Free press and fair trial: The role of behavioral research

The growth of mass media has complicated the relatioship between the courts and the media. Free press and fair trial rights are kept in balance by the use of judicial restraints and remedies such asvoir dire, change of venue, and gag orders. This balance has shifted back and forth during the past two decades. Current case law and legal codes are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. Nor is there a body of empirical research on the impact of news coverage and juror behavior capable of informing the courts at this time. In this paper, we review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial. We argue that carefully conducted empirical research could provide important information to the courts. We suggest research directions and methodological caveats to increase legal relevance and scientific validity.     

The future of conventional arms control

Dramatic changes in conventional military capabilities coupled with nuclear parity should greatly increase the importance of conventional military power as well as raise new opportunities and problems for arms control. Those changes are not yet widely appreciated and in fact, there is a lack of analytic tools by which to appraise their implications and importance.As an initial step to systematic analysis of the desirability and feasibility of conventional arms control agreements, this paper describes current trends in weapons development and evaluates alternative interpretations of the implications of those trends. The requirements of effective and reliable arms control agreements are then enumerated and a general assessment made of the difficulties in meeting those requirements.The conclusions reached are necessarily speculative in light of the limited data and the surprisingly sparse analysis available on the characteristics, combat effectiveness and complementary combat and supporting requirements of new conventional weaponry. However, available evidence suggests the imminent emergence of significantly greater incentives for larger conventional forces, for larger logistics and support bases, for surprise attack, and for campaign strategies that emphasize speed and high attrition on all sides. If true, these factors will increase pressures for larger military budgets while also increasing instabilities in arms competitions. They also should increase interest in arms control measures though the characteristics of new weapons technology may make designing such measures even more difficult than in the past.Prepared for delivery at the 1975 Annual Meeting of the American Political Science Association, San Francisco Hilton Hotel, San Francisco, California, September 2–5, 1975.     

Intolerance and Political Repression in the United States: A Half Century after McCarthyism

What consequences for political freedom arise from high levels of political intolerance among the American public? Comparing surveys from 1954 to 2005, I document the level of perceived freedom today and consider how it has changed since the McCarthy era. Levels of intolerance today and in 1954 are also compared. Next assessed is whether restrictions on freedom are uniformly perceived or whether some subsections of the population are more likely to feel repressed than others. I find that while intolerance may have declined somewhat since 1954, perceived constraints on individual freedom have actually increased. These findings produce telling consequences for the subtheory of pluralistic intolerance. During McCarthyism, intolerance focused on the Left; today, many groups are not tolerated, so the loss of freedom is more widespread. Heretofore, many thought that pluralistic intolerance tended to be benign. At least in the case of the contemporary United States, it seems not to be.     

Quantitative cross-national studies of economic development: A comparison of the economics and sociology literatures

For more than two decades, economists and sociologists have pursued parallel cross-national quantitative investigations of the determinants of economic development. These investigations have proceeded in mutual ignorance despite the often large overlap in statistical methods and data employed. Apparently contradictory findings have resulted, especially regarding the impacts of international trade and foreign direct investment. We find that there are two factors that account for these inconsistent results. One key factor is the use of different variables to measure international trade and investment, the choice of which is in turn driven by underlying differences in theoretical motivations. A second important difference involves sociologists’ greater preoccupation with more complex multivariate models versus economists’ greater willingness to focus on individual variables in multivariate regressions while viewing others as “controls.” A major finding of our survey is that when thesame variables are used, the results of economists and sociologists tend to be consistent, rather than contradictory (as might have occurred, for example, because of the use of different samples of countries or time periods, or the use of other variables included in the regression equations). We also consider some studies whose purviews go beyond economic growth to consider factors such as income inequality, physical quality of life, demographic change, and basic needs provisioning. Angela Martin Crowly is at the Department of Sociology, University of California, Irvine, Irvine, California 92717. James Rauch is at the department of Economics, University of California, San Diego, La Jolla, California 92093. Susanna Seagrave is at the U.S. General Accounting Office, Washington, D.C. 20548. David A. Smith is at the Department of Sociology, University of California, Irvine, Irvine, California 92717.