Where Have All the Parties Gone? Fraenkel and Grofman on the Alternative Vote - Yet Again

The alternative vote (AV) is a preferential electoral system that tends to reward political moderation and compromise. Fraenkel and Grofman have repeatedly attempted to show that AV is not conducive to inter-ethnic moderation in severely divided societies. In this response to their latest attempt,the author points out that neither political party coordination of the vote nor strategic voting plays any part in their analysis. In contrast, he explains how moderate parties of one ethnic group are able to induce their supporters to cast ballots for moderate parties supported by voters of another ethnic group. Prof. Horowitz also explains why the incentives for parties to arrange interethnic vote transfers are much greater under AV than they are under systems such as single transferable vote, which is in use in Northern Ireland, and shows that Fraenkel and Grofman\u27s interpretations of AV\u27s operation in Australia, Fiji, Sri Lanka, and Papua-New Guinea are contrary to the evidence

The status of the California Barracuda resource and its management

The California barracuda, Sphyraena argentea, has been fished commercially for over 70 years. Peak landings were made during the early 1920's and have since declined to an incidental level. The present interest in barracuda centers around its desirability as a game species. Recent estimates of barracuda abundance indicate the population is at a low level and in need of increased management efforts. (21pp.

We the People : John Locke, Collective Constitutional Rights, and Standing to Challenge Government Action

The Article is presented in three Parts. Part I documents the enormous effect that Locke\u27s political philosophy had on the Constitution\u27s Framers and traces the idea of collective rights through Locke\u27s Second Treatise, showing how Locke viewed government as a trustee and society as the settlor-beneficiary that forms and gives legitimacy to the government. Part II reviews the development of the current doctrine of standing and demonstrates how the current standing model creates a class of cases where government may, with impunity, violate the Constitution. Part III demonstrates the anomaly of the Supreme Court\u27s current doctrine in a society founded on the ideas of John Locke. It then explores the constitutional provisions where collective rights have already been recognized by the courts, though not with respect to standing analysis. Finally, Part III proposes a revision of the current test for standing to ensure that vindication of society\u27s collective rights is possible without creating universal standing and thus threatening the courts with a tidal wave of litigation brought by “officious intermeddlers.

Pre-cruise report 72-KB-19: Big game fisheries investigations

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There\u27s No Reason For It; It\u27s Just Our Policy: The Well-Pleaded Complaint Rule Sabotages the Purposes of Federal Question Jurisdiction

This Article is presented in three parts. Section I traces the statutory and case development of federal question jurisdiction, both under the constitutional and statutory “arising under”\u27 language. Section II demonstrates the problems that the Mottley rule has caused in building a rational system of federal question jurisdiction, particularly in cases seeking declaratory judgments. Section III contends that the Mottley rule is irrational because it is a mechanical rule that ignores important policy considerations underlying the existence of federal question jurisdiction. Section III goes on to suggest that federal question jurisdiction should depend upon the centrality of the federal issue to the litigation and the importance of federal, rather than state, resolution of the issue. Finally, section III urges that federal jurisdiction ought to exist when a plaintiff anticipates a federal defense, and that either party ought to be permitted to remove a case from state to federal court when any of the pleadings raises a pivotal federal issue. Only in this manner can the purposes underlying federal question jurisdiction be served consistently

Stable combustion of a high-velocity gas in a heated boundary layer

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