Interstate Cooperation: The Roles of the State Attorneys General

State attorneys general are major participants in intergovernmentalrelations in the United States. This article presents six modelsthat may explain their interactions with each other and teststhree hypotheses associated with two models. Their interactionscomport with the cooperative and the innovation-diffusion models.Only limited evidence supports the hostility model and its associatedhypothesis. No evidence supports the mercantilist and competitivemodels. The response from only one attorney general suggestedhis actions are based on the benign neglect model. The conclusionis drawn that the cooperative activities of the attorneys generalhave produced a more harmonious federal system in terms of enforcementpolicies.     

The grammar of credibility assessment: A functional analysis of two legal questioning styles

Analysis of the rhetoric of attorney questioning has typically focused on the manipulative nature of questions and on the various mechanisms used by attorneys to influence the answers of witnesses. The analysis undertaken here investigates the notion that attorneys’ questions themselves create a representation of reality that constitutes a soty of meta‐testimony: a case within a case. This representation, operating independently of the answers given by witnesses, functions as a type of commentary on the credibility of the witness and the accuracy of prtrayals of events. The analysis suggests implications with regard to the role of attorneys and the process of a jury's assessment of evidence. The data under analysis is the examination questions asked during the sworn testimony of Andrea Wright, a witness in the Anita Hill/ Clarence Thomas hearings. A comparative analysis of questioning styles is undertaken with respect to process association, speech representation, and discourse label modification.     

State Attorneys General, Entrepreneurship, and Consumer Protection in the New Federalism

Although many scholars have acknowledged the important roleof states in regulatory enforcement, few have studied the decisionsof the state attorneys general to pursue particular multi-statelitigation actions. State attorneys general act as politicalentrepreneurs because they aggressively seek out market failuresin society to justify stronger regulation. Their motivationto serve the public comes from the fact that they are electedin 43 states and the office is often used as a springboard intohigher political office. A probit model analyzing the decisionto join seven high-profile multi-state enforcement actions thatlook place between 1996 and 1998 reveals that state citizenideology and the institutional structure of the office havethe strongest effects on the decision to join a case.     

LEGAL ISSUES IN EVALUATION RESEARCH*

Using a 1978 evaluation of a defensible space project which was published in the Social Science Quarterly, and later challenged by the originator of the project being evaluated this article explores the legal issues and considerations for those reporting evaluations and the journals which publish the evaluation reports. Serow outlines the information gathered in interviews with several practicing attorneys, a university press, two law school professors, a political science professor, an attorney in a University Legal Counsel's office and from a review of relevant legal references. She concludes the article with five recommendations for evaluators reporting their research.     

It's economic size,stupid! How global advocacy mirrors state power

Numerous empirical studies suggest that global interest communities are heavily biased in favor of wealthier countries. This research note critically reviews these works suggesting that they (i) lack a benchmark to assess the biased nature of global interest communities and (ii) conflate the concepts of “wealth” (based on GDP per capita) and “economic power” (based on GDP) into one analytical category. As a corrective to these problems, we compare variation in global interest group mobilization across countries to the size of these countries' national economies. Relying on an original dataset mapping interest groups communities at the World Trade Organization (1997–2012) and the United Nations Climate Summits (1997–2011), we show that (i) global interest representation almost perfectly reflects differences in countries' relative economic power and (ii) contrary to the conventional wisdom, wealthier countries are, relative to their economic size, actually underrepresented in global interest communities.     

The Politics of Enforcement: Eliot Spitzer, State-Federal Relations, and the Redesign of Financial Regulation

The dynamics of financial regulation in the United States havebeen transformed by a series of investigations mounted by EliotSpitzer, the state attorney general of New York. Through thestrategic use of his office, Spitzer has become one of the country'smost successful policy entrepreneurs. His success is linkedto the serendipitous confluence of three key factors: the diffusednature of regulatory authority in a federal system; the locationof the state as the preeminent global financial centre; andthe particularity of the New York State constitution, whichoffers little resistance to the vagaries of political ambition.The paper concludes that although Spitzer has highlighted seriousstructural problems and caused severe embarrassment, fundamentalchanges to market governance itself have been less evident.     

AMERICAN LIBERALISM AND THE DEMOCRATIC DREAM: TRANSCENDING THE AMERICAN DREAM

The "American Dream" is a compromise between an elitist dream and a democratic dream. While citizens enjoy equal political and legal rights, democracy is undermined in the economic sphere by vast inequalities of wealth, status and power. The American Dream can and should be transcended through a rediscovery of the "democratic dream" of Thomas Jefferson. Jefferson was a defender of popular government and equality, who viewed vast inequalities of wealth as incompatible with a society of free and independent citizens living together in social harmony. Jefferson favored a variety of policies to expand economic equality. In Jefferson one finds an authentically American set of ideas for challenging the consensus that limits democracy to political and legal rights.     

Counter-Reform in the American Welfare State: Ideas,Institutions, and Progressive Taxation

The Nixon/Ford years were a pivotal period when severe fiscal problems emerged whose resolutions constrained the ambit of social policy afterward. A shared diagnosis of economic challenges produced divergent effects in the electoral fortunes of the major political parties and set the stage for an upward redistribution of wealth. Horizontal equity became synonymous with overall tax equity. This article examines how economic ideas acquire political traction.     

Using the State for Change: Towards an Effective Labour Government

The capacity of the state to deliver transformative social and economic change appears more limited today than since Labour was last in government. A future Labour government will therefore need to reckon with the challenges this presents when it comes to harnessing the power of the state to distribute power, wealth, and opportunity, effectively. This article considers two aspects of state power. The first is the ability of the state to enforce laws, and in doing so shape social and economic norms. With reference to past successes and failures, there is discussion of how laws and regulations could be made more effective. The second aspect is state intervention in the economy, and the circumstances in which it is possible and desirable to nationalise key industries. The case is made for a thorough assessment of the efficiency and efficacy of such interventions in the economy, especially when weighed against other policy priorities.     

Sexual identity,citizenship and medical power of attorney: case illustrations from Northern Ontario,Canada1

Current analyses of sexual identity and citizenship offer complexity to debates about what it means to be a citizen in liberal democratic societies. However, thus far there is limited inclusion of ethnographic, narrative‐based research that addresses how lesbians and gay men experience and negotiate citizenship in their everyday lives. In this paper, I argue that attitudes about medical power of attorney are a lens through which we can examine how lesbians negotiate and experience citizenship in their daily lives and in medical settings. My analysis demonstrates how normative citizenship structures are experienced, reinforced and challenged by four lesbians living in a community in Ontario's Near North region, Canada. In providing case illustrations, I argue that the inclusion of lived experiences strengthens and deepens textual, historical and political analyses of citizenship.     

State Attorneys General As Interpreters of State Constitutions

The traditional duties of state attorneys general are to providelegal advice and representation for state officials. The exerciseof those duties afford attorneys general numerous opportunitiesto interpret state constitutions. Opinion writing is the mostvisible way in which attorneys general interpret state constitutionsand implement state appellate court decisions on constitutionalissues. While opinions are not binding on state courts, theyare regularly sought and almost always followed by state officials.Requests for opinions on state constitutional issues are mostlikely to pertain to the internal workings of state government.Not as visible, but just as important is the role attorneysgeneral play in litigating constitutional questions. In carryingout their traditional responsibilities to represent state officialsand their more recently articulated duty to defend the publicinterest, attorneys general are the most prolific litigatorsin state appellate courts.     

Sanction Power, Jurisdiction, and Economic Policy-making: Explaining Contemporary Telecommunications Policy in Japan

Variation in policy-making is an important analytical issue in public policy analysis, but it has not been extensively discussed in the literature on Japanese politics and political economy. Focusing on the interaction between state and societal actors, this article presents a causal argument to account for variation in Japanese economic policy-making. It is argued that variation in policy-making patterns is determined by the strength of a bureaucracy's sanction power and the exclusivity of its jurisdiction. This argument is elaborated through analysis of four related cases of Ministry of Posts and Telecommunications (MPT) policy-making: the privatization process of Nippon Telegraph and Telephone (NTT), the regulation of telecommunications after NTT privatization, the promotion of advanced telecommunications, and the reorganization of NTT. The causal framework is also applied to contemporary Ministry of International Trade and Industry economic policy-making to highlight the argument's preliminary applicability to Japanese policy-making. This analysis of Japanese policy-making lays a base for further analysis of variation in policy-making in general.     

Economic inequality,winner-loser gap,and satisfaction with democracy

This study analyzes how economic inequality affects electoral winners and losers' satisfaction with democracy. We posit that both the poor and the rich have more at stake in elections when inequality is high. Electoral losers, whether they are the poor or the rich, are more likely to be dissatisfied with democratic systems when facing greater disparity in wealth. In contrast, electoral winners confronting higher inequality are more likely to express satisfaction with democracy. Employing a multilevel analysis of Comparative Study Electoral Systems (CSES) data, we find that the gap in satisfaction with democracy between electoral winners and losers widens as income inequality increases. Broadening the conventional wisdom that electoral systems mediate the effect of citizens' winner-loser status on their democratic attitudes, we demonstrate that the mediating effects of economic inequality are more critical than the institutional effects.     

The new global governors: Globalization,civil society,and the rise of private philanthropic foundations

ABSTRACT

One of the important drivers of change within contemporary global civil society is the growing power and influence of private philanthropic foundations (PPFs). To illustrate this argument, this article considers the cases of the Bill and Melinda Gates Foundation (BMGF) and the Open Society Foundations (OSF), the largest and fourth largest PPFs in the world today by wealth or assets, and, especially, their founders. The article considers their influence within global civil society, within the context of international development, and the consequences of their activities for a range of international actors. This is done in the context of debate within the literature on the activities of PPFs, in which the articles sides with advocates of critical scrutiny. In developing its argument, the article draws on a range of sources including the financial statements and audited accounts of PPFs, of other non-governmental organizations and of selected inter-governmental organizations. It is argued that the BMGF and OSF are engines of neoliberalism and potent symbols of a second distinct ‘gilded age’ and that their influence must be restrained through anti-trust measures and through greater taxation and regulation.     

China's reform,internal trade and marketing

Abstract

This article analyses Macau's casinos as an example for accumulation by dispossession, in which they serve to transfer wealth from Mainland China to Macau and the casinos' foreign investors. They also represent a model for economic development and this model has migrated to Singapore, where it also operates as a form of accumulation by dispossession. By requiring citizens to pay an entrance fee, Singapore's casinos explicitly appropriate other people's money. The efficacy for the use of casinos as economic development is interrogated here because Macau's casino experience has emerged as a model for economic development in Asia beyond simply Singapore.     

Eighteenth-Century Objections to Commerce: A Modern Economic Analysis

This article uses modern economic theory to analyze two majorarguments of the eighteenth-century agrarian opponents of thecommercial republic. The two arguments are the claim that commerceincreases the variety of people within the republic, and theclaim that the wealth generated by commerce retards the people'sability to govern themselves. This article replies that theproblems created by pluralism depend crucially on the scopeof the government's power. Pluralism is less problematic ina limited government than in a government with broad powers.The problems created by luxury are not unique to commerce, andarise in any situation in which self-government is successful.     

Public choice and tort reform

The common law originally was thought to be immune to rent seeking. More recently, scholars have recognized that attorneys are engaged in exactly that activity. Rent seeking by the legal profession has greatly expanded the scope of US tort law, and generated efforts to reverse its expansion. Organized groups (attorneys, businesses and doctors) are active on both sides of the issue and the partisans have numerous tools available for advancing their agendas, such as litigating, lobbying for favorable rules and attempting to elect sympathetic legislators and judges. All of this creates an ideal setting for public choice analysis.     

Equity,efficiency and environmental quality

Many government policies ostensibly designed to serve allocative ends appear to be driven primarily if not exclusively by redistributive considerations. This paper analyzes one such policy, the New Source Performance Standards of the Clean Air Act of 1977, using data derived principally from studies commissioned by and known to those involved in the policy making process. These data are used to produce estimates of the magnitude and relative efficiency of the wealth transfers effected by the policy. Among our conclusions are that, at least with respect to this particular episode, (a) environmental regulation is an extremely inefficient method of transferring wealth and (b) transfers between groups within regions of the U.S. are large relative to transfers between those regions.     

Government allocation of property rights: Who gets what?

It is widely believed that regulatory programs that confer property rights in the United States represent a device for transferring income from those with less political power to those with more. An analysis of twelve regulatory programs that confer such rights shows that programs do define and allocate property rights according to clearly visible rules; but the rules work to support the economic status quo. To satisfy this paramount political objective, policymakers may sacrifice efficiency. But there is no evidence that they intend these programs to shift wealth from a weaker to a stronger group.     

The functioning and regulation of escrow accounts

Abstract

About 40 million Americans have mortgages serviced by escrow accounts. Yet escrow accounts are rarely covered by an explicit agreement between borrower and lender and are often poorly understood. As a result, escrow accounts have become the subject of growing controversy. Federal regulation of escrow accounts has become increasingly detailed and intrusive during the past two decades, and the subject is under almost continuous regulatory review. In the 1990s, the attorneys general of at least 10 states have sued large escrow account servicers over administration of accounts.

The purposes of this article are to explain briefly how escrow accounts work, benefit relevant parties, and are regulated by federal agencies, and to evaluate alternative regulatory programs. Most of the legitimate social goals of federal regulation could be achieved by requiring an explicit escrow agreement at the time of closing on a mortgage. A second‐best requirement would be that interest be paid on escrow balances.