Lay Juries, Professional Arbitrators, and the Arbitrator Selection Hypothesis

Do civil juries follow the broad dictates of the law? For example,do those plaintiffs who suffer greater damages receive greaterawards? Are juries consistent? Do juries empty deep pockets?In many states automobile accidents are first tried by a professionalarbitrator and then by a jury if one of the litigants is dissatisfiedwith the outcome. How do the decisions made by professionalarbitrators compare to the decisions made by juries? This articleseeks to answer these questions by first developing a modelof arbitrator selection and then undertaking an empirical studyof 380 automobile accident cases that went through both an arbitrationand a jury trial.     

"Our Usable Past": A Historical Contextual Approach to Administrative Values

In responding to Professor Lynn's criticism that the field of public administration has been insufficiently attentive to law, this article offers an alternative perspective on the source of administrative legitimacy. Leonard White understood that public administration is shaped by its broader context. It does not assert its own values but, in an effort to maintain legitimacy, reflects the political and cultural values of its environment. In White's time, the extraordinary challenges that the state faced, and its subsequent transformation, demanded a management capacity that previously had not existed. While the role of law as a formal means of control is generally accepted, it must take its place with management and other administrative values in the exercise of legal discretionary behavior. Asserting law, or any other single administrative value, as dominant undercuts other values that act as sources of legitimacy.