Fuller on legal fictions

What are legal fictions? Professor Lon Fuller discussed the matter at some length. One interpretation of his answer is this: they are lies that are not intended to deceive. This solution fails, in the end, to be convincing. But some remarks of Fuller provide the clue to another way of looking at the problem: fictions are means of changing the application of the law by relying on a tension between two classifications of fact.     

Two Decades of Change: A Ranking of Key Issues Affecting Intergovernmental Relations

This article describes the results of a 1981 survey of 1,000randomly selected scholars of American government and politicswho were asked to rank the most significant intergovernmentalevents and trends of the past twenty years. Responses were receivedfrom almost 40 percent of these scholars; no significant returnbiases were detected. These scholars ranked civil rights andvoting rights acts as the most significant events of these decades.General Revenue Sharing and the reapportionment cases were rankedsecond and third in importance. The increased flow of federaldollars to states and local governments was ranked the mostimportant trend affecting intergovernmental relations, followedby the increased public disaffection with government and thegrowing dependence of local governments on state and federalaid. The Vietnam War and the inflationary spiral it initiatedwas ranked as the most significant social event affecting thecourse of intergovernmental relations, followed closely by theenergy crisis and the beginnings of the "Great Society." Thearticle also examines the effects of party identification, age,year of degree, government experience, region, and city sizeon scholarly attitudes toward these events and trends. Whilethe overall rankings were not dramatically altered, partisanship,region, and city size all were factors found to be noticeablyrelated to scholarly rankings of these important events andtrends.     

Acts of Faith: Churches and Political Engagement

Many observers suggest that white evangelical Protestant churches serve to mobilize their members into politics, while others argue that they encourage withdrawal from political life. This paper reconciles these two claims. I hypothesize that the time members of evangelical Protestant denominations spend in service to their church comes at the expense of participation in the wider community, contrary to the way mainline Protestant and Catholic churches foster civic activity among their members. However, I further hypothesize that the tight social networks formed through this intensive church activity can at times facilitate rapid and intense political mobilization. Data from the Citizen Participation Study supports the first hypothesis, while applying King's method of ecological inference to two elections in Alabama supports the second.     

Leviathan and Fiscal Illusion in Local Government Overlapping Jurisdictions

This paper integrates twomodels of local government behavior,leviathan and fiscal illusion, into theframework of overlapping jurisdictions.Estimation of the leviathan and fiscalillusion variables without accounting forvertical effects between overlappingjurisdictions results in overestimation ofthe horizontal effects. Using a medianvoter model and municipal and county datawe find support for the leviathan modelusing traditional tests. These effects arelargely offset, however, when the test isset within the context of the verticalrelationship. We find that municipal percapita expenditures and county per capitaexpenditures are symmetricallycomplementary.