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.     

Exceptions to Employment at Will: Raising Firing Costs or Enforcing Life-Cycle Contracts?

The common law doctrine of employment at will holds that, unlessspecified otherwise, the employment relationship can be terminatedfor any reason. Beginning in the mid-1970s, many state courtsbecame willing to find exceptions to this doctrine. A possiblebenefit of this new approach is that it provides a third-partyenforcement mechanism to implicit labor contracts. This articleuses two large micro data sets on employee tenure and wagesto evaluate the impact of exceptions to employment at will.Although the results suggest that exceptions to employment atwill affected labor markets, there is little evidence that exceptionshelped enforce implicit contracts.     

URBAN PLANNING,POLICY AND MANAGEMENT*

Abstract: This paper deals with some important sources of confusion in discussions of urban issues. The first part distinguishes urban planning as a “future oriented” activity, from urban management which is primarily concerned with resource allocation. (The nature of urban development — interdependence and long life — makes a long-term perspective important.) When urban management aims to implement a plan the two are complementary. Urban policy covers a broader range of issues. The second part distinguishes four levels of debate about urban issues: ideological, political, operational and technical. Frequently debates in urban studies are not coherent because the participants are arguing at different levels and therefore make different assumptions about what is given and what can be varied. It is argued that the various levels form a hierarchy so that debates at any level need to assume particular positions with respect to higher level questions. Ideological issues include individual versus collective perspective, capitalist versus socialist, the appropriate role of markets and governments and the relative weight given to equity and efficiency criteria. The examples of political issues discussed are rationality versus group pressure as explanations of government behaviour, and whether planning is mainly a political or a professional activity. Operational issues include the appropriate level of government for carrying out urban functions and the role of statutory planning and other policy measures. Technical issues focus on predicting the effects of policy measures and external changes on cities. The different levels are illustrated by a discussion of policy towards inner city areas.     

GOVERNMENTS IN BUSINESS

Books reviewed in this article
Neil W. Hamilton and Peter R. Hamilton. Governance of Public Enterprise: A Case Study of Urban Mass Transit
R. Joseph Monsen and Kenneth D. Walters. Nationalized Companies: A Threat to American Business
Lloyd Musolf. Uncle Sam's Private, Profitseeking Corporations
W.T. Stanbury and Fred Thompson (Eds.). Managing Public Enterprises     

The Office of Management and Budget in a Changing Scene

Authors' Note: It is too early to provide a definitive view and appraisal of the Office of Management and Budget in the Reagan presidency. The discussion that follows is based partly on current and recent articles and a few recent monographs and books, many of which are credited in footnotes. In additon we have relied upon a considerable number of interviews with current participants and alumni of OMB as well as with some observers from outside. It would be impracticable to list those who helped us, but we are grateful to all of them. The substance of this article was completed in mid-July 1982.