State Courts, the U.S. Supreme Court, and the Protection of Civil Liberties

Advocates of federalism, both in the United States and elsewhere, often cite the potential for enhanced protection of individual civil liberties as an emerging rationale for a federal system dividing governmental responsibilities between central and regional governments and central and regional judiciaries. Echoing this, some judicial officials and scholars, confronting an increasingly conservative U.S. Supreme Court, have called for state supreme courts to use the state constitutional grounds to preserve and increase the protections of the Bill of Rights. Using event count analysis, we examine state search-and-seizure cases for 1981 to 1993 to ascertain under what circumstances state courts would use this opportunity to eliminate Supreme Court review. We find that the relative ideological position of the state supreme courts and the U.S. Supreme Court often prevents, or does away with the need for, liberal courts to use the adequate and independent state grounds doctrine to expand the rights of criminal defendants and that state supreme court justices react more predictably in the assertion of constitutional protection law than the general consensus suggests.     

ECONOMIC EFFICIENCY IN ENERGY POLICY

Pietro S. Nivola. The Politics of Energy Conservation
John C. Sawhill and Richard Cotton (Eds.), Energy Conservation: Successes and Failures
Richard H. K. Victor, Energy Policy in America Since 1945: A Study of Business-Government Relations     

The Nature of Legal Philosophy

Abstract. Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible. Legal philosophy raises these questions with respect to the law. In so doing, legal philosophy is engaged in reasoning about the nature of law. The arguments addressed to the question of the nature of law revolve around three problems. The first problem addresses the question: In what kinds of entities does the law consist, and how are these entities connected such that they form the overarching entity we call “law”? The answer is that law consists of norms as meaning contents which form a normative system. The second problem addresses the question of how norms as meaning contents are connected with the real world. This connection can be grasped by means of the concepts of authoritative issuance and social efficacy. The latter includes the concept of coercion or force. The third problem addresses the correctness or legitimacy of law, and, by this, the relationship between law and morality. To ask about the nature of law is to ask about necessary relations between the concepts of normative meaning, authoritative issuance as well as social efficacy, and correctness of content.     

The Entrepreneur as Innovator

Throughout intellectual history as we know it, the entrepreneur has worn many faces and played many roles. One of those roles is innovator. This essay establishes a chronological trace of the entrepreneur as innovator in an effort to place contemporary writings within a proper historical perspective.     

An Exploratory Study of Emotional Intelligence and Domestic Abuse

To date, there is no literature specifically addressing the relationship between spousal battering and emotional intelligence, a concept that captures the success, or lack thereof, of a person's functioning in their immediate environment. Forty-four men convicted of spousal assault and 76 undergraduate students completed the Emotional Quotient Inventory (EQ-i; R. Bar-On, BarOn Emotional Quotient Inventory: User's Manual, Multi-Health Systems, Inc., Toronto, 1997), the Propensity for Abusiveness Scale (PAS; D. G. Dutton, J. Fam. Violence 10(2): 203–221, 1995), and the Balanced Inventory of Desirable Responding (D. Paulhus, J. Pers. Soc. Psychol. 46: 598–609, 1984; Assessing Self-Deception and Impression Management in Self-Reports: The Balanced Inventory of Desirable Responding, Unpublished manual, University of British Columbia, Vancouver, Canada, 1988; In Measures of Personality and Social Psychological Attitudes, Academic Press, San Diego, CA, pp. 17–59, 1991). Results of this exploratory study indicate that batterers score significantly lower than the general population on all components of EQ-i. Additionally EQ-i total and subscale scores for both samples correlate negatively and significantly with scores on PAS, suggesting that deficits in various components of emotional intelligence are related to an increase in the propensity to be abusive. Implications for batterer treatment are discussed.     

Hayek: The Rule of Law Or the Law of Rules?

Law and Philosophy -