Framework for Analysis of Legal Mobilization: A Decision-Making Model

The American legal system, structured in an entrepreneurial mode, relies upon the individual actor to personally evaluate the burdens and benefits of invoking the law on his or her own behalf Without discounting the contribution to our understanding of legal mobilization which has been made by the access-to-justice movement, the author argues that focusing on the poor and the distribution of legal services has limited our understanding of the legal system.
The article presents an alternative analytic framework for examination of citizen use of the law. The model of legal mobilization presented focuses on demands rather than needs, on citizens rather than lawyers or judges, on decision making rather than access, and on invoking the law rather than compliance with it. Drawing on the literature and available empirical evidence, the author attempts to analytically clarify the complex process of legal mobilization by organizing relevant variables into a decision-making model that focuses on the individual actor and the factors weighed in deciding whether and how to proceed in mobilizing the law.     

Publicsector worker safety and legal remedies

While much is known about the affirmative responsibilities private employers must undertake in order to protect workers on the job, the responsibilities of public-sector employers have not been heretofore addressed. This article analyzes federal laws that pertain to worker safety. These laws will be discussed in light of legal responsibilities placed on public-sector agencies to provide a safe work environment for employees.     

Performance and Accountability: Budget Reform in New Zealand

Since 1984, New Zealand has made major changes in public sector management. This article describes the perceived problems with the previous New Zealand system and discusses the reforms designed to address these problems. The changes attempt to increase efficiency by: (1) separating commercial functions from other government operations; (2) strengthening lines of ministerial and executive accountability; and (3) designing budget and financial management systems to improve measurement of public sector performance. This last reform includes shifting from an input to an output-based system, changing from cash to accrual accounting, and creating different forms of appropriations for different types of government activities. While it is too early to assess whether the reforms are successful, we note potential problems.     

The provocative public sector: Domestic political protest and public sector growth in the OECD, 1965–1982

The results shown in Tables 1 through 8 above are consistent in that %GG is repeatedly shown to be significant whether making cross-national comparisons of DPP or predicting intra-national variations over time. Therefore, Hypotheses 1a and 1b are confirmed. The confirmation of Hypotheses 2a and 2b shows that, taking into account public sector size, government growth is most provocative in countries where it represents a major socio-economic change (i.e., where the public sector is small). Government growth has a neutral impact where the role of the public sector is long-established (i.e., where the public sector is large).Hypotheses 3a and 3b posited that average and annual rates of economic growth would be inversely associated with domestic protest. These hypotheses, too, were confirmed. The belief that economic growth rates would clearly provide the margin of affordability for public sector growth was not confirmed, as the coefficient of the interaction term (%GG*%GDP) was not statistically significant.     

Pricing public sector services: The tuition gap

The large gap between the tuition charged by public colleges and universities and private ones is likely to cause severe disruptions to the private sector institutions of higher education. If it continues, private sector institutions may once again become bastions for students who can afford their services, rather than for those who merit them, and these institutions will diminish in size and diversity as well. Public sector institutions will become relatively stronger - not solely for reasons of effectiveness, efficiency, or equity - but because of the competitive advantage that the tuition gap affords them. This paper explores the feasibility and desirability of the three methods of correcting this problem, using real cost and demand data from the University of Massachusetts for illustrative purposes. It concludes the subsidization of students (rather than institutions) and raising public sector tuitions are two possible alternatives to the present tuition gap.