Testing Federal Student-Aid Fungibility in Two Competing Versions of Federalism

This study employs twenty-three years of federal, state, andinstitutional student-aid data to investigate the effects offederal grants to students on the behavior of higher educationinstitutions. Unlike previous studies, this research differentiatesbetween federal-aid programs according to whether a federalprogram follows "redivision federalism" or "cooperative federalism"concepts. Pell grants, exemplifying the former, appear highlyfungible and inversely related to institutional grants to students,while campus-based federal programs, exemplifying "cooperativefederalism, " appear less fungible and positively associatedwith institutional grants. The results also suggest that grantsto students are more important to higher education opportunitythan indicated by some previous research.     

The Legal Effects of Resolutions of the UN Security Council and General Assembly in the Jurisprudence of the ICJ

This article aims to extract from the jurisprudence of the InternationalCourt of Justice a basic theory of legal effects of unilateralinstruments of international organizations in public internationallaw. These effects can be divided into three categories. Thefirst is substantive effects. These include binding, authorizingand (dis)empowering effects. The second category is causativeeffects, whereby determinations of fact or of law bring substantiveeffects into existence. The third category is modal effects– how and when the substantive effects come into existence(e.g. immediate or deferred, retroactive or non-retroactive,reversible or irreversible effect). Each of these categoriesof legal effects behaves differently according to whether theeffects are intrinsic or extrinsic. Intrinsic effects are basedon the special treaty powers of the United Nations SecurityCouncil and General Assembly. In this hypothesis, all threecategories of effects exist to the full extent that the explicitand implicit powers of the adopting body allow for them. Extrinsiceffects are directly based on general international law, inparticular on the rules of formation of customary internationallaw. Here, there are no causative effects. Substantive effectsdo not strictly speaking exist; only pre-substantive ones do.And modal effects are always immediate, non-retroactive andreversible.