• A Cable is a Very Big Wire

      1972-01-01
      A cable is a cavernous communications highway three hundred million radio-frequencies wide, as much larger than a telephone wire ;:; ..we are than an ant. The immense frequency capacity of the cable is indefinitely repeatable and infinitely flexible. In its atomic form of a single closed system, the concept and technology of cable is comparatively simple. But to envision it in its evolved aggregated form, the architectural complexity of cable communications presents an almost metaphysical challenge. The importance of cable? A mixture of fact and fancy, dreams and nightmares. The availability of tens to hundreds of video channels and thousands to millions of data channels on a mass basis can serve every imaginable communications purpose. Access by cable to computers, libraries, social services, commercial services, and education; community forums, soapbox studios, and cradle-to-grave records; Sears and Roebuck, The Whole Earth Catalogue, and pornography; wall screens, three-dimensional holography, burglar alarms, and surveillance; electronic mail, instantaneous credit verification, and the Internal Revenue Service on the home terminal. As cable communications matures, it will profoundly reorganize the pattern of our collective and individual lives.
    • A First Appraisal of Serrano

      John E. Coons; Wm. H. Clune,; Stephen D. Sugarman (1972-01-01)
      A host of legal and related issues have been posed by the recent decision in Serrano v. Priest; a selective scanning of these issues, in an attempt to ascertain their importance and likely impact, is now necessary. In Serrano the Supreme Court of California held that to the extent existing differences in spending among school districts are caused by differences in wealth, the present scheme for financing public schools in California violates federal and state equal protection guarantees. The court further held that although school finance mechanisms may differ along many dimensions, they must respect one proscription: the quality of public education, at least as measured by spending per pupil, may not be a function of wealth other than the wealth of the state as a whole. Redundancy may be helpful here. One restatement of the court's holding is that Serrano requires of the state a fiscal neutrality among those agencies it creates and empowers to make different choices regarding educational spending. Another paraphrase would be that, to the extent the state allows quantities of public education to be bought by local units (whether counties, school districts, schools, or families), unit wealth must not be allowed to affect the quantity purchased. Since, as things stand, local taxable wealth per pupil is a major determinant of public school spending in almost all states, Serrano is significant; insofar as fiscal neutrality is not an elementary or unambiguous concept, the meaning of Serrano remains obscure. Speculation about its career is worthwhile if risky.
    • A Proposal for Funding Legal Services

      Roitman, Howard (1973-01-01)
      Connecticut may have found a way of transforming the baser elements into gold. At least, that seems to be the effect of a bill that the State Treasurer has prepared for introduction in the 1973 session of the General Assembly. The bill, which is designed to ease the financial plight of the Connecticut Commission on the Arts, offers the possibility of a novel funding mechanism for other activities including legal services for those who cannot otherwise afford them. This article will describe the Connecticut plan, explore possible difficulties with it in the light of the Internal Revenue Code, and propose a model statute for the plan's application to legal services.
    • A Proposal for Political Marketing

      Charles Hampden-Turner (1971-01-01)
      Political marketing offers a new way of assisting the economic development of poor communities and of creating opportunities for integrating political values with daily activities. Central to the concept of political marketing is the belief that the considerable purchasing power and growing political consciousness of liberals and radicals in America can be harnessed to assist in the generation of economic well-being for the poor. Community development corporations represent an attempt to create independent institutions-owned and operated by residents of urban and rural poor communities- for stimulating the economic and social development of the poor. The strategy of political marketing is to urge liberal and radical consumers to provide a guaranteed market for the products and services of community development corporations. Consumer marketing organizations-C.M.O.'s-formed by the consumers would serve as vehicles for consumer expression and thus as a source of guidance to the community development corporations-C .D .C.'s-about their primary market. Through the C.M.O.'s and acts of "political" consumption, the consumers would be provided with new avenues for political expression and for making political values more relevant to their lives.
    • A Social Scientist's View of Gault and a Plea for the Experimenting Society*

      Vaughn Stapleton (1971-01-01)
      In handing down its decision in In Re Gault, the Supreme Court extended to youths accused of delinquent acts certain constitutional rights heretofore reserved for adults in criminal proceedings, i.e., the right against self-incrimination and the rights to timely notice of charges, counsel and confrontation of witnesses. In arriving at its far-reaching decision, the Court confirmed what many critics of the juvenile court movement had been saying for years: that this nation's juvenile courts are beset with serious problems in handling the task for which they were specifically created- the "non-criminal" adjudication and treatment of delinquent children. The Gault opinion reveals that the majority decision was apparently founded as much on social science "fact" as it was on more fundamental principles of legal reasoning. Indeed, it is apparent that the Court was in somewhat of a dilemma in trying to prove that juvenile courts were, in fact, not fulfilling the promise of their founders. Paramount among the Court's considerations in this regard were the observations: l) that juvenile crime has increased, not decreased, since the establishment of the juvenile justice system; 2) that a "delinquency" label is inherently stigmatizing; 3) that the manner in which a youth perceives the legal system has profound effects on his future development as an adult member of society and; 4) that institutionalization, even for treatment purposes, is nonetheless involuntary deprivation of liberty.
    • Abortion and Health Care: A Discussion

      No Author Listed (1972-01-01)
      No legislation can be shown to help women more than no law in the area of abortion. The type of legislation that Lamm and Davison are suggesting, and which they consider to be a liberal, reform bill, strikes me in reality as almost as oppressive to women as a very strict law such as the Connecticut law, which only permits abortion when necessary to save the woman's life. Their bill is still controlling a woman's decision, which is anathema to me.
    • Abortion Reform

      Richard D. Lamm; Steven G. Davison (1971-01-01)
      All societies have faced the problem of unwanted pregnancy. A recipe for inducing an abortion has been attributed to the Chinese Emperor Shen Nung, who reigned in the 27th century B.C. Egyptian papyri containing information both on birth control and abortion have been found. Views on abortion, however, have varied both between cultures and within the same culture. The Hippocratic oath, which states, "I will not give to a woman an abortive remedy," did not reflect contemporary Greek attitudes, but was derived from the views of Pythagoreans, a minority within the Greek culture. Plato suggested abortion as a method for maintaining the stability of population in his ideal state, _and Aristotle felt that abortion "before she felt life" was the solution when a woman "had the prescribed number of children."
    • Betterment Recovery: A Financial Proposal For Sounder Land Use Planning

      Wexler, Marvin (1973-01-01)
      Many commentators have focused attention on the problems and potential of the land use planning process. Others have examined the relative merits of various approaches to public finance. But very few have inquired into the complex connection between the two legal and institutional systems. Betterment recovery, a process by which the government recaptures value which its planning decisions have created, is a phenomenon which makes that connection. This article is an attempt to fill a vacuum which exists in both thought and practice. It is written with a conviction that the subject is an important one.
    • Between Juvenile and Adult Courts: A No Man's Land for the Youthful Offender

      Nancy L. Iredale; Paul L. Joffe (1971-01-01)
      In the great majority of states all persons who have not reached their 16th birthday are within the original, exclusive jurisdiction of the juvenile courts. All those who have reached their eighteenth birthday are within the exclusive jurisdiction of the adult criminal courts. It is the remaining category-16 and 17 year olds-with which this paper is concerned. Most states have some provision for transferring 16-or 17 year old defendants between juvenile and adult courts. Usually the responsibility for the transfer rests with the juvenile court-a youth's case is considered first by a juvenile judge who decides whether to transfer it to the adult court. Transfer statutes typically require certain basic findings by the court, such as the nature of the offense and amenability of the accused to rehabilitation. Yet, while most codes now require an investigation prior to the decision as to transfer, few (with the model exception of Texas) indicate what specific criteria are to guide the judge in deciding whether to transfer the youth.
    • Book Notes

      Brown, Elliot (1972-01-01)
      Book reviews
    • Breeder Reactors and the National Environmental Policy Act

      Holme, Howard (1972-01-01)
      meltdown at an experimental breeder reactor outside Detroit brought officials close to calling for the evacuation of the city's 1.5 million inhabitants. An Atomic Energy Commission (AEC) projection of damages from a nuclear accident at a hypothetical small nuclear power plant 30 miles from a city smaller than Detroit included 3,400 people killed and $7 billion in property damages. A subsequent report updating the projections has been suppressed. Congress, under heavy pressure from utilities and insurers, has passed the Price-Anderson Act limiting federal liability in the event of such an accident to $5 60 million.
    • Cable on the Public Mind

      Yin, Robert (1972-01-01)
      Cable-TV is coming to the cities to serve 137 million people. The technologists are ready. They can easily demonstrate the vast potentials of advanced cable systems: two-way audio video communication between classrooms and students at home; data storage and retrieval systems to make medical records, library materials and pictorial and filmed subjects available to individual users; microwave links and satellite relays to connect whole regions of the country. The businessmen are ready. They will compete vigorously for franchising rights in the cities as they already have in many places, and they will build cable systems wherever profits can be made.
    • Can the Law School Succeed? A Proposal

      Robert Borosage (1971-01-01)
      The crisis of the university has finally affected the law school. Its symptoms are evident to all: the growing disaffection among students with traditional teaching methods; the increasing ambivalence of younger faculty and students about the value of studying the law; the spreading boredom in law classes; the escalating protests by students over school issues. To comprehend the sources of the problems, it is necessary to view the law school in its societal context. Law schools have served a definite channeling function in society. Their role has been to train "legal professionals," preparing students for entrance into the corporate law firm and the managerial elite. Nothing better illustrates the bankruptcy of legal education than the pride with which the law school has accepted such an inherently limited role.
    • Cases and Materials on The Outfit

      Rosen, David (1973-01-01)
      I remember one night Pam showed up at the House at three in the morning. Not that there was anything unusual in somebody showing up that late; the TV was always on with competition from at least one stereo, there were shoulders to cry on, ears anxious for the latest gossip, and always somebody was there who was ready to share good dope with all comers.
    • CATV and Access to Knowledge

      Molenda, Michael (1972-01-01)
      What the cable promises is a quantum jump in access to knowledge. Storehouses of films, tapes, records, still pictures, video cassettes, microfilms, programmed instruction, computer games, and. instant news printouts might be· dialed up on any wired-in television receiver. Two-way conferences with live experts are being cablecast already. In contrast to the mass media, which are involved in broadcasting, cable represents a selective medium for narrowcasting. Instead of catering exclusively to the largest possible audiences, cable makes it technically and economically feasible to transmit highly specialized. packages of information to small, selected audiences. This is parallels the magazine business, where a host of flexible, specialized publications have sprung up to supplant the old monolithic mass circulation magazines.
    • CATV Franchising in New Jersey

      Leone, Richard (1972-01-01)
      For more than a decade, while Congress and the FCC were debating the big issues of national communications policy with broadcasters and cable television executives, thousands of municipalities quietly made decisions that may decide much of the future of broadband communications. With scant public notice, local officials bestowed lucrative, long-term franchises which set forth terms and conditions for the development of CATV for decades to come.
    • Change in a Modern Prison

      Claridge, Robert (1972-01-01)
      The prison at Danbury, Connecticut, stands as one of the most progressive in the modern federal correctional system. White and scrubbed, it lies anchored in a rolling landscape. An observation tower just outside is the visitor's only hint that the sprawling structure he approaches is a prison and not a school, factory or corporate headquarters. He enters through electric sliding doors to the spacious prison compound whose athletic fields are bordered by administrative offices and by glove and cable factories. Lining the compound's perimeter on the left and right are dormitories named after nearby towns and states. To the front of the institution on the left are the individual locked cells that make up the "Intensive Treatment Unit" or "hole" that is used for disciplinary punishment. But medium security Danbury Federal Correctional Institution does not have the harsh atmosphere that often surrounds a maximum security institution. Since sentences at Danbury are relatively short, discipline is normally less than severe and there is variety in programs and personnel. Some of Danbury's approximately 700 inmates are serving the final months of sentences that began in higher security federal institutions. Others have been assigned to the FCI to serve either short, fixed terms or sentences which are flexible and give a chance for early parole. Most inmates have been convicted of property crimes-ranging from car theft to bank robbery-or of drug offenses.
    • Community Mental Health: Why the Benign Neglect?

      Wellington, Sheila; Tischler, Gary (1973-01-01)
      The Community Mental Health Centers Act of 1963 was the culmination of decades of effort to achieve equity in the provision of mental health care by developing a comprehensive and coordinated network of service within the community. The statute projected the mental health profession beyond the confines of the clinical establishment into the fabric of community life. The challenge given the new mental health centers was to aid people, " ... too fearful, too angry, too alienated, too hopeless to seek any kind to help."
    • Cops in the Courts I: Police Misconduct Litigation

      Harmon, Sasha (1972-01-01)
      Police brutality and police harassment are crimes. Ironically, they are probably prompted or encouraged by a widespread public concern with "law and order," with stopping "crime in the streets." Much of police misconduct may stem from a desire by police to Jive up to their own and the public's image of them as tough crime stoppers; they may act overzealously to detect and apprehend wrongdoers.
    • Cops in the Courts II: Portrait of a Watchdog

      Schwartz, Leland (1972-01-01)
      Attorney John R. Williams has taken on the New Haven Police Department and slammed it harder than it has ever been hit before. Since last September the 30-year-old lawyer from Fargo, North Dakota, has brought more than $5 million in federal lawsuits against at least eight detectives and as many high department officials including Biagio DiLieto, Chief of the New Haven Police Department. The suits charge them with framing innocent people on drug violation, perjuring themselves at trial, coercing addicts to become informants by vicious beatings, threats and offers of a constant supply of narcotics and with actually supplying hard drugs. Williams charges that New Haven policemen, particularly those involved in narcotics enforcement, use illegal police techniques as common practice. He says more than 90 per cent of all drug cases involve one or more form of police misconduct.