Developments in the Law: Garcetti v. Ceballos and the Workplace Freedom of Speech Rights of Public Employees

On May 30, 2006 the Supreme Court handed down a 5–4 decision in the case of Garcetti v. Ceballos, announcing that "when public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline." Previously, the Court had held in Pickering v. Board of Education (1968) that the First Amendment's protection of freedom of speech generally prohibited public employers from firing or disciplining employees for speaking out on matters of "public concern." The Pickering decision established a two-part test that first required federal courts to determine whether the employee had spoken out on a matter of public concern and then whether the disruptive impact of the employee's statement justified the disciplinary action. This article argues that the Garcetti decision may deter many public employees from disclosing governmental inefficiency and misconduct and presenting dissenting viewpoints on matters of clear public concern. Consequently, the decision may make it more difficult for the leadership of public agencies to uncover inefficiency and misconduct.     

Parent-adolescent congruence for adolescent substance use

Parental reports of adolescent substance use were compared to the adolescents' self-reports using identical scales. Congruence was defined as exact agreement on whether adolescents were current users, ex-users, or never-users. Both parents were found to be less accurate in predicting their adolescents' alcohol use compared to cigarette or marijuana use. Single mothers were significantly less likely to be congruent than were mothers from two-parent households. Mother and father congruence on all substances was unrelated to the adolescent's sex, race, or after school employment. For both parents, congruence for adolescent marijuana use was significantly related to the age and GPA of the adolescent. Congruence may also reflect important properties of family functioning, as significant relations were found between both adolescent and parent ratings of family cohesion and parent-adolescent congruence on perceptions of marijuana use.This research was supported by Grant DA03706 from the National Institute of Drug Abuse (Hyman Hops, Principal Investigator).Jennifer Langhinrichsen is a doctoral candidate in psychology interested in adolescent and family interactions. The other authors are psychologists or data analysts working on family influences on substance use and mental health.     

Worrying about misconduct: the control lobby and the PS 2000 reforms

Abstract: In 1989, the Canadian government announced a plan to reform the federal public service that would reduce the number of rules imposed on line managers and promote a “results-oriented, entrepreneurial” culture. Public discussion about the reforms was dominated by a community of groups and individuals, which the author characterizes as a “control lobby.” Constituents of the control lobby worried that the proposed reforms would undermine parliamentary control over the public service and increase bureaucratic misconduct. The lobby slowed implementation of, and caused modifications to, institutional reforms and undercut efforts towards culture change. The attention that it gave to incidents of perceived misconduct may also have reinforced popular beliefs about the dangers of reform. The paper describes the key members of the control lobby, their reaction to the PS 2000 reforms and attempts by reform leaders to respond to their concerns. It suggests that a major weakness of the PS 2000 initiative was its failure to anticipate and craft a response to worries expressed by the control lobby. Sommaire: En 1989, le gouvernement canadien a annoncé un plan de réforme de la Fonction publique fédérale visant à réduire le nombre de règles régissant les gérants hiérarchiques et à promouvoir un «esprit d'entreprise axé sur les résultats». Le débat public concernant ces réformes a été dominé par un ensemble de groupes et d'individus caractérisés par l'auteur comme étant des partisans du contrôle. Ces derniers s'inquiétaient du fait que les réformes proposées risquaient de soustraire la fonction publique au contrôle parlementaire et d'augmenter les vicissitudes bureaucratiques. Ce groupe de pression a ralenti la mise en oeuvre des réformes institutionnelles et les a modifiées, et il a sapé les efforts visant à faire évoluer les esprits. Ayant attiré l'attention sur les incidents où il semblait y avoir un comportement incorrect des fonctionnaires, il a peut-être aussi réussi à renforcer les croyances populaires concernant le danger des réformes. L'article décrit les principaux membres de ce groupe de pression, leur réaction face aux réformes de la FP 2000, et les efforts des leaders de la réforme pour répondre à leurs inquiétudes. II suggère que le fait de ne pas avoir prévu les inquiétudes exprimées par les partisans du contrôle et de ne pas avoir préparé de réponse adéquate constitue une faiblesse importante de l'initiative FP 2000.     

First-Year College Student Affect and Alcohol Use: Paradoxical Within- and Between-Person Associations

Based on 10 weekly telephone interviews with first-year college students (N=202; 63% women; M=18.8 years, SD=.4), within- and between-person associations of positive and negative affect with alcohol use were examined. Multi-level models confirmed hypothesized within-person associations between weekly positive affect and alcohol use: Higher positive affect weeks had greater alcohol consumption, more drinking and heavy drinking days in the same week, and less plans to drink the following week. However, between-person, average positive affect did not predict individual differences in alcohol use. The negative affect—alcohol use association was complex: Within-person, higher negative affect was associated with less drinking days but between-person, with more drinking days; lability in negative affect was associated with greater average alcohol use and more drinking and heavy drinking days. Health promotion efforts for late adolescent and emerging adult students are advised to recognize these paradoxical effects (e.g., promoting dry celebratory campus-events, strategies to manage negative mood swings).

Can We Start to Understand Emergence?

When a new property is required to characterise an altered system, it is said to be 'emergent'. The fundamental importance of emergence for social activists is stressed. It is proposed that we deepen our understanding of it by examining well-understood processes to see exactly how new properties emerge in them. Reasons are given for hoping that this approach can be more fruitful now than in past eras. To illustrate the method, a simple case is examined which brings out inter alia the role of the environment and the precise way that a continuous process underlies the abrupt emergence. The results appear encouraging enough to stimulate further studies along these lines, and it is suggested where suitable cases can be found.     

Ambivalence About Equality in the United States or, Did Tocqueville Get it Wrong and Why Does that Matter?

Alexis de Tocqueville believed that “democratic peoples’... passion for equality is ardent, insatiable, eternal, and invincible.” This article examines whether and under what conditions residents of the United States demonstrate such a commitment to equality. I show that at many points in history, Americans have indeed chosen to move toward greater justice and less oppression; however, there are clear limits to their passion for equality. White Americans endorse less social, political, and economic equality than do African Americans, but even the latter often resist equality for groups that they perceive to be threats, or for behaviors that threaten strong social or moral norms. The article discusses implications for political activists of these patterns of support for and resistance to greater equality, and suggests strategies for overcoming oppression and promoting justice.