LIFE STORIES, DOCTRINES, AND DECISION MAKING

This article explores three supreme court appellate cases where one parent moves away with the children. These decisions from New York, Canada, and California reached very different conclusions.     

Consulting critics: A new role for academic policy analysts

It is by now widely accepted that social science research has only an indirect and general impact on public policymaking. Academic social science research, it is often argued, is antithetical to policy research: the former is animated by traditional scientific canons while the latter is specific and problem-oriented. Moreover, modern bureaucracies are now understood as political environments within which pure research will be routinely ignored if it does not serve someone's interests. For these and other reasons, social scientists are being encouraged either to eschew policy research or not to expect much influence. This article provides an alternative model of social scientists in the policy process, as consulting critics reviewing, analyzing and commenting upon substantive policy research. This model holds benefits for both scholars and clients, turns the canons of scientific inquiry into assets instead of liabilities, and responds to some of the concerns recently raised in the literature concerning the role of social science in the policy process.     

Federal Constitutional Power Over the Economy

This article examines the non-fiscal powers of the federal Parliamentof Australia to make laws to control the economy. Although thecommerce power in Australia was inspired by that in the U.S.Constitution, the High Court of Australia has not followed theliberal interpretation of the commerce power adopted by theU.S. Supreme Court since 1937. However, other express federalpowers, particularly those relating to corporations and externalaffairs, have been used for purposes that in the United Stateswould be encompassed by the commerce power. While the AustralianParliament does not have the degree of power possessed by Congress,the judicial trend is toward broader interpretations of federalpowers. Also discussed is Section 92 of the Australian Constitution,which declares that "trade, commerce and intercourse among theStates shall be absolutely free." This provision, which limitsboth federal and state power, was interpreted for many decadesas embodying the principle oflaissezfaire. In 1988 the HighCourt of Australia held that its scope is limited to prohibitinglaws that discriminate against interstate commerce with a protectionistpurpose or effect.