Do Lawyers Cause Adversarial Legalism? A Preliminary Inquiry

Cross-national case studies have indicated that compared to other economically advanced democracies, American methods of policy implementation and dispute resolution are more adversarial and legalistic, shaped by costly court action or the prospect of it. To what extent are lawyers responsible for creating American-style adversarial legalism? This article argues that while adversarial legalism stems primarily from enduring features of American political culture and governmental structure, the legal profession plays a significant independent role in promoting and perpetuating this mode of governance.     

McCarran's legacy: The association for Asian studies

Abstract

Historians have played an important role in modern America. While the chorus in Sigmund Romberg's musical The Student Prince bellows, “History's a mystery,” off the wooden stage and in the world of concrete and asphalt where we live our lives, historical knowledge is something other than mystery. It has been and is a major force in shaping our self-images and expectations. It can be a potent weapon for manipulating society or for resisting manipulation, and its power has been recognized by the American establishment.     

Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.     

New views on cognitive development

Recent empirical findings viewed from a cognitive developmental perspective suggest new interpretive stances toward three familiar themes —the fears of infancy, the discontinuous quality of stages in cognitive functioning, and the capacity for resilience in cognitive development. (1) Time of onset and decline of separation anxiety in infants are primarily a function of the infant's level of cognitive development rather than variation in interactive experiences with the caretaker. (2) Cognitive competences seem to be severely limited to specific problem contexts, and we should not talk of competences in the abstract. Hence stages should be viewed as continuous and gradual. (3) Young mammals seem to retain a capacity for recovery from early experiences that retard normal development if they are fortunate enough to be moved to a more benign context.The research summarized in this article was supported over the past 18 years by grants from the National Institute of Child Health and Human Development, the National Institute of Mental Health, the National Science Foundation, the Carnegie Corporation of New York, the Spencer Foundation, the Office of Child Development, the Foundation for Child Development, and the Grant Foundation.Delivered at the Tenth Anniversary of Pritzker Children's Psychiatric Unit of Michael Reese Hospital and Medical Center, Dr. P. Devryer, Director, Chicago, Illinois 60615, March 8, 1975.Received his Ph.D. in psychology from Yale University in 1954. Joint concentration in both physiological and personality development. Current interests are in the growth of cognitive, social, and affective systems during the first decade of life.     

Multiple Streams in Hawaii: How the Aloha State Adopted a 100% Renewable Portfolio Standard

Renewable portfolio standards (RPS) are an important policy tool for reducing carbon emissions and advancing the global shift toward renewable energy. As the U.S. federal government backs away from commitments to reduce greenhouse gas emissions, subnational governments play an increasingly important role in mitigating climate change. In June 2015, Hawaii became the first state in the United States to adopt a 100% RPS. Through understanding the conditions that gave rise to Hawaii’s RPS, policy actors will be better informed as they navigate policy processes in other states and jurisdictions. This study uses Kingdon’s Multiple Streams Framework (MSF) to explore the policy process that led to Hawaii’s 100% RPS. Data were collected during the summer of 2016 via interviews with 25 key policy actors and informants in Hawaii. Expectations based on the MSF are confirmed, and the results suggest factors that might be included or explored in future studies of RPS adoption.     

Estimating actual foot size from a static bare foot print in a White British Population

In forensic intelligence-gathering it would be useful to be able to estimate the size of a perpetrator's foot from a standing bare footprint found at the scene of crime. Currently, the advice is to add a fixed amount to the length of the footprint (typically 1.5 or 2.0 cm), but there is little evidence for this approach. This study used measured footprint and actual foot lengths from 146 participants from the white British student population of a University in the UK. Data were analysed using multiple regression with foot length as the dependent (outcome) variable and footprint length and sex as the independent variable/factor respectively. Sex was not a significant predictor. The regression equation for the best estimate of the foot length is 19.89 + 0.95 × print length ± 8 mm.     

Cardiac Injuries Caused by Blunt Trauma: An Autopsy Based Assessment of the Injury Pattern

Abstract:  Nonpenetrating chest trauma with injury to the heart and aorta has become increasingly common, particularly as a result of rapid deceleration in high-speed vehicular accidents, over the past 2–3 decades. The high mortality rate of cardiac injuries and possible late onset complications make blunt cardiac injuries an important challenging point for legal medicine. One hundred and ninety cases with blunt cardiac injuries in a period of 3 years were analyzed retrospectively in terms of patterns of cardiac injury, survival times, and demographic profiles of the cases in this study.     

Adversarial legalism and American government

Compared to other economically advanced democracies, the United States is uniquely prone to adversarial, legalistic modes of policy formulation and implementation, shaped by the prospect of judicial review. While adversarial legalism facilitates the expression of justice-claims and challenges to official dogma, its costs are often neglected or minimized. A survey of existing research, together with a case study of environmental regulation in the Port of Oakland, indicates the extent to which adversarial legalism causes (or threatens) enormous dispute-resolving costs and procedural delays, which in turn distort policy outcomes. Adversarial legalism, moreover, has increased in recent decades, as Americans have attempted to implement the ambitious, socially transformative policies of activist government through political structures, forms of legislation, and legal procedures that reflect deep suspicion of governmental authority.