Edward Banfield on the Promise of Politics and the Limits of Federalism

Edward Banfield is generally considered to be a conservative,but this assumption is problematic. This essay examines hisviews on federalism and local politics in an attempt to betterunderstand his orientation. While he holds views on federalismand localism that are not liberal, by post-Second World WarAmerican standards, his lack of interest in constitutional rules,acceptance of national expansion, and lack of enthusiasm aboutlocal government put him at odds with mainstream conservatism.Ultimately, Banfield's suggestion that politics (local and national)can improve the character of human beings places him outsideboth conservatism and liberalism, and within an older tradition.     

Some Sound and Fury from Kaplow and Shavell

Law and Philosophy -     

INTRAFAMILIAL COMMUNICATIONS

Although testimonial privileges undermine the general rule that all relevant evidence is admissible at trial, legislatures and courts have recognized certain privileges primarily to protect. In these cases, the courts and legislatures have balanced the competing interests of full disclosure, on one hand, and the preservation of valued relationship, on the other, and have found that the latter outweighs the former. The attorney-clint privilege, for example, exists to encourage truthful communications between attorney and client so that the client may obtain complete and accurate legal advice. Likewise, the marital privilege protects confidences between spouses to preserve the institution of marriage. The parent-child relationship, while certainly valuable to society, has not been afforded the same protection. This note argues that a parent-child privilege should exist. Basic constitutional principles, as well as comparative and social policy arguments, support the recognition of a parent-child privilege .     

The Spiritual Components of Restorative Justice

The concept of spirituality in restorative justice practice is recognized as important but is often fuzzy and vaguely understood. This study did a content analysis of restorative justice texts and found nine distinct components of spirituality: transformation, connectedness/belonging, common human bond, repentance, forgiveness, making right a wrong, balance/harmony, rituals, and unexplained spiritual phenomenon. The conceptual clarification of the relationship between spirituality and restorative justice gives mediators/facilitators of restorative justice dialogue more tools to deepen their interactions with victims, offenders, and community members. Furthermore, delineation of these nine components offers researchers a framework for the development of instruments or tools that can be used to assess participants' experiences in restorative justice dialogues.     

The Roles of Local Government Managers in Theory and Practice: A Centennial Perspective

The standard narrative to explain the evolution of roles filled by city managers suggests that managers originally served as administrative technicians who carried out the policy directives of city councils, but, over time, they became more involved in policy advice and community leadership. This article documents enduring involvement in policy and the recent expansion of community leadership, analyzing definitions of the manager's roles offered by practitioners and scholars since the beginning of the city manager profession 100 years ago. In addition, measurements of the manager's role performance at various points in time are examined, along with trends in the preparation of managers and the context in which they work. Ignoring the evidence that the policy role is integral to professional management can lead to unfounded questions about the legitimacy of city and county managers and impairs our understanding of the council‐manager form of government and political–administrative relations.     

What's Gender Got to Do with It? Incivility in the Federal Courts

The current study examines experiences of interpersonal mistreatment in federal litigation among a random sample of 4,608 practicing attorneys. Using both quantitative and qualitative survey data, we documented the nature and interplay of general incivility, gender-related incivility, and unwanted sexual attention. Nearly 75% of female attorneys had experienced some form of this misconduct in the previous five years, compared to half of male attorneys. An in-depth examination of instigators revealed that not only fellow attorneys but also federal judges, court personnel, marshals, and court security officers instigated the inappropriate behavior. We further found that most attorneys responded to this mistreatment with avoidance and denial; few used or trusted existing reporting mechanisms. The current study surpassed simple prevalence estimates to document effects of interpersonal mistreatment on the professional well-being of targeted attorneys. We discuss implications of these results, drawing on theories of social dominance, sex-role spillover, cognitive stress, organizations, and intervention.