Suchergebnisse

Reuse of record except for individual research requires license from Congressional Information Service, Inc. ; CIS Microfiche Accession Numbers: CIS 78 S411-42 ; Includes bibliographical references. ; Microfiche. ; Mode of access: Internet.

An attempt is made to develop a general theory of the equal protection clause that adequately accounts for the role of social groups in contemporary American life. The theoretical foundations of the prevailing theory--antidiscrimination--are identified, & the prevailing theory is evaluated from the perspective of the claims of equality now being tendered to the courts. Particular attention is paid to the problem of preferential treatment for blacks. To understand the importance of the antidiscrimination principle in Constitutional adjudication, the 2 modes of interpretation are analyzed: literal interpretation of the Constitution & a 'mediating' interpretation poised between the text & the ideal embodied therein. This judicial gloss is open to redefinition in a manner not afforded by a literal interpretation. The antidiscrimination principle is not the Equal Protection Clause; it is a mediating principle that embodies a limited, highly individualistic concept of equality. The group-disadvantaging principle would take wider account of social reality & focus more clearly on issues at the heart of equal protection cases. Modified AA.

'.without expansion of international trade, based upon fair dealing and equal treatment for all, there can be no stability and security either within or among nations. (Furthermore) the withdrawal by a nation (or group of nations) from orderly trade with the rest of the world inevitably leads.to preparations for (a military or trade) war and a provocative attitude toward other nations.' ; peer-reviewed

Congress has considered adopting a program to provide a 75 percent subsidy for the costs of state programs which would give payments to the victims of criminal attacks. All victims, in state and federal jurisdictions, would be compensated for their losses, should they not have sufficient private insurance. The traditional arguments made for victim compensation are reviewed and criticized. An institutional history of the victim's role in society discusses the various forms of compensation that existed in different jurisdictions. The distinction between civil law and criminal law appeared to lead to the demise of compensation by the criminal. The various forms of public compensation adopted in most Anglo-Saxon countries since the early 1960s are reviewed. After deriving an estimate of the possible costs of public victim compensation in the United States, the theory of public choice is applied to explain the origins of the political pressures for the compensation program. The theory of bureaucracy produces predictions as to the impact of the federal subsidy to state programs and with respect to the motives of the administrators of such programs. Rawlsian notions of justice provide a proper perspective for a consideration of equity in a democratic setting. The application of such a paradigm of justice does not, contrary to the traditional views on equity, generate a compensation program of the nature of the one considered here. A program designed to be just and to provide equal treatment for equal victims would also be based on some criterion of efficiency. The moral hazard problem is discussed with respect to public compensation. A simple economic model is developed to display the possible inefficiency of the compensation program as currently proposed. Finally, the growth of crime and the decline in punishment over the last three decades are explored. If there has been a collective loss of will to enforce the laws and punish the law-breakers, victim compensation may be nothing more than a perverse response to the problems generated by a change in behavioral standards with respect to crime. ; Ph. D.

What constitutes equal opportunity for women in sports? The three major theories of equal opportunity are mistaken when applied to sports. In particular, the popular "proportional attainments" model assumes that the skills relevant to a job or position are randomly distributed. Sports is a counterexample: women are smaller than men, so it is not unjust that women are less than 50% of professional football players. Three treatments for such physiologically disadvantaged groups are considered: (1) separate competition classes; the model of weight classes in boxing should be applied to sex, so that skillful women may move up to play against the men if they wish; but this method discriminates against smaller or less talented Ms; (2) ability groupings; this is the morally justifiable method -- provided that encouragement & chances to play exist on the lower skill levels; (3) variety of sports; since women are naturally superior to men at some sports (eg, balance beam), it promotes women's self-respect to develop a variety of sports in which a variety of physical types can expect to excel. Our concept of "sports" contains a M bias for historical reasons, if we tend to think only of activities rewarding size & muscle mass as "sports." AA.

Abstract  The tables for the Friedman rank‐test arc extended using a sampling method. A table is given for the traditional significance levels .01, .025, .05 and .10 for number of blocks equal to 7 and 8 and for treatments of size 6 and 7. A brief discussion of available tables is also included along with an example of an application.

'Prejudice apart, the game of push-pin is of equal value with the arts and sciences of music and poetry', was penned by Jeremy Bentham in 1825, but could as appropriately appear in most contemporary treatments of social choice and rationality. Political economists still use the felicific calculus; they search for 'the greatest happiness of the greatest number' by exploring means and consequences of aggregating individuals' preferences to form social choices among competing values. The values are assigned equal weight. The origins and processes of development of individual preferences are taken as 'givens', i.e. as irrelevant to the problem of social choice. What counts is rational behaviour, which is said to exist when action is 'correctly' designed to maximize goal achievement, 'given the goal in question and the real world as it exists'.

Data are presented revealing the status of women in Fla politics. The years from 1890 to 1960 saw the political awakening of women in Fla; the years since 1960 have seen dramatic change in their political & legal position. After 1960, the number of women elected to state & local offices increased sharply; legislation was passed to eliminate sexual distinctions in Fla law & to ensure women equality of treatment. Despite this progress, neither the Equal Rights Amendment nor a 1978 amendment to the state constitution to bar discrimination on the basis of sex won approval. The strongest support for women candidates & for the Equal Rights Amendment is found in the southern part of the state. Here native Floridians are least numerous & the culture of the South is weakest. It is suggested that both heavy inmigration of non-Southerners & reapportionment, which shifted power from the more traditional sections of the state, have contributed to the strengthened political position of Fla women. 3 Tables, 1 Figure. Modified AA.

The South African government's discriminatory policy of apartheid has caused tremendous external, as well as internal, pressures to develop in an effort to reverse its in humane treatment of its repressed populace. None of the pressures have been more forceful than those evoked by the sporting world and the United Nations. In recent years, these forces have virtually eliminated South Africa from most international sports com petitions, including the Olympic Games. A number of recent events seem to indicate that a new policy and perhaps attitudinal posture in regard to sport and apartheid may be formulating, a process which may permit sport to shape its own destiny. Time, however, is of the essence not only in regard to equal opportunity and availability in regard to sport, but in South Africa's all-encompassing racially repressive apartheid practices. It appears that unless the South African govern ment initiates swift apartheid extirpation as appears to be occurring in sport, the adage that "He who hesitates is lost" may prevail!

Despite previous opposition from officials & cadets, West Point responded to Congressional legislation by beginning its preparation for F candidates in 1975. The objective of the academy was to provide equal training & treatment for both sexes as allowed by law. To achieve this goal, consultants were called in to advise officials on the minimum modifications needed to accommodate physiological differences. West Point's experience during the first year of coeducation is discussed. Attention focuses on attitude changes among M & F cadets in addition to discussing the physical & academic performance rates for both sex groups. F cadets performed similarly to their M counterparts during Cadet Basic Training, although Ms indicated a resentment of certain modifications in physical requirements. (F cadets, for example, were given training in self-defense skills instead of boxing.) The failure to achieve total acceptance & integration of F cadets by the end of the first year is attributed more to the ratio unbalance between M & F candidates (1,366:119) than to any lack of commitment or ability of women cadets. P. Hoye.

It was suggested that a way of clarifying con stitutional values might be to look closer at the framers of the Constitution—what were their views and background. They were elitists, from diverse backgrounds, representing a rela tively broad spectrum for the time. Particular revolutionary values were discussed, beginning with equality. Discussion particularly centered on whether equality referred to "equal ity of opportunity" or "equality of result." It was expressed that equality of result was not in conflict with equality of opportunity but a necessary tool to achieve it. Generally, equality of opportunity was preferred to equality of result, except that there should be a certain amount of result equality in order to ensure real equality of opportunity, and it was agreed that quotas were sometimes necessary to correct past discrimination. Other values were discussed briefly, including domestic tranquility, exporting democracy, free speech, constitutional respect for individual autonomy and privacy, and fairness of treatment by government. Revolu tionary values were summarized as falling into 3 categories: freedom of expression, equality, and protection from govern ment arbitrariness.

The first year of integration of women midshipmen was studied at the US Naval Academy. The degree of traditionalism of Ms of the Class of 1980 toward rights & roles of women in society was evaluated as a function of level of contact with F plebes, who formed a 6% statistical minority. (Contact was structurally defined as assignment to all-M or mixed-sex companies, platoons & squads.) A small effect on the Attitudes toward Women Scale was found after 5 months of integration, with men in mixed platoons or squads expressing the most equalitarian attitudes. Irrespective of company assignment, the M plebes became more equalitarian in areas that will affect them most closely as naval officers, eg, in their opinions about shipboard & other military roles for women. Upperclassmen were more resistant to the integration of Annapolis than were plebe men (19% were neutral or favorable toward coeducation vs 26% of plebe men). Fs & Ms had very different perceptions of treatment of the sexes in the 1976/77 year, with the majority of men perceiving favoritism to women, & women denying they received such treatment, except perhaps in the area of physical education. Women generally felt resented & less accepted than M peers. Greater numbers of women in more varied roles (eg, as upperclassmen) should partially alleviate several problems by reducing the overvisibility of the women & resultant performance pressures, as well as by allowing more peer contact to challenge the stereotypes held by men. Fostering a cooperative rather than competitive atmosphere between the sexes & the ensuring of equal status between groups were recommended to create the conditions necessary for positive attitude changes as a result of intergroup contact. 4 Tables. AA.

It is hypothesized that certain characteristics of states determine whether Fs are treated (legally) with equality. Studied were: (1) employment policy, measured by fair employment practice laws; (2) marriage rights policy, determined by treatment of maiden name & contract rights; (3) rape policy, identified by laws on proof of resistance & corroborative evidence; & (4) Equal Rights Amendment ratification status. Independent variables were: (A) measures of SES; (B) Fs' economic status by % of LF & F managerial population;(C) state "political potential," identified by proportion of upper & lower state house Fs; & (D) political climate. Results indicated least equality among deep south & south-western states & most in the Northeast & the West. Positive & negative bivariate correlations between the variables were found, & after standarized regression there was found a relationship between egalitarian policy & affluence, industrialization, large F managerial labor component, & higher state competition. Contrary to anticipated direction, Republican states showed more egalitarian policy than Democratic states. Remaining variables showed minimal or no reltion in either direction to policy. The relatively high amount of unexplained variation is discussed in terms of difficulties in measuring certain indicators, & failure to consider state expenditure policies as variables. Generally, SE variables influence political ones in determination of women's rights policy by state.