How politicians see their relationship with top bureaucrats: Revisiting classical images

The relationship between politicians and bureaucrats is an enduring concern in political science. Central to this debate, Aberbach, Putnam, and Rockman (APR) in 1981 developed four images to characterize political-bureaucratic relations. We argue that the one-dimensional focus on roles in their images comes with important limitations. To deal with these limitations, we collect survey responses from 3,384 local politicians from four countries on seven dimensions of the political-bureaucratic relationship. We then use cluster analysis to develop six images bottom-up. Five of our images are largely consistent with APR's image II and III. Yet, they differ in the extent to which politicians trust the bureaucracy, consider them loyal, and see them as an important source of information. A sixth image is not consistent with any of APR's images. We find that both systemic (country, municipality size) and individual factors (ideology, position, seniority) contribute to differences in images. Overall, our images suggest that political-bureaucratic relations vary more between and within political systems than suggested by APR's images.     

Three Conceptual Problems with the Doctrine of Joint Criminal Enterprise

This article dissects the Tadi court's argument for findingthe doctrine of joint criminal enterprise in the ICTY Statute.The key arguments are identified and each are found to be eitherproblematic or insufficient to deduce the doctrine from thestatute: the object and purpose of the statute to punish majorwar criminals, the inherently collective nature of war crimesand genocide and the conviction of war criminals for joint enterprisesin World War II cases. The author criticizes this over-relianceon international case law and the insufficient attention tothe language of criminal statutes when interpreting conspiracydoctrines. The result of these mistakes is a doctrine of jointcriminal enterprise that fails to offer a sufficiently nuancedtreatment of intentionality, foreseeability and culpability.Specifically, the doctrine in its current form suffers fromthree conceptual deficiencies: (1) the mistaken attributionof criminal liability for contributors who do not intend tofurther the criminal purpose of the enterprise, (2) the impositionof criminal liability for the foreseeable acts of one's co-conspiratorsand (3) the mistaken claim that all members of a joint enterpriseare equally culpable for the actions of its members. The authorconcludes by briefly suggesting amendments to the Rome Statuteto rectify these deficiencies.     

Municipal Amalgamations and Common Pool Problems: The Danish Local Government Reform in 2007

Amalgamating municipalities carries risks in terms of public expenditure control. The tax base of the new amalgamated municipality represents a common pool resource. The incentive is to exploit it – that is, to spend before closing time. This article investigates last-minute spending by Danish municipalities before the local government reform in 2007 in which 271 municipalities were reduced to 98. It shows that local councillors exploited this situation to finance local projects before closing time. The article thus demonstrates the occurrence of common pool problems in amalgamation situations. However, it also shows that it is the availability of a common pool that matters, not its size.     

Weighing the “burden of ‘acting white’”: Are there race differences in attitudes toward education?

Recent reports by ethnographic researchers and media sources suggest that many African American students view academic success as a form of “acting white,” and that peer pressure reduces their level of effort and performance. This article analyzes the National Education Longitudinal Study of 1988 to answer three questions: (1) do blacks experience greater alienation toward school than non-Hispanic whites?; (2) do blacks incur social penalties from their peers for succeeding academically?; and (3) if so, are these “achievement penalties” greater than those for whites? Our analysis suggests the answer to each of the three questions is “apparently not.”     

China's corporate credit reporting system: A comparison with the United States and Germany

Corporate credit reporting (CCR), which aims at increasing trust in corporates, constitutes an intriguing, yet understudied set of regulatory institutions as it is both a regulatory object and subject at the same time. Differences in national CCR systems pose challenges for multinational companies and have increasingly become a subject of international conflicts on regulatory standards. In this context, the case of China deserves special attention since the country pursues both institutional divergence and convergence with international examples. Hence, the characterization of China's regulatory regime remains difficult. By comparing the institutional context of CCR in China to those in the United States and Germany, this paper sheds light on a specific aspect of China's complex regulatory regime. At the same time, it provides insights into the Chinese manifestation of CCR, which are important for the international business community.