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.     

Medication noncompliance in schizophrenia: codification and update

Risk of relapse and recidivism makes the failure to take antipsychotic medication as prescribed a significant issue in forensic psychiatry. This question may arise in such contexts as the setting of bail, plea bargaining, the insanity defense, and sentencing. We have reviewed the literature on medication noncompliance in schizophrenia and present here the results, organized by topics relevant for the work of forensic mental health experts. Reported rates of noncompliance vary widely, reflecting major differences in the populations studied and the methods used as well as the complexities involved in defining noncompliant behavior. A noncompliance rate of 50 percent has been attributed globally to chronic patients, both medical and psychiatric. The tendency of significant factors to interact precludes a simple typology of noncompliance. However, environmental security and supportiveness correlate positively with adherence; whereas anxiety, paranoia, grandiosity, depression, and side effects correlate negatively. Clinicians' assessments of whether medication is being taken have proven to be unreliable. Although monitoring by chemical measurement, particularly a radioreceptor assay for urine samples, can be useful, depot injection ensures that prescribed medication is being taken. Less invasive means of promoting compliance are described; psychodynamic and ethical issues to be considered in the monitoring and promotion of compliance over extended time periods are presented. We also probe the link between medication noncompliance and behavioral relapse. The time between default and relapse is most often measured in weeks. Whether due to medication withdrawal or not, the relapse pattern of each individual tends to repeat, allowing its recognition before recidivism occurs. Restarting medication at this stage, especially with a dosage increase, is usually effective. In sum, the forensic mental health expert can now readily use a large and diverse literature to assist with a variety of significant issues.     

Cesare Beccaria: Utilitarian or retributivist?

Ever since Cesare Beccaria's On Crimes and Punishments first appeared in 1764, it has been common to regard its author as a theorist of criminal jurisprudence who stressed considerations of utility to the exclusion of considerations of justice. There is strong evidence for this view, and Beccaria was in many ways a forerunner of Bentham. There is, however, another side to Beccaria that has often been overlooked. In the way in which he established the right of the sovereign to punish and in his concern for the rights of the criminal (rights which no consideration of utility could override), Beccaria showed that he was much closer to the outlook commonly associated with Kant and Hegel than one would at first suspect. Though there were utilitarian aspects to his thought, Beccaria may be considered basically a retributivist who incorporated certain obvious, though by no means dominant, utilitarian themes into his work. In blending utilitarianism and retributivism, Beccaria was usually consistent, and he usually gave greater emphasis to the former.     

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.     

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.     

The false memory syndrome: Clinical/legal issues for the prosecution

Early trauma, especially alleged recollected sexual or ritualistic abuse, has dominated both the clinical and legal systems recently. The clinical/legal challenge is to discern between true abuse and false memories. Modern medical technology has provided new insights into the operation of the brain along with the central and peripheral nervous systems and their relationship to the endocrine system. We now have a better understanding of how our system processes trauma and severe anxiety. An understanding of trauma recollection and client's susceptibility to causal suggestions from the neuropsychological perspective is crucial when these types of abuses are alleged.