Toward a Theory of Law in Society

Abstract

Interest group conflict, power, and values have been prominent in recent attempts to analyze law as social control. The role of fact beliefs in creating, interpreting and administering legal norms has been relatively neglected, especially in the few efforts toward theories of law in society. Both fact beliefs and value beliefs are here related to legal norms, and also to group interests, power and conflict. Law is conceived of as the formal social control of the political state, a definition that does not at all require acceptance of Austin's view of law as commands of the sovereign. The forced choice between power elite and structural-functional theories is avoided, since law operates in a wide variety of power situations. The subjective meanings of interest group actions directed toward legal norms are seen as consisting of value and fact beliefs, an approach of particular promise in analyzing law and social change.     

Resiling From “Resilience”

This is a sketch for a critique of “resilience” and “resiliency” as keywords of neoliberal newspeak (officialese, langue de bois) under the innocuous banner of which all manner of business is now being transacted. I register the rapid extension of resilience discourse, note the socioeconomic context of its rise to prominence, and identify its implicit political assumptions and its social and subjective effects and side effects.     

Comparing the Prevalence and Organizational Distinctiveness of Faith-Based and Secular Development NGOs in Canada

Faith-based development organizations (FBOs) have been argued to deliver more cost-efficient development projects than their secular counterparts through exclusive access to faith networks, which provide predictable decentralized funding, the recruitment of volunteers, low employee salaries, and less overhead and indirect costs. To date, however, comparative analyses of religious and secular organizations have relied on a case-by-case approach, limiting the generalizability of findings. This study addresses this methodological gap by analyzing Registered Charity Information Return filings and organizational websites of 844 Canadian development NGOs to determine the proportion of FBOs and their organizational distinctiveness. The results show that FBOs comprise 40% of the Canadian NGO sector in terms of the number of organizations and their expenditures in developing countries, and are significantly less reliant on federal funding (p?<?.1), pay employees lower salaries (p?<?.01), but do not exhibit a significant difference in their expenditures on overhead and indirect costs. Thus, Canadian FBOs participation in faith networks shapes their organizational modus operandi but does not result in a low overhead alternative to secular NGOs.

     

Three-stage designs for monitoring clinical trials

Optimal three-stage designs with equal sample sizes at each stage are presented and compared to fixed sample designs, fully sequential designs, designs restricted to use the fixed sample critical value at the final stage, and to modifications of other group sequential designs previously proposed in the literature. Typically, the greatest savings realized with interim analyses are obtained by the first interim look. More than 50% of the savings possible with a fully sequential design can be realized with a simple two-stage design. Three-stage designs can realize as much as 75% of the possible savings. Without much loss in efficiency, the designs can be modified so that the critical value at the final stage equals the usual fixed sample value while maintaining the overall level of significance, alleviating some potential confusion should a final stage be necessary. Some common group sequential designs, modified to allow early acceptance of the null hypothesis, are shown to be nearly optimal in some settings while performing poorly in others. An example is given to illustrate the use of several three-stage plans in the design of clinical trials.     

Conditional moving linear regression: Modeling the recruitment process for ALLHAT

Effective recruitment is a prerequisite for successful execution of a clinical trial. ALLHAT, a large hypertension treatment trial (N = 42,418), provided an opportunity to evaluate adaptive modeling of recruitment processes using conditional moving linear regression. Our statistical modeling of recruitment, comparing Brownian and fractional Brownian motion, indicates that fractional Brownian motion combined with moving linear regression is better than classic Brownian motion in terms of higher conditional probability of achieving a global recruitment goal in 4-week ahead projections. Further research is needed to evaluate how recruitment modeling can assist clinical trialists in planning and executing clinical trials.