Distributive and Procedural Justice in Seven Nations

The paper examines the impact of distributive justice and procedural justice variables on judgments in seven countries (Bulgaria, France, Hungary, Poland, Russia, Spain, and the United States). Subjects were presented with each of two experimental vignettes: one in which the actor unsuccessfully appeals being fired from his job and one in which the actor unsuccessfully goes to an employment agency to seek a job; they were asked to rate the justness of the outcome and how fairly the actor had been treated. The vignettes manipulated deservingness and need of the actor (distributive justice factors) and impartiality and voice in the hearing (procedural justice factors). Four hypotheses were tested: first, a distributive justice hypothesis that deservingness would be more important than need in these settings; second, a procedural justice hypothesis that the importance of voice and impartiality vary depending on the nature of the encounter and the forum in which it is resolved; third, because of their recent socialist experience, Central and Eastern European respondents make greater use of need information and less use of deservingness information than Western respondents; and fourth, that distributive justice and procedural justice factors interact. The distributive justice hypothesis is supported in both vignettes. The procedural justice hypothesis receives some support. Impartiality is more important in the first vignette and voice is more important in the second vignette. The interaction hypothesis was not supported in the first vignette, but does receive some support in the second vignette. The cultural hypothesis is not supported in either vignette. The implications for distributive and procedural justice research are discussed.     

Asbestos populism in David Foster Wallace’s Infinite Jest

ABSTRACT

This essay considers the changing relationship between asbestos and populism, as both terms travel across different semantic contexts. It argues that this dynamic relationship can help to outline a populist ecology, through which resource actors such as asbestos play a more significant role than either populist leaders or their people anticipate. Drawing on David Foster Wallace’s Infinite Jest as a site for examining the implications of this asbestos-inflected populist ecology, the essay suggests new ways of linking the recent populism of Donald Trump to an older, more articulate populism, exemplified by Pierre Trudeau.     

Judicial Federalilsm and Equality Guarantees in State Supreme Courts

The new judicial federalism emphasizes state court relianceon state constitutional grounds for the enhanced protectionof individual rights. Commentary in the legal literature givesthe impression of much state court activism in this area. However,a quantitative analysis of 2,286 equal protection cases decidedby state supreme courts between 1975 and 1984 shows much lowerlevels of the exclusive use of state constitutions. The dataalso reveal significant regional variations in the nature ofequal protection cases filed, the types of alleged discrimination,the use of independent and adequate state grounds, and the frequencyof judicial invalidation of state action. These variations areexplored in terms of political culture, the institutional featuresof the state judiciary, and the content of state bills of rights.     

The economic analysis of public law

Law and economics in the United States and Europe focuses on private law. With the exception of work on antitrust and corporate finance, public law has been largely ignored. Yet economics is central to the understanding of social problems, such as environmental protection and occupational health and safety. Lawyer-economists need to study the relationship between government structure and policy outcomes. Economists must consider goals, such as democratic accountability and participation, which do not fit an efficiency framework.Lawyers and public officials need to recognize the social benefits of efficiency. Such legal-economic analysis can reveal failures in the way public law accommodates the practical reality of today's pressing social problems. It can also suggest solutions. In particular, economics can help with the design of substantive policies and with the analysis of government structures and process.     

Racism and sexism at work

Both racism and sexism have had the effect of handicapping selected groups in terms of salary and access to jobs, promotions, and power. However, the categories of race and gender, and the experience of racism and sexism, differ in many ways. This article reviews the differences resulting from definitions of race and gender, as well as those differences stemming from historical, legal, and demographic factors. In particular, we focused on the interactive effects of racism and sexism in the experience of women of color. We examine the assumption that affirmative action operates equivalently for all racial and gender groups, and suggest some directions for further research.     

How long after waterproofing a deck can you still isolate an ignitable liquid?

Dried, treated wood was sealed with Thompson's WaterSeal "Clear Multi-Surface Waterproofer" and exposed to outdoor, summer conditions. Sections of the sealed wood were then periodically tested and analyzed in accordance with ASTM methods. The WaterSeal contained a medium petroleum distillate (MPD) as a solvent for a wax. The treated lumber contained a background of aldehydes that could mimic a dearomatized MPD if not carefully investigated by the analyst. The MPD of the WaterSeal was detectable 14 days, but not 27 days after application with exposure to relatively hot, dry and sunny weather conditions. The test was repeated with the MPD detectable 16 days, but not 20 days after application with exposure to cooler and wetter weather conditions. The testing demonstrates the need for a thorough and complete investigation by the fire investigator and the submission of comparison samples to the laboratory.