Does the Unconstrained Legal Actor Exist?

Abstract. The unconstrained legal actor, typically a judge, is a central character in modern jurisprudence. He is feared by legal formalists, legal positivists, and Ronald Dworkin alike. He is lauded by some legal realist and critical legal studies theorists. Stanley Fish says that all of this theorising is pointless because the unconstrained legal actor cannot exist. My paper evaluates Fish's arguments for this surprising position.     

Military Base Closures and the 1996 Congressional Elections

This article examines the extent to which changes in distributional benefits influence congressional election outcomes. Although conventional wisdom holds that a direct link exists between distributional benefits and electoral outcomes (Mayhew 1974b), recent evidence suggests that this link only exists under certain circumstances (Stein and Bickers 1994). In this article, I use 1995 military base closures to test the nature of the relationship. Contrary to recent research on the politics of pork barreling, my findings indicate support for a direct relationship between major base realignments and closures and House electoral outcomes. Specifically, major realignments and closures significantly decreased first‐year Democrats' vote margins in the 1996 House elections.     

AGE,DIFFERENTIAL EXPECTATIONS,AND CRIME DESISTANCE*

We specify an individual-level model linking crime desistance to estimates of legal risk, differential expectations, degree of past success at legitimate and criminal pursuits, and age. OLS and logistic regression procedures are used to estimate the model using longitudinal data on serious, previously imprisoned offenders. As predicted, age decreases estimates of the likely payoffs from crime and legitimate employment. Contrary to predictions, age is unrelated to the perceived legal risk of renewed criminal participation. Age, past success at avoiding confinement, expectations of success from crime, and level of education are significant predictors of crime desistance. Neither the perceived legal risk of crime nor expectations of success through straight pursuits significantly predict desistance. We suggest an interpretation for these anomalous findings.