Explaining “Pain and Suffering” Awards: The Role of Injury Characteristics and Fault Attributions

The present research explored factors thought to affect compensatory awards for non-economic ham (pain and suffering) in personal injury cases. Experiment 1 showed that the nature and severity of the plaintiffs injury had a strong effect on perceptions of the extent of harm suffered and on award amounts. The parties' relatively active or passive roles in causing the injury affected assessments of their degree of fault, but perceived fault had little influence on awards. Experiment 2 replicated with more varied cases the strong impact of injury severity on harm perception and on awards for pain and suffering. In both studies, the disability and the mental suffering associated with injuries were stronger predictors of awards than were pain and disfigurement.     

The State of American Federalism, 1996-1997

Federalism enjoyed political and popular salience during theperiod 1996–1997 as the so-called "Devolution Revolution"began to be implemented and analyzed in the United States. Whilethere were a few examples of important Revolutionary efforts,the federal government continued to hold much of the power andsignificance it has achieved over the past sixty years. Evenin the area of welfare policy, where in 1996 there were historicreforms enacted to end the federal entitlement, the federalgovernment maintained a significant presence that made the ideaof devolution of welfare policy responsibility some what questionable.Nevertheless, states continued to lead in policy innovationin areas ranging from education to health, and the U.S. SupremeCourt continued to question the limits of federal power. Thepast year illustrated, once again, the complexity of our federalsystem and how difficult it is to reform federalism—particularlywhen it involves a shift in power and creates the perceptionof winners and losers.     

Candidate Character vs. The Economy in the 1992 Election

The outcome of the 1992 U.S. presidential election has been explained largely as a function of perceptions of George Bush's economic performance. The economy submerged questions about Bill Clinton's character, awarding the advantage to the Democrat. In this article, we evaluate the effect of economic evaluations along with character attacks on candidate support in the 1992 presidential contest. Claims that the economy submerged character have been somewhat exaggerated. But while character remains an important issue in presidential evaluation, its role in judging candidates cannot be taken at face value. We show that both economic evaluations and character judgments are highly politicized. The findings indicate that those protesting Clinton's character turned almost exclusively to Bush. Those protesting Bush's economic record turned to both Perot and Clinton. Still, the economy did not trump character. The troubles of both major party candidates fueled a strong protest vote that contributed to Perot's strong showing.     

The Federalism Debate in the Transformation of Federal Habeas Corpus Law

Over the last several decades, the law governing access to federalhabeas corpus review has undergone a fundamental transformation,moving from a Warren Court approach that focused on individualrights to a Rehnquist Court approach that emphasizes deferenceto state courts. The enduring constitutional debate about thefederal system and the appropriate role of the federal courtsin that system has been at the heart of this transformation.This essay examines the leadership role of the U.S. SupremeCourt and the influence of other institutional actors, suchas the Congress, the executive, and the states, in the shapingof United States "constitutional dialogue" on this issue.     

Reviews

Stephen Sestanovich (ed.), Rethinking Russia's National Interests. Washington, DC: Center for Strategic & International Studies, 1994, xii + 115pp., $14.95 p/b.

Neil Malcolm, (ed.), Russia and Europe: An End to Confrontation? London and New York: Pinter Publishers, for The Royal Institute of International Affairs, London, 1994, xi + 240pp., £35.00.

Douglas W. Blum (ed.), Russia's Future: Consolidation or Disintegration? Boulder, CO, San Francisco, CA & Oxford: Westview Press, 1994, 173pp., £33.50 h/b, £9.95 p/b.

Lynn D. Nelson & Irina Y. Kuzes, Property to the People. The Struggle for Radical Economic Reform in Russia. New York and London: M. E. Sharpe, 1994, xi + 268 pp., £48.00 h/b, £16.00 p/b.

Richard F. Kaufman & John P. Hardt (eds) for the Joint Economic Committee, Congress of the United States, The Former Soviet Union in Transition. Armonk, NY, York and London: M. E. Sharpe, 1993, xxiv + 1222pp.

Michael Jakobson, Origins of the Gulag. The Soviet Prison Camp System 1917–1934. Lexington, KY: The University Press of Kentucky, 1993, xiv+ 176pp., $28.00.

Paul R. Gregory, Before Command: An Economic History of Russia from Emancipation to the First Five‐Year Plan. Princeton; NJ: Princeton University Press, 1994, viii + 188pp., £30.00.

Helene Seppain, Contrasting US and German Attitudes to Soviet Trade, 1917–91. Politics by Economic Means. New York & Basingstoke: St Martin's Press and Macmillan, 1992, xiv + 349pp.

Graham Smith (ed.), The Baltic States: The National Self‐determination of Estonia, Latvia and Lithuania. London: The MacMillan Press Ltd, 1994, xii + 214pp., £40.00.

Jan Zaprudnik, Belarus: At a Crossroads in History. Boulder, CO: Westview Press, 1992, xxiii + 278pp., £11.95 p/b.

Dirk Kretzschmar, Die Sowjetische Kulturpolitik 1970–1985. Bochum: Universitatsverlag Dr N. Brockmeyer, 1993, xxvi + 873pp., DM89.80.

Jan Kubik, The Power of Symbols against the Symbols of Power; The Rise of Solidarity and the Fall of State Socialism in Poland. Pennsylvania, PA: University of Pennsylvania Press, 1994, xiv + 322pp., £38.00 h/b, £13.95 p/b.

Ljerka Fulgosi & Vlasta Vince‐Ribaric (eds), Hundred Testimonies: The Moving Accounts of Croatian Displaced Persons and War Prisoners. Zagreb: Society of Croatian Professional Women and INA Consulting, 1994, 196pp., $20.00.

Theodor Bergman, Gert Schaefer & Mark Seldon (eds), Bukharin in Retrospect. New York: M. E. Sharpe, 1994, xxv +251pp.