The ordinary and the extraordinary in institutional litigation

Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.     

The practical labor lawyer: an employers' guide to strike contingency planning

An employer's capacity successfully to survive a strike will depend largely on the extent to which it has anticipated the strike and taken the steps necessary to defend against it. It is the purpose of this article to catalog the factors employers should consider in approaching an imminent strike and devising contingency plans. It attempts to focus on the types of problems, legal and practical, that frequently arise in strike situations, and suggests certain measures that employers may adopt in preparing for, and defending against, the economic impact of a strike.     

Mnemic disturbances following experimental alcohol-tranquilizer application (author's transl)

Mnemic disturbances occurred in 8 of 14 subjects during a pharmcopsychological investigation of possible interactions between alcohol and dipotassium chlorazepate (Tranxilium). The blood alcohol concentrations were between 0.87% and 1.32%; the serum concentrations of the active metabolite nordiazepam were in the therapeutic range between 145 ng/ml and 345 ng/ml. The constitutional, dispositional, and situative conditions are presented. The forensic medical interpretation of such mnemic disturbances must be made critically and with reservation when evaluating a psychopathological state.     

Experiments in filtering political opinions

Changes in the wording of core measures of political attitudes in the American National Election Studies have generated a good deal of controversy about artifactual sources of change in the U.S. electorate. This research, based on several field experiments and replications, investigates the effects of using or not using various types of opinion filter questions that have appeared in the SRC/CPS series over the years. The analysis shows that the use of a filter interacts significantly with a respondent's level of education and interest in politics, particularly the latter, in determining whether a respondent will offer an opinion on a given public policy issue. But the study also demonstrates that such an interaction occurs primarily when the question about interest in politics is askedafter, rather thanbefore, a set of political issue items. In interpreting these order-and-context effects the authors develop a self-perception model of how respondents infer their interest in politics from information that isavailable in memory about their own behavior in the survey interview.     

Working with intergovernmental agreements – the Canadian and Australian experience

Abstract. Intergovernmental agreements represent one of the most significant yet least known or understood elements in the transformation of the Westminster system of government in the fédérations of Canada and Australia. They have come into being for a variety of reasons and to serve many purposes but their proliferation has been gradual, constant and silent. The central problem is the question of who is to be held accountable for the création and implementation of these agreements, to whom, and in what manner. For die most part such agreements are designed away from public scrutiny by the executive and implemented for fixed periods of time by methods which escape any searching analysis or debate in municipal, provincial, or national parliaments. Public servants are intimately involved in this process. This paper examines the reasons why intergovernmental agreements come into being, their nature and purpose, and the problems they have caused in the two countries. A number of solutions are suggested to overcome these problems before the situation becomes completely out of control. Sommaire. Les accords intergouvernementaux représentent l'un des elements les plus importants, et pourtant l'un des moins connus, de la transformation du systeme Westminster de gouvernement dans les fédérations du Canada et de l'Australie. Leurs raisons d'etre et leurs objectifs sont multiples mais leur proliferation, toujours progressive et constante, a été passée sous silence. Le principal probléme est de savoir qui détient la responsabilité de la création et de la mise en oeuvre de ces accords, a qui et comment il faut en rendre compte. lis sont, pour la plupart, concus par I'exeeutif, loin du public et mis en vigueur pour des périodes de temps définies, en se servant de méthodes qui les dérobent a l'analyse et aux débats des parlements municipaux, provinciaux ou nationaux. Les fonctionnaires participent de très près à ce processus. L'auteur de cette communication examine les raisons d'etre de ces accords intergouvernementaux, leur nature et leur but, ainsi que les problèmes qu'ils ont causes dans les deux pays. II propose un certain nombre de solutions pour surmonter ces derniers avant qu'il n'existe plus aucun moyen de reprendre la situation en main.     

Evaluation of automobile safety regulations: The case of compulsory seat belt legislation in Australia

A basic tenet of the new conservatism in political economy is that government policies frequently lead to unintended consequences which may offset the benefits of the policy. Auto safety legislation may be a case in point. As the first country to make the wearing of seat belts compulsory, Australia is highly suitable as a case study. Traffic accident casualties were regressed on six independent variables for the pre-seat belt period 1949–71. The equations were then used to predict casualties for the period 1972–77, using the actual values of the independent variables. In the aggregate, predicted occupant casualties were higher than the actual rates, whereas non-occupant casualties were underpredicted by the equations. An additional test, using a dummy variable to predict the effect of seat belts, supported these conclusions. The results are consistent with the hypothesis that drivers respond to a reduction in risk by increasing driving intensity, shifting some of the welfare cost of auto safety legislation on to non-occupants, whose casualty rates are higher than they would have been in the absence of seat belt legislation.I am grateful to Chris Adam and to an anonymous reviewer for helpful comments and suggestions.