WEBER AND THE LIMITS OF JUDICIAL POLICY-MAKING

In United Steelworkers of America v. Weber (1979), the U. S. Supreme Court engaged in one of the most blatant examples of judicial policymaking to date. This paper explores Weber (and, to a lesser degree, the other major cases that have addressed the question of ameliorative racial preference), and argues that the very attributes of the adjudicative process that make the courts so well-suited for the resolution of particular controversies and grievances also render them most ill-suited for general policy-making.     

NEIGHBORHOOD CHANGES IN ECOLOGY AND VIOLENCE*

We investigate links between ecological changes and changes in violence in Baltimore neighborhoods in the 1970's The two most salient ecological changes during the decade were (1) the emergence of a large number of gentrifying neighborhoods and (2) the further absorption of several older, minority neighborhoods into an “underclass” status Relative deprivation and social disorganization each predict increasing violence in gentrifying and emerging underclass neighborhoods. But, relative deprivation theory highlights the role of changes in economic status, whereas social disorganization highlights the role of changes in stability or family status. We further suggest that connections between ecological change and changes in disorder are contingent not only on historical context, but also on overall neighborhood structure at the beginning of the period. We hypothesize: (a) neighborhoods becoming more solidly “underclass” will experience increasing violence as status and stability decline and (b) emerging gentrifying neighborhoods will experience increasing violence as status and stability increase. Controlling for spatial autocorrelation, results support these hypotheses In emerging underclass neighborhoods status changes are most clearly linked to violence changes, whereas in gentrifying neighborhoods violence shifts are most closely tied to changing stability.     

SOME MISLEADING CONCEPTIONS IN SENTENCING RESEARCH

Most studies of sentencing practices in both adult and juvenile courts have compared the relative power to predict dispositions of “legal” variables, such as the seriousness of offense and previous arrest record, and “extralegal” variables, such as race and social class. It is suggested that this is a misleading model for research on the decision-making process in juvenile courts. Instead, results presented here indicate that the juvenile court uses a model of substantive decision-making oriented toward the character and social environment of offenders. Social background variables are found to be more important determinants of disposition than either “legal” or “extralegal” variables.     

SOUTH AFRICAN REALITIES AND REALPOLITIK

South Africa is a country of major and powerful tribes, of many sub-tribes, of one large non-tribe, and of two articulate communities (the Asians and mixed-race coloureds). Chief among the tribes in their history and their right to control tracts of South Africa are the white Afrikaner tribe led by Mr, Vorster himself and the black Zulus led by Chief Gatsha Buthelezi. Both dominate, but are feared and resented by, the rest of their respective racial communities. The two are, and have been for hundreds of years, each other's prime adversaries…. To advocate one man, one vote in a unitary state as the solution to such a patchwork of racial resentments and history frankly seems a nonsense….