Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals

Students of judicial behavior have increasingly turned to strategic accounts to understand judicial decision making. Scholarship on the Supreme Court and state high courts suggests that the decision to dissent is better understood in light of strategic considerations rather than simply reflecting ideological disagreement. We investigate whether these findings comport with behavior by judges on the U.S. Courts of Appeals. We develop a spatial model of the decision to dissent that incorporates both attitudinal and strategic elements and subject this model to empirical analysis. We find that ideological disagreement between a judge and the majority opinion writer is a more persuasive explanation of the decision to dissent than a strategic account in which a judge conditions a dissent on whether circuit intervention would obtain the judge's preferred outcome. Though we do not discount the existence of other types of strategic behavior on the Courts of Appeals, our research suggests that strategic accounts of dissenting behavior are not generalizable to all courts .     

Long–Serving City Managers: Why Do They Stay?

The literature on council–manager government often mentions the political difficulties that city managers face with their elected officials and constituent groups. In addition, the generally accepted route to success for city managers is to move to larger and better–paying cities. As a result of these push–and–pull factors, the average tenure of city managers is short. There are, however, a relatively small number of city managers who enjoy long tenure in single cities. The authors identified the 146 city managers who are serving and have served for at least 20 years the same city and sought to determine the factors leading to their long service. The survey indicates that long–serving city managers are more likely to be found in smaller cities that are homogeneous and politically stable. The majority of these city managers are white males with above–average educational levels, strong support from elected officials, and personal commitments to the cities they serve.     

Environmental Justice and Information Technologies: Overcoming the Information-Access Paradox in Urban Communities

Scientific studies and resident testimony suggest that urban residents in low-income and minority communities have been subject to an unequal burden of environmental pollution and inequitable environmental enforcement practices. A key component of the equitable development and implementation of environmental policies is the participation of citizens and community-based organizations in the policy process. Such participation rests upon equitable access to agency-generated environmental information and effective use of that information by citizens. This article focuses on the adoption of Internet technologies by environmental agencies as a mechanism for disseminating information and the implications for low-income and minority residents in urban communities. A framework is developed to guide a programmatic response to overcome these implications. The results from several community-based projects are described and analyzed for their capacity-building effectiveness. Analysis of the projects indicates improvement in community capacity for information access and use, which bolstered community participation in the environmental decision-making process.     

The Measurement of Adolescent Psychological Health: One or Two Dimensions?

Psychological health in adult populations has been conceptualized as being comprised of two distinct, though related, dimensions: well-being and distress. Research into adolescent psychological health, however, has been dominated by a single factor approach with well-being and distress defining opposite ends of this continuum. Measures of psychological health were administered to 345 late adolescents. A series of confirmatory factor analyses supported an oblique two-factor model of psychological health with measures of anxiety and negative affect defining a distress construct and measures of positive affect, satisfaction with life, and happiness defining a well-being construct. A measure of depression loaded on both well-being and distress. It is concluded that although these two dimensions are highly correlated, they are distinguishable in adolescent samples. It is suggested that to avoid confusion in the literature authors should take more care in labeling the aspects of psychological health that they wish to assess.     

Bureaucrats and Indians in a Contemporary Colonial Encounter

This article investigates the effects of the National Environmental Policy Act of 1969 in structuring an encounter over a decision about building a dam in central Arizona. From the vantage point of three groups with deepinvestments in the outcome of this decision, it analyzes how the interests and identities of these parties were transformed as a result of this encounter. In defining standing and the terms of relevance, in providing a political forum, and in requiring these groups to explain themselves to others, this law powerfully mediated the politics surrounding this controversial decision.     

Reduction in Recidivism in a Juvenile Mental Health Court: A Pre‐ and Post‐Treatment Outcome Study

A review of an evaluation of the Court for the Individualized Treatment of Adolescents (a prototype Juvenile Mental Health Court in Santa Clara, California) is presented along with admission criteria. Participant demographics are described. McNemar Test and Paired T Test results show that study participants committed violent, aggressive, and property crimes in significantly lower numbers in the 23 months following court admission than in the 18 months preceding court admission, despite escalating patterns of antisocial behavior prior to court involvement. The importance of developing multidisciplinary models to address moderately severe offenders with serious mental illness is discussed.     

The Right to Be Racist in College: Racist Speech,White Institutional Space,and the First Amendment

Throughout the post–civil rights era, colleges and universities across the United States have periodically experienced explicitly racist incidents on their campuses. From the hurling of racial slurs at students of color, to the hanging of nooses on campus, to students donning Ku Klux Klan outfits or throwing “ghetto” parties that caricaturize communities of color, these incidents challenge the notion that modern racism has changed to a more subtle form, referred to as color‐blind racism. We place these incidents within a broader context of race and institutions, suggesting a connection between overt racist expressions and the more covert elements of neoliberal color‐blind racism. Through a critical discourse analysis of news stories about these incidents, the website of the Foundation for Individual Rights in Education, and the controlling legal cases involving racist expression on campuses, we suggest that explicitly racist incidents operate in tandem with neoliberal educational policies and color‐blind racism to mark and reinscribe colleges and universities as white institutional spaces.