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Social and Behavioral Sciences Commons

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Public Administration

SelectedWorks

2011

Law and Society

Articles 1 - 2 of 2

Full-Text Articles in Social and Behavioral Sciences

Seeing The Forest Through The Trees: Thinking Critically About Mental Health Courts, John A. Bozza Apr 2011

Seeing The Forest Through The Trees: Thinking Critically About Mental Health Courts, John A. Bozza

John A Bozza

The almost universal acceptance of the problem-solving court concept by both the courts and the academic community provides a good example of the hazards of the bandwagon effect on the de-velopment of public policy. The proponents of therapeutic juris-prudence have successfully promoted the adoption of these pro-grams by repeating and then having others repeat a mantra of success that grossly belies reality and ignores the compelling is-sues they raise. Not surprisingly, this has led to the develop-ment of an extensive bureaucracy fueled almost entirely by fed-eral money and encouraged by cheerleaders entrenched in the self-serving subculture of therapeutic jurisprudence. Unfortunately, …


Collective Choice, Justin Schwartz Jan 2011

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …