Free Market Anti-Formalism: The Case of Richard Posner

This paper analyses the impact of the Law and Economics movement on legal decision making. Focussing on the position of the leading intellectual figure of this movement, Richard Posner, the author shows how his theories imply a silent revolution in American jurisprudence. Starting from the criteria of economic efficiency and wealth maximization, seen in the light of American pragmatism, Posner upholds anti-formalist interpretation of statutor law by judges based on the principles of free market economics. His theory starts from the assumption that statutor law has become more and more ambiguous and open-ended and thus, as in the case of antitrust law, judges can freely interpret legal provisions on the basis of free market postulates. This position has broader implications in the debate about the meaning of the rule of law: Posner's position implies abandoning the emancipatory core of the liberal tradition.     

An age of uncertainty: Building a post-cold war U.S. security strategy for east and Southeast Asia

The contours of the future U.S. security policy in the Asia-Pacific is a vexed question both in research literature and among American elites. There is no conformity either in threat perceptions or concrete methods of security policy. However, the region is recognized by all competitive groups as a critical area for U.S. national interests presently and in the foreseeable future. This article explores the major security challenges that America faces in the region; including China-Taiwan and other local conflicts, conventional arms race and nuclear proliferation, generational transition and nontraditional threats. The article reviews Clinton administration policy in the region and explains the nature of the U.S. domestic debate on the Asia-Pacific.     

Ferdinand Tönnies: A Candidate for the Canon?

Tönnies' classic work develops an account of contrasted models of society and associated personality types: a rational choice one and a communitarian one. There is a related philosophy of history, torn between nostalgia and modernity. He looks forward to a resolution of these oppositions which is socialist and loosely Marxist while rejecting the command economy and historical inevitability. These themes are saturated with ideas of gender, which are used to illuminate the human being, social relationships and history. His preferred socialist future is androgynous. All of this is richly elaborated, complex and relevant and eminently discussable.     

Instant winners: Legal change in transition and the diffusion of state lotteries

This paper investigates the determinants of legal change in a public choice framework. An empirical model explaining the timing and probability of decisions to adopt state-operated lotteries is developed. Employing a Tobit estimator and explicitly considering the effects of state-specific constitutional and political structures, spending and tax policies, and federal revenue importation, evidence is presented showing that legal change is much like economic change: Lotteries are more likely to be adopted and to be adopted earlier where the costs are lowest relative to expected benefits. State legislatures appear to be the main beneficiaries of this public choice process.     

Alternatives to NIMBY gridlock: voluntary approaches to radioactive waste facility siting in Canada and the United States

Abstract: Neither Canada nor the United States has sited a new radioactive waste management facility in more than two decades, despite the continuous generation of new waste and the paucity of reliable disposal capacity. Both nations have stirred up considerable political controversy in attempting to site such facilities, with aggressive local collective action consistently blocking proposals. Building on provincial experience in gaining public support for hazardous waste facility siting tlirough a voluntary, comprehensive process, both Ontario and Nebraska Show signs of devi?ting from the classic Not-in-My-Back-Yard (NIMBY) response for low-level radioactive waste. Through a variation of the process used successfully in Alberta and Manitoba for hazardous waste, Ontario and Nebraska have demonstrated the potential applicability of these alternative siting principles for radioactive waste. Sommaire: Ni le Canada, ni les États-Unis n'ont construit de nouvelles installations de gestion des déchets radioactifs depuis plus de deux décennies, malgré la production continuelie de déchets supplémentaires et malgré la faible capacité d'élimination fiable. Les deux nations ont déclenché des controverses politiques considérables en essayant de mettre en place de telles installations, et leurs propositions ont été bloquées systématiquement et agressivement par les collectivités locales. Forts de certaines expériences provinciales pour gagner le soutien du public ewers l'emplacement d'une installation de déchets dangereux grâce à un processus volontaire et extensif, l'Ontario et le Nebraska semblent dévier de la réaction classique “ pas dans ma cour ” en ce qui concerne les déchets faiblement radioactifs. Par l'entremise d'une variante du processus utilisé avec succès pour les déchets dnngereux en Alberta et au Manitoba, l'Ontario et le Nebraska ont démontré qu'on pourrait éventuellement appliqucr ces principes de rechanpe pour l'emplacement des installations traitant les déchets radioactifs.     

An extension of Marcia's Identity Status Interview into the interpersonal domain

This article describes an extension of Marcia's (1966) Identity Status Interview into three interpersonal domains: friendships, dating, and sex roles. The Identity Status Interview method is assessed favorably in terms of identity theory, justification for the three new sections is provided on the basis of theory and research on sex differences in adolescent identity, and methodological refinements in the interview are described. A study is reported in which the extended interview was administered to 41 male and 40 female high school juniors and seniors. Average percentage of exact agreement for ratings of exploration, commitment, and identity status was over 70% when two coders were used and over 94% when the ratings of two out of three coders were used. It is concluded that this extended interview is psychometrically sound and provides a method for assessing interpersonal issues salient to contemporary adolescents.This work was supported in part by a grant from the Office of the Vice President for Academic Affairs, University of Texas at Austin.Received his Ph.D. in child psychology from the University of Minnesota. Main Interest is the influence of the family on adolescent personality development, especially identity and vocational interests.Doctoral candidate in counseling psychology, with special interst in sex roles and adult development.Received Ph.D. in community psychology from the University of Texas at Austin. Main interests include adult development, communities, and spiritual growth.