ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00276.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

In 1974 Federal District Judge H. Boldt mandated that 50% of the salmon resource of Washington State be allocated to Indian treaty tribes. His decision produced what has been characterized as “except for some desegregation cases … the most concerted official and private efforts to frustrate a decree of a federal court witnessed in this century.” This article argues that fishing rights litigation has played a significant role in defining and structuring the conflict over the salmon resource. An unanticipated or unavoidable “side effect” of the successful tribal litigation strategy is the restructuring of the conflict in a way that is likely ultimately to prove as detrimental as outright legal defeat. Focusing on the Indian fishing rights issue, the article also studies the use of litigation as a weapon for social change. The underlying assumption is that a legal order that denies impoverished and powerless constituents a meaningful avenue for social change is grave

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00277.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

In Serrano v. Priest the California Supreme Court held the state's method of financing public schools unconstitutional because educational expenditures were dependent on district wealth. This article traces the court's ability to structure the implementation of this policy. Although the court succeeded in placing the issue on the agenda, the events since the decision illustrate the difficulties courts encounter when they require action from a legislature. In Serrano, the “polycentric” nature of the problem, the difficulties of obtaining legislative action on a redistribute policy, and the effect of intervening economic forces have served to keep the Serrano principle from being realized fu

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00278.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

Focusing on the issue of civil rights, this study examines the relationship between policy preferences of presidents and the votes of the Supreme Court justices they appointed. Through content analysis of presidential statements, relatively systematic measures of civil rights policy views for five recent presidents were obtained and compared with the voting records on civil rights of justices they appointed to the Supreme Court. The findings suggest that although a correspondence exists between presidential preferences and judicial votes, presidents have been only moderately successful in appointing justices whose votes reflect presidential preferences.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00279.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

This article discusses the application of content analysis to judicial decisions. A methodology is presented for analyzing Age Discrimination in Employment Act decisions in the federal courts. Frequency distributions are presented that demonstrate that most of the cases have been brought on behalf of white males in professional/managerial occupations. These cases arose when the employee was terminated and were successfully defended by employers.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00280.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

When government policy decisions affect the general public, people may or may not comply. How and why compliance occurs is not well understood. Current research on compliance has several weaknesses: (1) it tends to focus on the behavior of public officials rather than on the general public; (2) it relies on static rather than dynamic models; and (3) it underestimates the impact of social groups on individual choices. The present analysis treats compliance as a dynamic process incorporating both social influence and individual calculation. We assume that primary groups (family, peers), social status, and a society's culture all play important roles in changing compliance over time.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00281.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

It is argued widely that an inmate's behavior while in prison is not related to his or her behavior after release. This putative lack of a relation is a point set forth in debates about discretionary release from prison by parole boards. This article reviews the empirical status of the prison behavior and release performance controversy and offers new data from the federal jurisdiction. The results indicate that there is some relation between officially recorded institutional infractions and post‐release infractions, once controls for a priori risk are established. The fact that some post‐sentencing information may be related to behavior after prison raises difficult policy issues that are not addressed by the common assertion of no relationship. Among these issues are the propriety and fairness of predictive judgments per se, the proper locus of authority for release decision making, and alternative uses of predictive information in corrections. The findings here suggest that more intensive study of the relation between prison behavior and release performance is requi

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00282.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY