Free press and fair trial: The role of behavioral research

The growth of mass media has complicated the relatioship between the courts and the media. Free press and fair trial rights are kept in balance by the use of judicial restraints and remedies such asvoir dire, change of venue, and gag orders. This balance has shifted back and forth during the past two decades. Current case law and legal codes are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. Nor is there a body of empirical research on the impact of news coverage and juror behavior capable of informing the courts at this time. In this paper, we review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial. We argue that carefully conducted empirical research could provide important information to the courts. We suggest research directions and methodological caveats to increase legal relevance and scientific validity.     

Two models of the urban crisis: An analytical essay on banfield and forrester

This essay examines the arguments and evidence used in two recent models of the urban crisis—Edward C. Banfield'sThe Unheavenly City and Jay W. Forrester'sUrban Dynamics. Although Banfield's model is sociological and Forrester's is economic and physical, both imply that not much can be done to alleviate urban problems and that positive programs may make them worse. The authors of this critique contend that the articulation of argument and evidence is inadequate to support the implication. They advocate that promising current programs be refined on the basis of evidence and experience and that policymakers continue to search for efficient new programs through social experiments.     

Opening the Mexican political system: Public opinion and the elections of 1994 and 1997

Over the past decade, the proliferation of election surveys has worked to undergird the electoral system in Mexico and to make electoral fraud more difficult. In the presidential elections of 1994, significant controversies arose as to survey methodologies, but by the congressional elections of 1997 the fierce debates over methodologies had subsided. Substantively, the surveys confirm the accuracy of the vote count in 1998, allow profiles of voters to be constructed for the three most important parties and mark declines in the support of the once dominant Partido Revolucionario Institucional.     

What Makes Conflict Resolution Possible?

Much of the negotiation literature emphasizes dispute resolution process, seemingly based on the assumption that resolution is indeed possible in a rational environment. The author outlines the history of transformations in social and political thought that have led to this shared assumption. However, the rationality assumption is seriously challenged in the contemporary era by terrorists and others who predicate their actions on a moral certitude that justifies their actions, no matter what the costs. Interveners perhaps should place more emphasis on changing the environment in which disputes occur, so that resolution is at least a possibility.