about domestic violence (DV)-what it is, when it is against the law, and how prevalent it is. The project interviewed 1,200 residents from six New York communities. The analyses reveal substantial firsthand and secondhand experience with DV and strong consensus that acts of physical aggression should be labeled as DV, but substantially less certainty about the illegality of the abusive behaviors. Overall, the respondents were less inclined to define women's aggressive behavior in pejorative or unlawful terms than men's. Respondents believed that DV was common in their communities, and that it affected a significant minority of couples. Multivariate analyses provide little support for conventional wisdom about the impact of socioeconomic background on tolerance for or knowledge about DV, although gender, generation, and secondhand familiarity with DV incidents play a role in opinions and beliefs.     

Identities of Competitive States in U.S. Presidential Elections: Electoral College Bias or Candidate-Centered Politics?

When discussing the biases of the U.S. Electoral College, researchersconclude that competitive states seem to occur randomly withoutany explanation. This study examines the consistency with whichthe same states have been competitive in presidential electionsfrom 1824 to 2000. It also identifies "spectator" states. Spectatorstates are those that have not been competitive for ten presidentialelections in a row. A statistical analysis illustrates thatthe identities of competitive states have become more unpredictable.In addition, few states have been spectators for long periods.In terms of representation, the facts that competitive statesare not consistent and that there are few spectators mean differentstates are in the presidential spotlight at different times.As opposed to any biases associated with the Electoral College,the changes in consistency coincide with the rise of candidate-centeredpolitics and decreasing voter loyalty to parties. The highlychangeable nature of competitive states strengthens the federalismargument for continuation of the Electoral College.     

Defending hospital mergers after the FTC's unorthodox challenge to the Evanston Northwestern--Highland Park transaction

Examining the Federal Trade Commission's retrospective challenge of a hospital merger in Illinois, the author provides an insightful analysis of one of the agency's major antitrust enforcement initiatives in health care in the last several years. Because the case produced several departures from antitrust orthodoxy, these departures may affect the trials of future hospital mergers that are challenged. The author reviews the methodology and evidence of the case, and he identifies theories and best practices that are important for administrators and legal practitioners to implement in future mergers.     

Salaried lawyers and billable hours: a new perspective from the sociology of work

The work of legal professionals is changing rapidly, but the changes have not yet been thoroughly investigated from the perspective of the sociology of work. This paper draws on a research project that examined the work of solicitors in private practice in Melbourne, Australia. It uses in-depth interviews, results of secondary surveys and other data sources in order to describe the dominant working-time patterns. The evidence points to a common pattern of rigid and demanding schedules, which can be traced back to the indirect pressures exerted by the widespread system of ‘billable hours’. The paper takes up the challenge to examine the operation of this system. We argue that the billable hours system, initially just a technique for billing clients, has been transformed into a tool for measuring and controlling the work of salaried solicitors, through setting of targets, close time recording, careful monitoring, and a supple set of sanctions.     

Good Faith and the Ubiquity of the ‘Relational’ Contract

The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. That law does not have a general principle of good faith, but its doctrine of good faith, articulated through numerous specific duties, is more suitable for the interpretation of contracts according to the intentions of the parties than a general principle which invites the imposition of exogenous standards. That Yam Seng involved a relational contract does not mean that paternalistic exogenous standards should be imposed. It means that the good faith obligations essential even to a commercial contract of this sort must be implied in order to give efficacy to the fundamentally co‐operative contractual relationship.     

Juggling Inputs, Outputs, and Outcomes in the Search for Policy Competence: Recent Experience in Australia

During the mid- to late 1980s, the Labor government in Australia under Prime Minister Bob Hawke distinguished itself by achieving a balance in its budgeting and management approaches. This allowed for focusing on inputs, outputs, and outcomes in tandem. The approach differed considerably from that pursued in New Zealand. There, an overemphasis on outputs introduced serious distortions to the relations between ministers and officials, which reformers in Wellington have subsequently taken strides toward correcting.
As often happens with reform movements, the Australian process reached a plateau by the early to mid-1990s. Broadly, officials welcomed a change of government in 1996 with the expectation that the coalition under Prime Minister John Howard would give new impetus to innovative public management. Ironically, this coalition addressed the issues surrounding budgeting and management reform through an unreconstructed 1980s lens, highlighting outputs at the expense of balanced emphasis of inputs and outcomes as well. As suggested by the Labor government's success in the 1980s and the adjustments attempted by New Zealand governments in the 1990s, collective dynamics among and between members of cabinet and officials, respectively, are key to a balanced approach. These dynamics foster a sense of trusteeship whereby participants see that inputs, outputs, and outcomes form part of a seamless web centered on public interest. The analysis of the Coalition's performance so far suggests thhat its efforts at reform have proven retrogressive when evaluated by this standard.     

Why the Fair Use Doctrine Should be Eliminated

The concept of fair use was introduced in the Copyright Act of 1976 as a means of allowing limited free access to copyrighted material. However, the application of fair use principles in the adjudication of infringement cases has demonstrated a fundamental problem in our approach to intellectual property rights. In much the same way as Hardin recognized a tragedy of the commons, continued efforts to make decisions based on the fair use doctrine run the risk of creating an information anti-commons.