Are Immigrants a Drain on the Public Fisc? State and Local Impacts in New Jersey

Objectives . To explore differences in the appointment and election method of selecting state high court justices in promoting gender diversity, and to explore the effect of existing gender diversity within the political institutions on the selection of women to office. Methods . Our data include all justices who have been selected to state courts of last resort from 1980 through 1997. We use logistic regression analysis to test the effect of existing gender diversity on a high court on the likelihood that a woman will be selected to fill a vacancy. Results . Women are significantly more likely to be selected to a state high court when initially appointed, and this effect is particularly pronounced when the governor is Democratic. When an appointment system is used, women are much more likely to be appointed to an all-male court than to a gender-diverse court. Conclusions . Appointment systems are more likely to create gender diversity on state courts; however, this effect operates primarily to diversify all-male courts. This difference between appointment and election systems may reflect differences in knowledge between elite actors and the mass public about the composition of the institution.     

How far does the gender gap extend?: Decision making on state Supreme Courts in Fourth Amendment Cases, 1980–2000

The importance of women on the bench and the influence of gender on judicial decision making has garnered much scholarly attention. We examine the voting behavior of male and female justices in 718 Fourth Amendment search and seizure votes cast on state Supreme Courts between 1980 and 2000. We find that women justices, controlling for institutional, political, and legal constraints, are more likely to rule in favor of the criminal defendant than their male brethren in cases decided after 1991 but not before. We also find women justices serving with female colleagues are more inclined to render liberal votes. We conclude the influence of gender may be evident in a wider variety of cases than those dealing with women's lives but that this influence is dependent upon the existence of a critical mass of women on the state court benches.     

Does Seniority Matter? The Conditional Influence of State Methods of Judicial Retention*

Objective. Capitalizing on attention directed to judicial agreement and the associated consequences of judicial elections, this article conducts an examination of the effects of seniority and state methods of judicial retention on decisions by state supreme court justices to dissent. Methods. Using data drawn from the State Supreme Court Data Archive, this research analyzes decisions by individual justices to dissent in 33,582 tort cases from 1995 to 1998. GEE logistic analysis with cases as the clustering unit is the estimation procedure. Results. While the seniority of justices is positively connected to dissent, the findings illustrate that seniority's effect is nuanced and conditioned by a state's method of judicial retention. The impact of a justice's seniority relative to his or her colleagues is most powerful in appointive courts where justices serve without fear of electoral retaliation. Alternatively, within elective courts, justices respond to elections by pursuing a consensual approach regardless of their seniority. Conclusion. The dissent characteristics of justices in state supreme courts are intricately tied to the length of careers and the methods by which states keep justices in office.     

Explaining High‐Profile Coverage of State Supreme Court Decisions*

Objective. In this article, we investigate the decision of media in the U.S. states to give high‐profile coverage to state supreme court decisions. While research on the U.S. Supreme Court has forged an association between media coverage and the political salience of court decisions, scholars have been unable to examine such coverage in the increasingly important state courts of last resort. Methods. Utilizing new data of high‐profile coverage over time in these courts, we examine the extent to which case characteristics, judicial behavior, and institutional variation influence media attention. Our empirical model covers 28,045 state supreme court cases over all 50 states, between the years 1995–1998. Results. Our findings indicate that the likelihood of high‐profile coverage increases when certain case characteristics, particularly declarations of unconstitutionality, are present, in addition to dissent within a court. Despite the importance of institutional differences among state supreme courts, front‐page coverage is not affected by this variation. Conclusions. In our conclusions, we evaluate those scenarios in which high‐profile media coverage is more likely for state supreme court cases, and the possible implications this may have for judicial politics.     

Acclimation Effects on the Supreme Court of Canada: A Cross‐Cultural Examination of Judicial Folklore*

Objective. Few public law theories developed to understand the decision making of U.S. courts have been examined in different cultural settings. This study examines the applicability of the “freshman effects” theory in the context of the Canadian Supreme Court. Methods. The article uses analysis of variance tests to examine changes in the voting and authorship patterns of 15 Canadian Supreme Court Justices during the Laskin, Dickson, and Lamer Court periods (1973–1999). Results. We find very little evidence of acclimation effects on the Canadian Supreme Court. However, through the Chief Justice's power to compose decision panels, Canadian justices in their first full year of service are assigned significantly fewer cases than in subsequent years of their career. Thus, Canadian justices are given time to acclimate to the high court through a lower workload, a luxury not afforded to U.S. justices. Conclusions. Theories of public law adopted to understand U.S. courts may be limited in their generalizability beyond the U.S. setting because of the institutional and political forces that shape judicial decision making in other courts.     

Campaign Fundraising in State Supreme Court Elections*

Objective. What factors affect the ability of candidates for state supreme courts to raise money? In this article, I test (and expand) existing theories of political fundraising (taken largely from legislative studies) in the context of judicial elections. Methods. I examine the determinants of campaign contributions to all candidates running for the state supreme court from 1990–2000 in states that have competitive judicial elections. Most basically, I hypothesize that a candidate's ability to raise money is dependent on characteristics of the candidate, the state electoral and supreme court context, and institutional arrangements. Results. The results suggest that candidates who have a greater probability of success than their opponents are better able to raise money. Yet, all is not within the control of the candidates, as the electoral context of the state and the court as well as the institutional arrangements of the election and the court are also relevant. Conclusions. Campaign fundraising by state supreme court candidates, much like fundraising by legislative candidates, can be understood in systematic and predictable ways. Candidates have some control over the amount of money that they are able to raise (and thus their electoral viability), although there is little they can do about the electoral and supreme court context. Additionally, institutional arrangements play a large role in raising campaign funds, suggesting that there is not much reformers can do to limit the amount of money involved in elections short of eradicating elections altogether.     

两晋宗室司衮要论

两晋宗室任诸公者均爵为诸王,高官、高爵形成对应,且宗室担任诸公呈现明显的阶段性特征。西晋宗室任职八公者多为勋旧贤能、望实俱显者,东晋宗室任职诸公者多因地近属尊,以亲亲司衮。西晋宗室任职八公者大都兼领实职,尤其永熙后多以衮职或参与中央决策、或出任要州都督,且屡有以诸公专断朝政者。相较西晋,东晋宗室任职诸公者人数锐减,任职时间缩短。西晋时期,宗室诸王、宣帝旁系诸王担任八公者人数、任职时间均多于武帝嫡系诸王,东晋时期则是元帝系诸王担任八公者人数、任职时间皆占多数。凡此种种,对两晋政治格局变动产生了重要影响。     

The effects of urban socioeconomic and political context on support for business in the federal district courts

Despite an expansive literature relating the social and political characteristics of cities and states to the economic outputs of legislators and administrators, there has been no comparable study of the impact of local environmental factors on economic policy outcomes of either state or federal trial courts. Neglect of this topic is especially unfortunate, given that exploratory analysis of federal district court judges' decision making in an urban context has suggested a link between federal district court policies and those of other local government institutions (Dolbeare, 1969).This article begins to fill the research lacuna by examining the impact of local environments on federal district courts' economic policy making. Substantial variance in economic case outcomes among courts in cities serving as district court points is explained by certain characteristics of the courts' social and political environments. Patterns of support for business in the district courts is examined to illustrate possible consequences of environmental influences on trial court outcomes. Conclusions regarding the impact of environmental factors on district court policy outcomes are offered along with a comparison of this research with the larger and more developed body of state and local policy research.     

The Continuing Dominance of Traditional Gender Roles in Southern Elections*

Objective. Studies of the election of women to public office have been increasingly encouraging about their prospects of female candidates. The purpose of this study is to examine the extent to which gender roles continue to influence the election of women to local office and the pool of candidates for higher office. Methods. Utilizing data on the gender of officials, the nature of the office, and constituency demographics from county elections in eight Southern states, we construct logit models of the election of women. Results. Women hold few local offices involved in fighting crime or of an executive nature. On the other hand, women routinely win election to process‐oriented offices with less discretion. Our analysis of constituency demographics reinforces our conclusions. Women win election in areas where the public office is relatively undesirable compared to other opportunities and the ratio of high‐quality male to high‐quality female candidates is relatively low. Conclusions. Although the frequent election of women to county office provides an expanded pool of female candidates for higher offices, it seems unlikely that women will find it as easy to move up the electoral ladder into the more competitive arena of high‐profile statewide and federal leadership offices.     

The Effects of Candidate Gender on Campaign Spending in State Legislative Elections*

Objective. This article will investigate whether candidate gender affects levels of campaign spending in state legislative elections. Methods. The analysis compares men and women candidates running for the state legislature in 20 states over two election cycles. By controlling for a range of contextual factors, the analysis isolates the independent influence of candidate gender. Results. The findings demonstrate that women and men spend similar levels of campaign funding in running for the state legislature. Running as incumbents, challengers, or open‐seat candidates, women are not at a financial disadvantage relative to similarly situated men candidates in the general election. Conclusions. Although women may suffer difficulties at other parts of the electoral process, women are not at a disadvantage relative to men in how much money their campaigns ultimately allocate for the purposes of gaining voter support.     

On the Consistency of Court Dispositions in the Juvenile Criminal Justice System: A Research Note

An analysis of 13,919 cases dealt with by the Children's Court during a two year period showed significant differences between the regional patterns of dispositions made by the courts in respect of comparable male juvenile offenders (Crimes Act). Urban courts presided over by special children's magistrates were more lenient than countrty courts with regular stipendiary magistrates, except for committing greater numbers of offenders for trial in a higher court. Country courts in general tended to be more lenient in respect of selected offences than country courts located in areas of Aboriginal concentration. However, differences were also found between the dispositions of individual urban courts which could not be accounted for by the social and circumstantial factors associated with regional differences.     

Litigant participation and success in water rights cases in the Western States

Over the years, many decisions concerning the rights to water resources have been addressed in state legislatures and federal courts; however, the majority of decisions concerning the conflicting demands over water have been addressed in state courts. This study examines the body of water rights cases heard in state supreme courts of the eleven Western states and focus on litigant participation and success. The data set includes all the water rights cases decided between 1972 and 2008 in the eleven western state high courts (Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming). The study explores the propensity of different types of litigants to initiate water rights cases at the state supreme court level, and also examines litigation patterns to determine which litigants are the targets of these appeals. Galanter's (1974) party capability theory is used to help explain patterns of litigant success.     

Further Evidence of Racial Disparities in Drug Court Outcomes: Enhancing Service-Delivery to Reduce Criminal Recidivism Rates for Non-White Participants

Abstract

The first drug court began in 1989, and since their inception, they have expanded to over 3,000 in the United States and United States territories. The long-term goal of drug courts is to reduce criminal recidivism rates for nonviolent offenders who have substance use disorders. This study adds to the literature by using secondary data to compare criminal recidivism rates between drug court participants (n?=?163) and probationers who had diagnosed substance use disorders and arrests that were eligible for drug court but they did probation instead (n?=?185). Criminal recidivism was measured up to 36?months post drug court/probation discharge, which provides a more accurate assessment of the long-term effectiveness of drug court. Furthermore, this study identified which drug court participants were most likely to recidivate. Drug court participants were less likely to recidivate than the probation group. However, differences between the two groups may have contributed to the difference in criminal recidivism rates and also suggest that screening criteria may exclude some non-White participants from drug court. Non-white participants were more likely to recidivate than their White counterparts. Implications for future research and drug court practice are discussed, focusing on enhancing the service-delivery of education and employment opportunities to non-White drug court participants.     

Women's Representation on State Trial and Appellate Courts*

Objective. This article examines the factors affecting women's representation at each level of the state judiciary. Methods. Using extended beta‐binomial and Poisson models, this article determines the effects of judicial selection, state ideology, and the pool of women eligible to serve on state trial and appellate courts. Results. I find that the pool of women eligible to serve, state ideology, and some methods of judicial selection affect the number of women serving on state courts. Conclusions. By modeling the process on the two courts differently, I find that the factors affecting trial courts are not necessarily the same as those affecting women's representation on appellate courts. Because of the differences in the two levels of the judiciary, future analysis should consider how these two levels influence individual decisions to seek a seat on state courts.     

女领导的临界规模与组织性别歧视现象——基于第三期中国妇女社会地位调查数据的实证研究

本研究利用第三期中国妇女社会地位调查数据,从配额制的有效性问题出发,探讨组织领导团队中的女性比例与性别歧视现象之间的关系,对临界规模理论的假设,即团队里某一社会特征的人数达到一定比例将给该社会类别的境遇带来具有显著意义的改变进行了检验。研究发现,组织领导团队中的女性比例达到30%能够有效减少性别歧视现象,这种作用在政治、经济和研究领域以及体制内外组织中均存在,但有程度上的差异。此发现不仅从实证角度检验了临界规模理论,而且为在政策设计中增加领导团队中的女性比例提供了支持。     

Rights to special services for people with developmental disabilities in Sweden: The risks and benefits of a legislative approach

Several major pieces of legislation in Sweden have been developed and enacted during the twentieth century to enable people with disabilities to live as normal a life as possible. The legal instrument is not supposed to depend on political economic trends. Important changes in the new Act on Special Services for Developmentally Disabled Persons from 1986 include qualitative demands and the right to self-determination for these individuals. The special services covered by the law are called social rights. The implementation of these rights is under the jurisdiction of politically appointed councils in counties or municipalities. The decisions made by these authorities can be appealed in administrative courts. Judicial review is supposed to be an instrument for the protection of citizens from the authorities responsible for services. In theory, at least, when one disabled person wins a case in court, the precedent should trickle down to all individuals in similar predicaments. But this does not always occur. One problem is that the law has no sanctions to force local authorities to follow the precedents or to execute court decisions. This article focuses on the Act and on the interplay between court cases and precedents and the decisions made by local authorities.     

Acclimation Effects and Separate Opinion Writing in the U.S. Courts of Appeals*

Objective. This article investigates the existence of a freshman effect on separate opinion authorship on the U.S. Courts of Appeals. First, we evaluate the extent to which freshman judges demonstrate unique behavior with respect to writing concurring and dissenting opinions. Second, we examine the potential for background factors to condition any freshman effect. Methods. Individual judges' decisions to author separate opinions, drawn from the Courts of Appeals Database (1960 to 1988), are modeled as a function of a host of individual‐ and circuit‐level factors, including the freshman status of the judge. Results. After controlling for alternative explanations, we find that freshman judges on the courts of appeals are less likely to author concurring and dissenting opinions. Prior federal or appellate court experience, however, does not appear to condition the freshman effect. Conclusion. Freshman circuit court judges experience significant acclimation effects following their elevation to the federal appellate bench.     

Women Running for Judge: The Impact of Sex on Candidate Success in State Intermediate Appellate Court Elections*

Objective. This article will examine whether candidate sex impacts electoral outcomes in judicial elections. Methods. We examine the success of male and female candidates in contested, nonretention elections for state intermediate appellate courts (IACs) from 2000–2006 using OLS and logistic regression analysis. Results. We find that there is no systematic bias against women candidates in IAC races over this period. In fact, there is some evidence that women may actually perform slightly better than men. Conclusions. Contrary to the claims of some scholars, these results suggest judicial elections do not hinder diversity on the state appellate bench.     

Improving Graduation Rates in Drug Court Through Employment and Schooling Opportunities and Medication-Assisted Treatment (MAT)

ABSTRACT

Drug courts have been a key part of the criminal justice system since 1989, and this study contributes to the existing body of research by identifying which participants (n = 248) were most likely to graduate from a drug court in Indiana (United States). Three variables emerged as significant predictors of graduation. First, participants who were employed or were students at the time of admission were nearly 2.5 times more likely to graduate than participants who were not. Second, participants who were using opiates as their primary drug of choice were over 80% less likely to graduate than participants who were using non-opiates as their primary drug of choice. Third, participants who had violations in the first 30 days of the program were nearly 50% less likely to graduate than participants who did not violate in the first 30 days. Offering medication-assisted treatment (MAT), such as methadone, Suboxone, or Vivitrol, to participants who have an opiate use disorder may improve graduation rates for this population. Additionally, graduation rates may also improve by offering more resources to assist participants in gaining and maintaining employment or schooling, and this seems to be especially important within the first month of the program.     

Commonality and Diversity in Feminist Social Work

Correspondence to Vicky White, Department of Applied Social Studies, University of Warwick, Coventry CV4 7AL. Summary The relationship between feminist social workers and women serviceusers is a central concern in the feminist social work literature.The literature's discussion of feminist social worker/womanservice user relationships, along the dimensions of commonalityand diversity, is compared with the experiences and understandingsof feminist social workers who participated in a small-scalequalitative study. Two main themes are considered: first, commonalityin feminist social worker/woman service user relationships;secondly, diversity amongst women service users. Issues forfuture work are drawn out of the discussion of these themes:the problematic nature of feminist social worker/woman serviceuser commonality; the impact of social divisions other thangender on women service users' lives; the importance of unpackinggeneralizations about both women service users and feministsocial workers; the need to explore the intersections of thestatutory context and feminist social work identities. It isargued that in addressing these issues future work would beenriched if greater prominence were given to feminist practitioners'perspectives, experiences and understandings.