Amicus Curiae and the Public Interest: A Search for a Standard1

Despite the widespread and influential presence of an increasingly partisan amicus curiae brief, the role of the "friend of the court" brief remains controversial. Changing rules of access and diverging recommendations for its behavior are associated with two distinct views of jurisprudence. A traditional understanding of adversarial proceedings emphasizes the individual interests of the litigants, and correspondingly excludes consideration of non-parties and the general public. An alternative to the traditional, individual-based, liberal jurisprudence (and its skepticism toward public interest arguments) is a recognition of the need to integrate individual and public interests and to find a coherence between them.
The skeptical view of the public interest can be avoided by adopting a post-empiricist view, which recognizes a plurality of interpretations of the public interest. The amicus curiae role, if given wide access, can serve as a tool of inclusive pluralism, which recognizes a diversity of views regarding the public interest and the impact of legal decisions on the public.     

POVERTY,INFANT MORTALITY,AND HOMICIDE RATES IN CROSS-NATIONAL PERSPECTIVE: ASSESSMENTS OF CRITERION AND CONSTRUCT VALIDITY*

This article assesses the extent to which the infant mortality rate might be treated as a “proxy” for poverty in research on cross-national variation in homicide rates. We have assembled a pooled, cross-sectional time-series data set for 16 advanced nations from the 1993–2000 period that includes standard measures of infant mortality and homicide and contains information on the following commonly used “income-based” poverty measures: a measure intended to reflect “absolute” deprivation and a measure intended to reflect “relative” deprivation. With these data, we assess the criterion validity of the infant mortality rate with reference to the two income-based poverty measures. Also, we estimate the effects of the various indicators of disadvantage on homicide rates in regression models, thereby assessing construct validity. The results reveal that the infant mortality rate is correlated more strongly with “relative poverty” than with “absolute poverty,” although much unexplained variance remains. In the regression models shown here, the measure of infant mortality and the relative poverty measure yield significant positive effects on homicide rates, whereas the absolute poverty measure does not exhibit any significant effects. The results of our analyses suggest that it would be premature to dismiss relative deprivation in cross-national research on homicide, and that disadvantage is conceptualized and measured best as a multidimensional construct.     

PUBLIC SERVICE VALUES: A NEW APPROACH TO THE STUDY OF MOTIVATION IN THE PUBLIC SPHERE

This article details an approach for empirically eliciting and examining public service values and their impact on decisions made by public servants. The approach involves adaptation of the Schwartz Portrait Values Questionnaire such that it: (1) elicits values relevant to an individual's public service role rather than broad personal values; and (2) incorporates values omitted by the Schwartz framework, including those identified by Jørgensen and Bozeman and others. To examine the impact of public service values on specific public management decisions, we use structured decision context statements similar to those proposed by Tetlock. We find that: (1) the adapted instrument maps favourably to the Schwartz personal value space; (2) the public service values space includes value sets that expand and refine the personal value space defined by Schwartz; and (3) the public service values elicited can be used to predict decisions made by respondents in specific public service decision contexts.     

Research Note: On the inverse relationship between votes and proximity for niche parties

Abstract.  Do niche parties occupying left-right policy positions that diverge sharply from the centre of the voter distribution gain more popular support than those moderately positioned along the left-right continuum? Cross-sectional analyses, based on observations from twelve Western European countries from 1984–1998, are presented that suggest the answer is 'yes'. By contrast, these analyses strongly suggest that for mainstream parties, policy radicalism depresses popular support. The implication of these findings is that for niche parties, it is the distinctiveness of their left-right positions that enhances their competitiveness in democratic elections. While this finding runs counter to the intuition of standard spatial theory, it is consistent with recent dynamic accounts of niche party responsiveness to shifts in public opinion and electoral support for niche parties. These findings have implications for party strategies, spatial theories and the understanding of political representation.     

Legal Aim, Discretion, and Social Control

This study attempts to ascertain how the legal a i m of rehabilitation are applied, as well as their social control consequences for a group of offenders sentenced under the Federal Youth Corrections Act (FYCA) of 1950. Discriminant function analyses were conducted on a random sample of 452 persons selected f o r a "special" FYCA rehabilitative disposition and 758 persons accorded a regular punitive disposition, to determine 1) the factors that influence the judge's choice between these two outcomes; and 2) if persons sentenced under the special rehabilitative provision spend more or less time incarcerated, relative to those given a regular disposition Our analyses indicate that age is the single discriminator of much significance in determining whether an offender is given a FYCA or regular disposition, with younger persons more likely to receive rehabilitative treatment. Little support was found for the contention that greater intrusiveness of social control inevitably results from adoption of a rehabilitative form of social control as opposed to a regular punitive disposition. The implications of these findings for the application and consequences of the FYCA are discussed.     

MIDDLE MANAGEMENT AND POLICE DEMOCRATIZATION: A Reply to John E. Angell

This article responds to John Angell's (1971) proposal to abolish police middle management. With use of the data from a seven-city study of team policing (Sherman et al., 1973) and Tannenbaum's (1968) framework of control in organizations, the past obstructions and potential uses of middle management to police change are discussed. Rather than abolish or neutralize mid-management, I propose to expand their support functions as a positive aid to change.     

Doctors,Lawyers, and Malpractice Insurance: Is Physician Discipline or Legal Restrictions the Answer?

Legislatures have made numerous attempts to reduce medical malpractice costs by changing the legal rules governing malpractice suits. Additional changes through physician discipline are also under consideration. This paper - tests whether these changes have had the desired effects, using cross-state data. The empirical findings are that the results of changes in the legal rules are generally as expected, but that physician discipline seems to have little impact on either insurer costs or insurance rates, even after the discipline rules have been in effect for up to four years.