A NOTE ON AMERICA'S "CLOACAL" JAILS

A large literature points to the abominable condition of American jails. Comparison of national surveys of jail conditions conducted in 1972 and 1978 indicates that what little improvement has occurred is minimal compared to remaining problems. A number of factors have prevented state-set standards from achieving widespread improvement in local jail conditions: high costs, local autonomy and lack of credible threats for forcing compliance. The failure of New York State to implement adequate health standards illustrates the limitations of the standards approach. Other approaches, such as strategies for replacing local jails with regional facilities, deserve the attention of policy researchers.     

POLITICIANS AND THE DISTRIBUTION OF PUBLIC POLICIES

Policy scientists can make important contributions to the study of policy distribution, a question that is likely to be among the most crucial national issues to be discussed throughout this decade. One aspect of this question that has been neglected is the theoretical assumption associated with public choice theory that politicians, once elected, will reward their supporters through the distribution of policy benefits. However, empirical research indicates that policy benefits seldom are distributed in this way. Instead, politicians follow the principle of universalism. In league with bureaucracies and policy communities, politicians define need and then ask bureaucracies to allocate benefits. This makes politicians roles as distributors of policy very different than simplistic models suggest.     

A moment in human development: legal protection, ethical standards and social policy on the selective non-treatment of handicapped neonates

Selective non-treatment decisions involving severely handicapped neonates have recently come under renewed judicial and legislative scrutiny. In this Article, the Author examines the legal, ethical and social considerations attendant to the non-treatment decision. In Part II of this Article the Author discusses the predominant ethical viewpoints relating to this issue and proposes a new moral standard based on personal interests. Part III presents a survey of the jurisprudence relating to selective non-treatment decisions. Parts IV and V of this Article provide a critical examination of the recently enacted Child Abuse Amendments of 1984, a federal legislative initiative designed to regulate treatment decisions relating to handicapped infants. The Author suggests that the ethical standards and treatment criteria proposed in this Article may prove useful to courts seeking to balance the handicapped neonate's constitutional right to privacy with the requirements of the new federal law.