Judicial Federalilsm and Equality Guarantees in State Supreme Courts

The new judicial federalism emphasizes state court relianceon state constitutional grounds for the enhanced protectionof individual rights. Commentary in the legal literature givesthe impression of much state court activism in this area. However,a quantitative analysis of 2,286 equal protection cases decidedby state supreme courts between 1975 and 1984 shows much lowerlevels of the exclusive use of state constitutions. The dataalso reveal significant regional variations in the nature ofequal protection cases filed, the types of alleged discrimination,the use of independent and adequate state grounds, and the frequencyof judicial invalidation of state action. These variations areexplored in terms of political culture, the institutional featuresof the state judiciary, and the content of state bills of rights.     

Measuring the cost-efficiency of basic research investment: Input-output approaches

Restricted research budgets, expanding claims for resources, and steeply escalating costs have increased the demand for methods that establish or predict the efficiency or productivity of expenditures on basic research. Irvine and Martin (I-M) have recently advocated head-to-head efficiency comparisons of research performers using publications and citations. This paper (1) criticizes the I-M approach from the perspective of economics and policy analysis; (2) illustrates the natural production function extension of the I-M approach; (3) demonstrates, by worked out examples, the feasibility of such an extension along with its pitfalls; and (4) argues that combined econometric-bibliometric modeling can be used to improve research allocations with only modest increases in agency “transaction” costs. The paper presents a prototype efficiency analysis using recent NSF data for the behavioral and neural sciences.     

Exploring Regionalism in the Federal District Courts

This study explores regionalism in the appointment and decisionmakingpatterns of federal district judges. We begin with an examinationof the general appointment strategies of Ronald Reagan, JimmyCarter, and other recent presidents. The role of local constraintsin this process is emphasized. Next, the behavior of federaldistrict judges appointed by recent presidents is analyzed bycomparing levels of support for civil rights and civil libertiesclaims in cases decided during the 1977–1985 period. TheReagan appointees' support scores are compared with those ofjudges appointed by Carter and other recent Democratic and Republicanpresidents. Comparisons are made in the nation as a whole andalso across circuits and states. Our findings indicate thatthe Reagan appointees are less supportive of civil rights andliberties claims than judges named to the bench by Carter orother recent Democratic and Republican presidents.     

The Liberal Justification for Local Government: Values and Administrative Expediency

There are several important justifications for autonomous units of local government, derived from the writings of J. S. Mill and later theories concerning the value of pluralism. These arguments fail to show that local government is a morally necessary, as opposed to expedient, adjunct to liberal-democratic government. The paper develops from J. S. Mill's ideas on liberty a more substantive justification for local government based on the principle that local government can be a means for ensuring that the determination of collective decisions are made solely by those people affected by the decision.     

The economic analysis of public law

Law and economics in the United States and Europe focuses on private law. With the exception of work on antitrust and corporate finance, public law has been largely ignored. Yet economics is central to the understanding of social problems, such as environmental protection and occupational health and safety. Lawyer-economists need to study the relationship between government structure and policy outcomes. Economists must consider goals, such as democratic accountability and participation, which do not fit an efficiency framework.Lawyers and public officials need to recognize the social benefits of efficiency. Such legal-economic analysis can reveal failures in the way public law accommodates the practical reality of today's pressing social problems. It can also suggest solutions. In particular, economics can help with the design of substantive policies and with the analysis of government structures and process.     

Fire and suicide: a three-year study of self-immolation deaths.

Thirty-two self-immolation deaths by fire, representing about 1% of suicides, occurred in the province of Ontario (population 9 million), Canada, from 1986 through 1988. The victims, mostly male (male/female ratio, 26:6), were between 21 and 71 years old (mean age, 38 years). Although the scene of self-immolation was usually familiar to the deceased, some chose remote locations. Eleven were found dead in motor vehicles. An accelerant, usually gasoline, was used in most cases. Many of these individuals had, at some time, indicated their intent to commit suicide, a few by self-immolation, but only about half had a diagnosed psychiatric illness. Most of the victims had a reason to kill themselves, but the factors that motivated them to chose self-immolation by fire were uncertain. Fourteen individuals died in hospitals from severe burn complications. The remainder were found dead at the scene. The postmortem findings of soot in the airway and elevated carbon monoxide in the blood of most of these victims [the carboxyhemoglobin (COHb) concentration was in one case less than 10%, in ten cases greater than or equal to 10 to 50%, and in seven cases greater than 50%] were helpful in determining that the individuals were not only alive at the time of the fire but also that a significant number died from smoke inhalation and carbon monoxide poisoning. The highest levels of carbon monoxide were observed in victims discovered in motor vehicles.     

Racism and sexism at work

Both racism and sexism have had the effect of handicapping selected groups in terms of salary and access to jobs, promotions, and power. However, the categories of race and gender, and the experience of racism and sexism, differ in many ways. This article reviews the differences resulting from definitions of race and gender, as well as those differences stemming from historical, legal, and demographic factors. In particular, we focused on the interactive effects of racism and sexism in the experience of women of color. We examine the assumption that affirmative action operates equivalently for all racial and gender groups, and suggest some directions for further research.