... And justice for all

African American, Hispanic American, Asian American, and European American students rated their procedural preferences in response to a hypothetical conflict scenario and then recalled a real dispute in which they had been involved. Subjects of all four ethnicities and of both genders preferred persuasion and negotiation to other options. There were significant, ethnic and gender differences in preferences, as well as differences for the nature of the relationship and the nature of the issue, but these differences were small in comparison to the overall pattern of procedural preferences. Reports of actual procedure use also showed differences in procedure use across genders, ethnicities, and relationship type, but the differences were relatively small. Procedural fairness was the strongest predictor of both procedural preference and affect toward actual procedure use.     

Then and Now: The Natural/Positivist Nexus at War: Auden's 'September 1, 1939'

This article returns to a little examined moment in the history of jurisprudence. A moment fleetingly considered, it has been ascribed, nevertheless, an iconic status in that history,² and it is meet to return to it now, at the war-shadowed dawn of the twenty-first century to consider how the juxtaposition of war with the positivist-Natural Law debate compares with the outbreak of an earlier war. The consideration of poetry alongside philosophy and jurisprudence permits reflection upon the history of ideas permeating many strands of thought and allows tentative conclusions to be drawn concerning implications for 'local' theory — especially 'Anglo-American' debate and the influence of discrete aspects of theory as they impinge one upon the other. The history also holds lessons for the very notion of theory itself — in the need to consider the 'tensile' properties of legal and political theory, any putative interactions between the formerly separate worlds of the analytic and normative, the 'natural' and 'positive'— particularly tested in the contingent event.     

Assembling E‐Government Research Designs: A Transdisciplinary View and Interactive Approach

There is a growing recognition in the field of e‐government that improving the quality and impact of research requires taking into account their complex contexts and drawing on more interdisciplinary and collaborative research. Limited attention so far has been directed toward the conduct of such research, particularly in contract‐based research arrangements for developing e‐government policy. A four‐nation study of public e‐procurement policy is used here to make transparent the process of designing and conducting transdisciplinary and interactive research. Further sharing of research designs and accounts is needed to advance theory, policy, and practice, and to develop a history of ideas in the e‐government research field.     

Buttery Guns and Welfare Hawks: The Politics of Defense Spending in Advanced Industrial Democracies

In this article, we present a new theory that, given the economic consequences of military spending, some governments may use military spending as a means of advancing their domestic non‐military objectives. Based on evidence that governments can use military spending as welfare policy in disguise, we argue that the role of ideology in shaping military spending is more complicated than simple left‐right politics. We also present a theory that strategic elites take advantage of opportunities presented by international events, leading us to expect governments that favor more hawkish foreign policy policies to use low‐level international conflicts as opportunities for increasing military spending. Using pooled time‐series data from 19 advanced democracies in the post–World War II period, we find that government ideology, measured as welfare and international positions, interacts with the international security environment to affect defense spending.     

Media evolution and public understanding of climate science

This paper employs public opinion data from a nationally representative probability sample to examine how information encounters and exposure to different media sources relate to individuals' beliefs about global warming. The analyses indicate that media source exposure (i.e., exposure to news and information about science presented through different media outlets), intentional information exposure (i.e., deliberate exposure to global warming news coverage), and inadvertent information exposure (i.e., unplanned exposure to news and information about science that is encountered online while searching for other forms of information) relate to beliefs about global warming, in significant and meaningful ways. Namely, the findings show that both intentional information exposure and inadvertent online information exposure associate with disbelief in human-made causes, catalysts, and consequences of global warming. Theoretical and social implications of the findings are discussed and contextualized in light of the rapidly evolving media environment.     

Horizontal Effect and the Constitutional Constraint

This article offers a new interpretation – the ‘constitutional constraint’ model – of the duty the Human Rights Act imposes on the courts to give horizontal effect to European Convention rights through the common law. The model requires courts to develop the common law compatibly with the Convention, but only where compatibility can be achieved by incremental development. We argue that models requiring more than incremental development are unsustainable; that deep constitutional norms compel the constraint of incrementalism, which is preserved under the HRA; and that by virtue of section 2 of the HRA, Convention rights function as principles rather than hard‐edged rights in this context. This further undermines the idea that the courts must strictly apply Convention rights and cannot allow them to be overridden by non‐Convention factors. The final section explores the nature of incrementalism in this context and the impact of the model on the doctrine of judicial precedent.