Faculty and administration of Rutgers University School of Law at Camden, 1994–1995

Faculty and administration of Rutgers University School of Law at Camden, 1994–1995     

Interest Groups in the Israeli High Court of Justice: Measuring Success in Litigation and in Out-of-Court Settlements

The question of whether and to what extent interest groups are more successful than other parties in litigation is the subject of many debates among social scientists. Previous works in the field concentrated on checking outcomes of cases that were disposed of by courts in officially published final decisions. We sought to analyze not only final court decisions but also the outcomes of out-of-court settlements. Drawing from Marc Galanter's hypothesis that groups, especially those who are "repeat players," are likely to use out-of-court settlements more often and more efficiently than other litigants (Galanter 1974), we measured actual case outcomes of petitions brought before the Israeli High Court of Justice. We found that groups in general, and "repeat player" groups in particular, achieved a success rate significantly higher than other litigants. We also found that the relative advantage of groups in litigation is the result of their ability to reach out-of-court settlements with government agencies.     

The Condorcet jury theorem and extension of?the?franchise with rationally ignorant voters

The Condorcet Jury Theorem (CJT), which provides a justification for democracy, is based on voters who are imperfectly informed insofar as they know the correct policy with a probability of less than one but greater than one-half. We reassess the consequences of the CJT for democracy when extension of the franchise adds equal numbers of non-distinguishable informed and uninformed voters to the collective decision making group. Uninformed voters vote correctly with probability one-half. We show that adding equal numbers of informed and uninformed voters maintains the CJT conclusion that enlarging the group of decision makers increases the likelihood of a correct collective decision.     

Racial disparities in access to long-term care: the illusive pursuit of equity

While nursing homes were insulated from civil-rights enforcement at the time of the implementation of the Medicare program and lagged behind other parts of the health sector in providing comparable access to minorities, they are the only providers for which current reporting requirements make it possible to fully assess racial disparities in use and quality of care. We find that African Americans' use of nursing homes in 2000 in the United States was 14 percent higher than Caucasians' use. The largest relative African American use of nursing homes in 2000 took place in the South and West. Average nursing-home case-mix acuity for African Americans and Caucasians were essentially identical, suggesting that shifts in payment incentives have eliminated the selective admission of easy-care private-pay (predominantly Caucasian) patients and helped fuel the growth of private pay home care and assisted living for this segment of the population. While these shifts in incentives helped increase the use of nursing homes by African Americans, a high degree of segregation and disparity in the quality of the nursing homes used by African Americans persists. Parity in use is an illusive benchmark for measuring progress in assuring equity in treatment.     

Competing brothers: The web of Hamas‐PLO relations

This article deals with Hamas’ ideological and political dilemmas between the years 1988 and 1995, which include the contradiction between Hamas particularism as a Palestinian national movement and the universalism of its Islamic message; the divergence between its perception of itself as a political movement and the lack of political flexibility in its Charter; and the nature of its relationship with the PLO. The article analyzes three modes of political action developed by Hamas: competing with the PLO, preventing the outbreak of Arab civil war and opening formal communication channels with the PLO in order to discuss basic disagreements. Finally, the author shows how the implementation of the PLO‐Israeli accords altered Hamas‐PLO relations. No longer a competition among ostensible equals, their relationship became one of a ruling authority versus an opposition group.     

The faculty and administration of the Rutgers University School of Law at Camden, 1989–90

The faculty and administration of the Rutgers University School of Law at Camden, 1989–90