Abstract principles and concrete cases in intuitive lawmaking

Citizens awaiting jury service were asked a series of items, in Likert format, to determine their endorsement of various statements about principles to use in setting child support amounts. These twenty items were derived from extant child support systems, from past literature and from Ellman and Ellman's (2008) Theory of Child Support. The twenty items were found to coalesce into four factors (principles). There were pervasive gender differences in respondent's endorsement of the principles. More importantly, three of these four principles were systematically reflected, in very rational (if complex) ways, in the respondents' resolution of the individual child support cases they were asked to decide. Differences among respondents in their endorsement of these three principles accounted for differences in their patterns of child support judgments. It is suggested that the pattern of coherent arbitrariness (Ariely et al., Q J Econ 118(1):73-105, 2003) in those support judgments, noted in an earlier study (Ellman, Braver, & MacCoun, 2009) is thus partially explained, in that the seeming arbitrariness of respondents' initial support judgments reflect in part their differing views about the basic principles that should decide the cases.     

A Randomized Comparative Effectiveness Trial of Two Court‐Connected Programs for High‐Conflict Families

Parents who experience great amounts of legal conflict as they dissolve their relationship and arrive at their parenting arrangements require an outsize proportion of courts’ time and resources. Additionally, there is overwhelming evidence that conflict has a deleterious effect on their children. We partnered with the family court to conduct a study comparing the effectiveness of two programs for families deemed by their judge to be high conflict and thereby mandated to a program. Both involved one 3‐hour session; the existing program, Parent Conflict Resolution (PCR), used exhortational lecture and video; the newly designed experimental program, Family Transitions Guide (FTG), based on motivational interviewing, employed exercises attempting to get parents to decide for themselves what they needed to do for the sake of their children. Parents were assigned at random to one of the two programs (the literature often terms this a randomized clinical trial) and were interviewed just before it began and 9 months later, as was a child. Results showed that child's report of their own well‐being was significantly improved by FTG as compared to PCR and that these effects were mediated by children feeling less caught in the middle. On several variables, parent report showed that parents in PCR as compared to FTG felt decreased problems in co‐parenting and less interparental conflict, although the effects were not consistent across mother and father report. There was also evidence of diminished legal conflict over 9 months in FTG as compared to PCR.     

America and the Peace Talks

Abstract

During the ‘cleaning house’ period of a new administration, we are usually barraged with predictions of how all the changes will affect policy. New appointees and their past records are carefully scrutinized by the prognosticators. Such is the case with the newly chosen implementers of American Vietnam strategy. Henry Cabot Lodge is noted for his unbending anti-Communism. Henry Kissinger comes through as the hard-nosed intellectual with new, realistic solutions for the Vietnam dilemma. Ellsworth Bunker is the behind-the-scenes diplomat deferring punctiliously to Saigon's grievances. And yet what is most striking after two months of transition and new faces added to or replacing the old, is that the political climate in Washington and Paris and the traditionally defined objectives of American policy in Asia are basically unchanged. Looking at the resumption of the Peace Talks in Paris, it is already clear that basic American assumptions — and not personalities — will determine the American position in the months ahead.     

Reviews

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The Color of Devolution: Race, Federalism, and the Politics of Social Control

In this article, we seek to advance scholarship on the origins and consequences of policy devolution by analyzing state decisions to give local authorities control over welfare policy. The first part of our analysis explores the political forces that systematically influence state decisions to cede policy control to lower-level jurisdictions. In this context, we propose a general Racial Classification Model of how race influences social policy choice. Our findings support this model as well as social control perspectives on welfare provision. Building on these results, we then show how modest but consistent racial effects on policy choices concatenate to produce large disparities in the overall policy regimes that racial groups encounter in the federal system. The empirical findings illuminate the fundamental role that federalism plays in the production of contemporary racial disparities and in the recent turn toward neoliberal and paternalist policies in American poverty governance.     

Qualitative Leverage and the Epistemology of Expert Opinion

We discuss the motivation for integrating qualitative informationin statistical models of complex, partially observable causalmechanisms and suggest ways to minimize the dangers posed byBraumoeller and Kirpichevsky. We stress the importance of linkingour statistical estimators to underlying theories of the datagenerating process, qualitative or otherwise.     

The Effects of Joint Legal Custody on Mothers,Fathers, and Children Controlling for Factors That Predispose a Sole Maternal versus Joint Legal Award

Findings from comparisons of joint and sole custody families that do not control for predivorce differences in demographic and family process variables (factors that may predispose families to choose or be awarded joint custody) are of limited generalizability, since obtained group differences may be attributable to predisposing (self-selection) factors, custody, or both. This study compared a random sample of 254 recently separated, not-yet-divorced families on 71 predivorce variables that might plausibly differentiate between families awarded joint legal versus sole maternal custody. Twenty such factors were identified and controlled for in subsequent comparisons of 52 sole maternal and 26 joint legal custody families 2 years postdivorce. Families with joint custody had more frequent father–child visitation, lower maternal satisfaction with custody arrangements, more rapid maternal repartnering, and fewer child adjustment problems (net of predivorce selection factors). Moreover, these effects did not appear to be moderated by level of predecree parental conflict. No association between custody and fathers' compliance with child support orders was obtained.