Punishing corporate criminals with restraint

This article is a revised version of a paper originally written for, and presented at, the eighth international conference of the Society for the Reform of Criminal Law, Hong Kong, December 4–8, 1994. Parts have been published in Don Stuart,Canadian Criminal Law 575-91 (3d ed. 1995).     

The R and D contract and democratic theory

The purposes of this essay are to describe how federal research and development policy has altered authority relationships and to suggest a new concept of legitimacy in accord with the changed conditions. Research and development (R and D) creates an indeterminate future. Thus, the politics of research and development incorporates an apparent contradiction : political leadership demands that jobs be done which require creative and unpredictable actions on the part of private organizations, while it also demands that contractors be held responsible for fulfilling goals efficiently, avoiding deleterious secondary consequences, and refraining from abuses of power. The paradox can be resolved by creating norms of responsibility that allow for judgments on how a job is done rather than what is to be done. New institutions for technological assessment to check on unintended consequences of projects and citizen review boards to estimate the quality of life engendered by projects may provide such norms of responsibility.     

Local planners — global constraints

A number of reports have been published over the past few years documenting the evidence of decline in the northeastern U.S.A. and the simultaneous migration of industry to the U.S. Sunbelt. (Academy for Contemporary Problems, 1977; Sale, 1975; Sternlieb and Hughes, 1975). In developing appropriate recommendations to planners, such studies invariably urge that localities or regions facing industrial out-migration arrest this activity by making themselves more suitable and attractive (Council for Northeast Economic Action [CNEA], 1977a) within the framework of a number of characteristic strategies. We propose to examine critically some of the traditional strategies recommended by these reports.     

Competition in political and economic markets

Prepared as a response to Frey and Eichenberger's Anomalies in Political Economy. We thank Gordon Tullock for helpful discussions. This work was partially supported by the Taylor Experimental Laboratory at Washington University.     

Executive capacity to control legislatures and presidential choice of cabinet ministers in East Asian democracies

How do presidents in new democracies choose cabinet ministers to accomplish their policy goals? Contrary to existing studies explaining the partisan composition of the cabinet with institutional characteristics, such as formal authority, we argue that the broader political context surrounding the president's ability to control the legislature can affect cabinet partisanship. By analyzing original data on cabinet formation in all presidential systems in East Asia since democratization, we find that when presidents are more likely to be dominant in executive–legislative relations, they have less concern about legislative support and more leeway to focus on policy performance by appointing nonpartisan cabinet members. This analysis suggests that understanding cabinet partisanship requires a view of cabinet appointments as a trade‐off between securing legislative support and managing policy performance, and the scope of this compromise depends on the strength of the president vis‐à‐vis the legislature.     

Democratization and women’s representation in presidential cabinets: evidence from East and Southeast Asia

This article examines patterns of women’s cabinet representation across all presidential democracies in East and Southeast Asia since democratization. It demonstrates how the choice of female ministers differs across career backgrounds in presidential systems and further examines why young presidential systems in Asia are conducive to women’s access to ministerial power through professional career tracks. We argue that despite women’s successful performance in national legislative elections, women have been restricted to access the power resources necessary to target other political goals, such as cabinet positions, whereas democratic transition has provided broader avenues for women to emerge as professionals outside party politics. By analyzing original data on female ministers in East and Southeast Asia, the study finds that the share of women among professional ministers has increased over time, but women’s share among political ministers has not changed significantly. Additionally, the different qualifications of female politicians and professionals also make them eligible for appointment to different types of policy areas in terms of prestige and gender. Our analysis suggests that women’s cabinet representation has improved overall since democratic transition in Asia, but this improvement disguises contrasting outcomes in women’s cabinet status according to their career backgrounds.