摘要:

The effectiveness of regulations is reduced by inspector capture. An environment conducive to capture is one in which inspectors must compete for business. This type of competition is found in various regulatory contexts; it is a fundamental characteristic of a decentralized motor vehicle inspection network.Motor vehicle inspection stations in most localities are numerous, geographically dispersed, private, and hence largely outside the effective purview of state authorities. Motorists can choose their inspection station, and generally prefer quick, superficial and passing inspections. Motor vehicle inspectors therefore tend to be quite lax. Evidence is presented showing that the most lenient ones tend to get more of the inspection business.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1990.tb00051.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

摘要:

This article examines federal judicial doctrine concerning the responsibility of police officials for patrol misconduct. The current standard requiring a showing by plaintiffs of an “affirmative link” between street‐level action and the intention of commanders is challenged in two ways. First, through the application of organizational analysis to the premises of leading cases in the doctrine, and, second, by considering three suits alleging patterns of patrol misconduct, in which the elements of a new standard of command responsibility can be discerned. The authors argue that a standard based on a strengthened doctrine ofrespondeat superiorwill help insure the preservation of due process rights in citizen encounters with the police. The article recommends the imposition of departmental record keeping requirements for personnel evaluations and for allegations and investigations of patrol misconduct. A further recommendation would require departmental regulations on the use of

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1990.tb00052.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

摘要:

In this paper, we attempt to clarify some of the confusion that surrounds the measurement of racially polarized voting. This clarification is necessary because the determination of whether or not racially polarized voting exists is often a critical component of the evidence presented in Voting Rights Act (Section 2) litigation. We first show that the correlation coefficient should never be used to measure voting polarization by relating the statistic to the individual behavior that it is supposed to be describing. We then compare the estimates of polarized voting that are provided by other commonly used measures with individual behavior in order to show that the Voting Rights disputes of the 1990s will require different and more carefully specified measures than are currently in use.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1990.tb00053.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

摘要:

Despite the widespread and influential presence of an increasingly partisan amicus curiae brief, the role of the “friend of the court” brief remains controversial. Changing rules of access and diverging recommendations for its behavior are associated with two distinct views of jurisprudence. A traditional understanding of adversarial proceedings emphasizes the individual interests of the litigants, and correspondingly excludes consideration of non‐parties and the general public. An alternative to the traditional, individual‐based, liberal jurisprudence (and its skepticism toward public interest arguments) is a recognition of the need to integrate individual and public interests and to find a coherence between them.The skeptical view of the public interest can be avoided by adopting a post‐empiricist view, which recognizes a plurality of interpretations of the public interest. The amicus curiae role, if given wide access, can serve as a tool of inclusive pluralism, which recognizes a diversity of views regarding the public interest and the impact of legal decisions on t

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1990.tb00054.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY