Court unification is nearly synonymous with court reform and, indeed, is the basic prescription f... more Court unification is nearly synonymous with court reform and, indeed, is the basic prescription for court modernization. The basic elements of court unification, including trial court consolidation, defined jurisdiction, centralized management, state-level financing, merit selection, and centralized rulemaking, have been endorsed by the American Bar Association and other influential groups as ideals to be attained. The purpose of this research is to evaluate the basic premises of unification. Are states that most closely approximate the unification ideal "better" in any way than states that do not? To conduct an evaluation, a measure of court quality is needed. This research uses the concurrent jurisdiction of state and federal courts over diversity-of-citizenship jurisdiction as the yardstick to test the principles of unification. In diversity cases, which sometimes involve disputes between citizens of different states, litigants and their attorneys often have a choice between filing in state court or filing in federal court. An important consideration in that choice is the overall competence of the judiciary. This research uses that choice as an indirect, unobtrusive measure of the quality of state courts. Attorneys who choose to file in state courts when a federal option is available are "voting with their feet." Conversely, attorneys who choose to file in federal courts when a state option is available may be making a comment on the quality of state courts. Of the indicators of court unification, only the trial court consolidation and method of judicial selection were mildly associated to preference for state or federal court. Attorneys and their clients are not more likely to choose state courts over federal courts in states that are administratively or financially centralized. State courts are preferred slightly in states where trial courts are consolidated and where judges are selected by either nonpartisan selection or the merit plan. To the extent that quality of judges made a difference in forum selection, state courts where judges are chosen by nonpartisan election or merit selection have the edge. This finding suggests that standards that would bar all forms of election be reconsidered. Obviously, one reason for these findings may be that the measures of court quality and court unification were inadequately operationalized. The research poses the question of whether a hierarchical court management system, manifested as the grail of court unification, can be reconciled with a coordinate decentralized court process rooted in the adversary system. It suggests that less effort be spent fitting American courts to the European, hierarchical ideal of unification and that more effort be devoted to reengineering courts to better coordinate caseflow with agencies over whom courts do not exercise control, but with whom they must cooperate.
The problems of crime and the fear of crime in American cities constitute a major component of th... more The problems of crime and the fear of crime in American cities constitute a major component of the 'urban crisis'. The first objective of this research was to determine the extent to which several demographic and socioeconomic factors influenced both operating and capital police expenditures in the 383 largest cities. Before the impact of these potentially policy-relevant variables on spending could be measured. the effects of urban size had to be mathematically removed from actual police expendittircs by means of a regression technique. This analysis
Nurtured by federal funding, DWI courts have sprung up at a rapid pace during the past five years... more Nurtured by federal funding, DWI courts have sprung up at a rapid pace during the past five years. Although evolving as a branch of drug courts, specialized DWI courts have tended to take root and grow more rapidly in states not saturated with drug courts and states not suffering from the highest alcohol-related fatalities. The growth rate could be sustained
... Macmillan Company, 1948) and Civil Liberties and the Vinson Court (Chicago: University of Chi... more ... Macmillan Company, 1948) and Civil Liberties and the Vinson Court (Chicago: University of Chicago Press, 1954). 6 Glendon Schubert, "Judicial Process and Behavior, 1963-1971," in Political Science Annual, ed. James A. Robinson (Indianapolis: Bobbs-Merrill, 1972), 118. ...
Given that courts have the responsibility to ensure the state is providing proper care to childre... more Given that courts have the responsibility to ensure the state is providing proper care to children in its custody, courts need to consider whether those children over whom they have jurisdiction are receiving a quality education and are physically and emotionally healthy. Court well-being measures were not developed when the safety, permanency, timeliness, and due process measures were established. However, there have been recent efforts to address this void. This article describes the newly developed set of well-being measures for courts to track success in improving well-being outcomes in the areas of physical health, mental health, maintaining permanent relationships, transition to adulthood, and enhanced family capacity to provide for their children's needs.
With all of the changes in federal law relating to child maltreatment. foster care, and adoption,... more With all of the changes in federal law relating to child maltreatment. foster care, and adoption, courts have become active partners with child welfare agencies in assuring safety and permanency for children. Outcome measures are needed to track achievement of the distinct goals of coluts and those goals they share with child welfare agencies. This article presents a set of measures that focuses on the court contribution to desirable outcomes for children and families. These measures have undergone extensive development, review, and field testing by representatives from several national organizations interested in court refom and child welfare, but they still require more discussion and refinement. Indeed, outcome measures are an essential component of aprocess of continuing improvement, which means they need to be reviewed periodically to ensure they are valid, reliable, and not redundant.
Court unification is nearly synonymous with court reform and, indeed, is the basic prescription f... more Court unification is nearly synonymous with court reform and, indeed, is the basic prescription for court modernization. The basic elements of court unification, including trial court consolidation, defined jurisdiction, centralized management, state-level financing, merit selection, and centralized rulemaking, have been endorsed by the American Bar Association and other influential groups as ideals to be attained. The purpose of this research is to evaluate the basic premises of unification. Are states that most closely approximate the unification ideal "better" in any way than states that do not? To conduct an evaluation, a measure of court quality is needed. This research uses the concurrent jurisdiction of state and federal courts over diversity-of-citizenship jurisdiction as the yardstick to test the principles of unification. In diversity cases, which sometimes involve disputes between citizens of different states, litigants and their attorneys often have a choice between filing in state court or filing in federal court. An important consideration in that choice is the overall competence of the judiciary. This research uses that choice as an indirect, unobtrusive measure of the quality of state courts. Attorneys who choose to file in state courts when a federal option is available are "voting with their feet." Conversely, attorneys who choose to file in federal courts when a state option is available may be making a comment on the quality of state courts. Of the indicators of court unification, only the trial court consolidation and method of judicial selection were mildly associated to preference for state or federal court. Attorneys and their clients are not more likely to choose state courts over federal courts in states that are administratively or financially centralized. State courts are preferred slightly in states where trial courts are consolidated and where judges are selected by either nonpartisan selection or the merit plan. To the extent that quality of judges made a difference in forum selection, state courts where judges are chosen by nonpartisan election or merit selection have the edge. This finding suggests that standards that would bar all forms of election be reconsidered. Obviously, one reason for these findings may be that the measures of court quality and court unification were inadequately operationalized. The research poses the question of whether a hierarchical court management system, manifested as the grail of court unification, can be reconciled with a coordinate decentralized court process rooted in the adversary system. It suggests that less effort be spent fitting American courts to the European, hierarchical ideal of unification and that more effort be devoted to reengineering courts to better coordinate caseflow with agencies over whom courts do not exercise control, but with whom they must cooperate.
The problems of crime and the fear of crime in American cities constitute a major component of th... more The problems of crime and the fear of crime in American cities constitute a major component of the 'urban crisis'. The first objective of this research was to determine the extent to which several demographic and socioeconomic factors influenced both operating and capital police expenditures in the 383 largest cities. Before the impact of these potentially policy-relevant variables on spending could be measured. the effects of urban size had to be mathematically removed from actual police expendittircs by means of a regression technique. This analysis
Nurtured by federal funding, DWI courts have sprung up at a rapid pace during the past five years... more Nurtured by federal funding, DWI courts have sprung up at a rapid pace during the past five years. Although evolving as a branch of drug courts, specialized DWI courts have tended to take root and grow more rapidly in states not saturated with drug courts and states not suffering from the highest alcohol-related fatalities. The growth rate could be sustained
... Macmillan Company, 1948) and Civil Liberties and the Vinson Court (Chicago: University of Chi... more ... Macmillan Company, 1948) and Civil Liberties and the Vinson Court (Chicago: University of Chicago Press, 1954). 6 Glendon Schubert, "Judicial Process and Behavior, 1963-1971," in Political Science Annual, ed. James A. Robinson (Indianapolis: Bobbs-Merrill, 1972), 118. ...
Given that courts have the responsibility to ensure the state is providing proper care to childre... more Given that courts have the responsibility to ensure the state is providing proper care to children in its custody, courts need to consider whether those children over whom they have jurisdiction are receiving a quality education and are physically and emotionally healthy. Court well-being measures were not developed when the safety, permanency, timeliness, and due process measures were established. However, there have been recent efforts to address this void. This article describes the newly developed set of well-being measures for courts to track success in improving well-being outcomes in the areas of physical health, mental health, maintaining permanent relationships, transition to adulthood, and enhanced family capacity to provide for their children's needs.
With all of the changes in federal law relating to child maltreatment. foster care, and adoption,... more With all of the changes in federal law relating to child maltreatment. foster care, and adoption, courts have become active partners with child welfare agencies in assuring safety and permanency for children. Outcome measures are needed to track achievement of the distinct goals of coluts and those goals they share with child welfare agencies. This article presents a set of measures that focuses on the court contribution to desirable outcomes for children and families. These measures have undergone extensive development, review, and field testing by representatives from several national organizations interested in court refom and child welfare, but they still require more discussion and refinement. Indeed, outcome measures are an essential component of aprocess of continuing improvement, which means they need to be reviewed periodically to ensure they are valid, reliable, and not redundant.
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