Book reviews

Handbook of Legal Information Retrieval Edited by J Bing, Norwegian Research Centre for Computers and Law, Oslo, in co‐operation with T Fjeldvig, T Harvold and R Svoboda North‐Holland 1984, US $96.25

Information Technology: The Challenge to Copyright. James Lahore, Gerald Dworkin and Yvonne Smyth Sweet & Maxwell and The Centre for Commercial Law Studies 1984, £12.00

Data Processing and the Law Edited by Colin Campbell Sweet and Maxwell 1984, £20.00

Le droit des Contrats Informatiques — Principes — Applications Centre de Recherches informatique et droit des Facultes Universitaires de Namur Maison Ferdinand Larder (Brussels), 1983, 45 FB

Computer Insecurity Adrian R.D. Norman Chapman and Hall 1983, £14.95

The Data Protection Act Richard Sizer and Philip Newman Gower Publishing, 1984, £16.95

The Data Protection Act 1984 Professor Bryan Niblett Oyez Longman Publishing, 1984, £18.00

The Data Protection Act 1984 — A Guide to the New Legislation J. A. L. Sterling CCH Editions, 1984, £15.00

Privacy and Data Protection — An International Bibliography Professor David H. Flaherty Mansell Publishing, 1984, £23.50

Computer Contracts R Morgan & G Stedman Oyez Longman Publishing 1984, 2nd Edition, £27.50

Computer Contracts Handbook Michele Rennie Sweet & Maxwell 1984, £15.00

Computer Contracts — An International Guide to Agreements and Software Protection Hilary Pearson Financial training 1984, £14.95     

EEOC guidance on psychiatric disabilities: many problems, few workable solutions

The EEOC recently issued "Enforcement Guidance" on psychiatric disabilities under the Americans with Disabilities Act. Although the Guidance provides clarification of a few issues involving mental disabilities under the ADA, in most respects the Guidance is problematic. For example, the Guidance suggests that the inability to get along with a supervisor or coworkers may constitute a disability under the ADA, that an employer may have to "accommodate" a disabled employee's misconduct, that an employer cannot require an employee to follow doctor's orders as a condition of employment, and that an employer may be obligated to modify work rules and procedures to accommodate a mentally disabled employee but is prohibited from explaining to coworkers why it is making such modifications. As the EEOC's Guidance exceeds or conflicts with the ADA in some respects and is largely unworkable in many respects, it remains to be seen how many courts will actually follow it.     

Mental disabilities under the ADA: a management rights approach

While numerous sources have focused on employee rights and employer obligations under the Americans with Disabilities Act, this article will emphasize employer rights with respect to mental disabilities under the ADA. Specifically, it addresses the ADA's definition of "mental disability," the right of employers to screen job applicants in spite of the ADA, the conditions under which an employer may require an employee to undergo a "fitness for duty" examination, and the limits of the duty to "reasonably accommodate" an employee with a mental disability.     

Are non‐government policy actors being heard? Assessing New Public Governance in three Canadian provinces

This article is based on select results taken from a survey of NGO and provincial government policy workers. The purpose is to provide an empirically based assessment of how government and non‐government policy workers engage with one another in the policy process. The data suggest that policy co‐construction and co‐production are a significant feature of the process but there is some need for nuance. The data presented here indicate that the extent of policy engagement may not be as broadly inclusive as the proponents of New Governance suggest.     

Judging the “Vapid and Hollow Charade”: Citizen Evaluations and the Candor of U.S. Supreme Court Nominees

Supreme Court confirmation hearings have been famously called a “vapid and hollow charade” by Elena Kagan. Indeed, perceptions of nominees’ refusal to answer questions about pending cases, prominent political issues, or give any hint of their ideological leanings have become a cornerstone of the modern confirmation process. We investigate the extent to which this reticence to speak of their ideological views, or candor, influences how individuals evaluate the nominee. To this end, we present the results of a survey experiment which examines how support for a hypothetical Supreme Court nominee is affected by information, especially when a nominee is presented to be very forthright or very reticent in answering ideological questions during the confirmation hearings. We find that while partisan compatibility with the president is the main determinant of support for a nominee, nominees who refuse to answer ideological questions can bolster support from respondents who would not support them on partisan grounds. We supplement these findings with observational state-level support data from real nominees over the last 40 years.     

Pacifists and Revenge-Seekers in Response to Unambiguous Peer Provocation

In order to better understand why some children retaliate when they feel provoked and others do not, the present study identified “pacifistically-oriented” children who made negative interpretations in response to unambiguous provocations, yet did not endorse revenge goals, and compared them to “revenge-seeking” children who also made negative interpretations but did endorse revenge goals. Groups were identified based on seventh graders’ (N?=?367; 54.77% male; 22.89% racial/ethnic minority) responses to hypothetical situations in which a peer excluded and insulted them. Comparing these groups revealed that Pacifists endorsed relationship-maintaining goals and emotion regulation goals more highly than Revenge-Seekers. Revenge-Seekers reported more anger and endorsed beliefs about negative reciprocity and aggression being legitimate more highly than Pacifists. Additionally, Revenge-Seekers were more disrespect sensitive than were Pacifists, based on a measure of vigilance for signs of disrespect and expectations that others would disrespect them. Together these findings point to social-cognitive and emotion-related processes that may inhibit revenge-seeking in unambiguous provocation situations, even when children interpret the peer’s behavior quite negatively.     

Best Friends’ Discussions of Social Dilemmas

Peer relationships, particularly friendships, have been theorized to contribute to how children and adolescents think about social and moral issues. The current study examined how young adolescent best friends (191 dyads; 53.4 % female) reason together about multifaceted social dilemmas and how their reasoning is related to friendship quality. Mutually-recognized friendship dyads were videotaped discussing dilemmas entailing moral, social-conventional and prudential/pragmatic issues. Both dyad members completed a self-report measure of friendship quality. Dyadic data analyses guided by the Actor-Partner Interdependence Model indicated that adolescent and friend reports of friendship qualities were related to the forms of reasoning used during discussion. Friends who both reported that they could resolve conflicts in a constructive way were more likely to use moral reasoning than friends who reported that their conflict resolution was poor or disagreed on the quality of their conflict resolution. The findings provide evidence for the important role that friendship interaction may play in adolescents’ social and moral development.