Legislative Behavior in Romania: The Effect of the 2008 Romanian Electoral Reform

This article analyzes the impact of electoral rules on legislators’ rate of vote defection from their party position in legislatures while accounting for how party‐leadership strength mediates this impact. To this end it looks at the effect of the 2008 Romanian electoral reform. The reform shifted the electoral system from a closed‐list proportional representation to one in which all candidates run in single‐member districts. The analysis finds that because party leaders have maintained their leverage intact, the impact of the reform was minimal, with legislators being more likely to defect in less important votes only, in which party leaders allow defection. Also, after the reform legislators are more likely to use other means to impress their voters, such as legislative initiation and cabinet questioning. These forms of behavior are more accepted by party leaders.     

Congressional Performance,Incumbent Behavior,and Voting in Senate Elections

Conventional wisdom suggests that individual members of Congress have no real incentive to act in ways that might improve public evaluations of their collective body. In particular, the literature provides no clear evidence that public evaluations of Congress affect individual races for Congress, and little reason to expect that voters would hold specific individuals responsible for the institution's performance. We suggest that this conventional wisdom is incorrect. Using multiple state‐level exit polls of Senate voting conducted by Voter News Service in 1996 and 1998, we arrive at two key findings. First, we find that evaluations of Congress do have a significant effect on voting within individual U.S. Senate races across a wide variety of electoral contexts. Second, we find that punishments or rewards for congressional performance are not distributed equally across all members, or even across members of a particular party. Instead, we find that the degree to which citizens hold a senator accountable for congressional performance is significantly influenced by that senator's actual level of support for the majority party in Congress, as demonstrated on party votes.     

Military Base Closures and the 1996 Congressional Elections

This article examines the extent to which changes in distributional benefits influence congressional election outcomes. Although conventional wisdom holds that a direct link exists between distributional benefits and electoral outcomes (Mayhew 1974b), recent evidence suggests that this link only exists under certain circumstances (Stein and Bickers 1994). In this article, I use 1995 military base closures to test the nature of the relationship. Contrary to recent research on the politics of pork barreling, my findings indicate support for a direct relationship between major base realignments and closures and House electoral outcomes. Specifically, major realignments and closures significantly decreased first‐year Democrats' vote margins in the 1996 House elections.     

Issue Voting and Partisan Defections in Congressional Elections

In every election cycle the fate of some candidates is determined by partisans who defect from their usual voting habits to cast a ballot for the candidate of the opposing party. Defections in congressional elections have been attributed to incumbency, presidential approval, partisan strength, and factors related to individual voters. Our systematic assessment of the impact of issues on voter defections shows that party‐owned issues and performance issues associated favorably with one party affect the likelihood of partisan defections. The results suggest that congressional candidates can use issues to draw supporters away from the opposing party and to keep partisan voters loyal.     

Congressional Elections in Presidential Years: Presidential Coattails and Strategic Voting

This article analyzes voting for Congress in presidential election years. The national Democratic vote for the House increases with the Democratic vote for president but decreases with the Democrats' perceived chances of winning the presidency (anticipatory balancing). The evidence for coattails and for balancing become visible only when statistically controlling for the other. The aggregate evidence for coattails and balancing in presidential years is reinforced by the analysis of National Election Studies (NES) survey respondents. That analysis shows that politically informed voters are more likely to vote for Congress against the party that they believe will win the presidency.     

Electoral Rules and Legislative Parties in the Ukrainian Rada

Critics of Ukraine's single‐member district majoritarian and mixed‐member majoritarian electoral systems argue that they undermined the efficiency of the Supreme Rada by permitting nonpartisan single‐member district deputies to enter the legislature in large numbers. Such deputies changed parties and ignored party positions. This article argues that the effect of the differences in how legislators are elected is dependent upon whether legislators are partisans. The statistical analysis of party switching and party cohesion in the Rada from 1998 to 2002 shows that nonpartisan single‐member district deputies were the most likely to switch parties and the least cohesive.     

The Effect of the Electoral Calendar on Politicians' Selection into Legislative Cohorts and Legislative Behavior in Argentina, 1983–2007

How do electoral opportunities affect politicians' career strategies? Do politicians behave strategically in response to the opportunities provided by the electoral calendar? We argue that in a legislature that combines nonstatic ambition with a staggered electoral calendar, different kinds of politicians will have dissimilar preferences towards running in concurrent or midterm elections. More specifically, politicians with no previous executive experience should strategically run in midterm legislative elections in order to increase their visibility among voters, while more experienced politicians should opt for concurrent elections. We support these claims with data from the Argentine Chamber of Deputies between 1983 and 2007.     

Electoral Influences on Legislative Behavior in Mixed‐Member Systems: Evidence from Ukraine's Verkhovna Rada

Abstract: This article addresses how mixed‐member systems that combine proportional representation (PR) and single‐member districts (SMD) into a single election can influence legislators' voting behavior. Scholars have generally extended standard expectations of behavior to mixed‐member systems by assuming that legislators occupying PR seats in mixed‐member parliaments should be more cohesive than those occupying SMD seats. I argue that controlling for seat type alone does not take into account the interaction between PR and SMD in mixed‐member systems. Using voting data from Ukraine's Verkhovna Rada, I show that controlling for dual candidacy and the “safety” of the deputy's district or list position increases our understanding of the factors motivating legislative cohesion.     

The Role of Ideology in State Legislative Elections

In this article, I examine the effect of incumbent ideology on elections in 45 state legislatures, showing that ideological extremists are more likely to be opposed in the general election than are moderates and that extremists tend to do worse in challenged elections than moderates do. I also explore the intervening role of legislative professionalism, finding that in the majority of state legislatures moderation is rewarded, though in the most professionalized legislatures, incumbents are actually rewarded for extremism. These results show that despite the informational disadvantage of the electorate, the ideology of state legislators is an important factor in elections.     

Sources of Competition in State Legislative Primary Elections

Primaries are an important but understudied component of American elections. In this article, I examine competition in state legislative primaries across 25 states during the 1994 and 1996 election cycles. My findings indicate that competition varies greatly and is affected by a number of factors on the state and district levels. The presence of an incumbent reduces competition, but strong district support for a party leads to greater competition in that party's primaries. Population size and social diversity do little to affect competition, but urbanism and unified party control have a positive impact. Further, legislative professionalism is associated with greater competition, particularly in open‐seat races. Overall, the results have important implications for theories about the conditions that enhance or inhibit competition across different types of elections.     

Electoral Institutions,the Personal Vote,and Legislative Organization

What is the relationship between electoral institutions and the internal organization of legislatures? Existing research on the U.S. Congress suggests that electoral incentives shaped by the candidate‐centered nature of congressional elections explain the emergence of strong committees in that legislature. Exploring the issue from a comparative perspective, it is argued that the impact of ballot structure on committee system structure is dependent on how legislators cultivate personal votes. Committees will be stronger when legislators supply fiscal legislative particularism (pork), but weaker when legislators cultivate support by delivering extra‐legislative constituency service. Statistical analysis, combining original data on committee design in 39 democratic legislatures with measures of ballot structure and mechanism to cultivate a personal vote (MCPV), confirms the expectation.     

商业秘密理论与立法探讨

随着商业秘密财产价值之凸显,我国现行法律所提供的保护规范已明显不足。本文对商业秘密的概念、范围、性质、特征以及侵犯商业秘密行为的归责原则和方式进行了比较全面、系统的归纳和分析,并在引述和比较国内外相关立法基础上提出了完善我国商业秘密保护之立法建议。     

Retrospective Congressional Oversight and the Dynamics of Legislative Influence over the Bureaucracy

Research stresses that congressional committees increase their oversight of the bureaucracy during divided government. We extend this research by developing an explanation, rooted in a more dynamic view of policymaking, for why Congress would sometimes conduct vigorous oversight under unified control as well. In short, committees seem to engage in what we call “retrospective oversight” and take advantage of newly friendly executive administration to refocus existing policy made under a past opposition president. We assess our perspective using two separate sources of data on oversight hearings spanning more than 60 years and find support for our claims regarding retrospective oversight.     

香港特区立法会选举制度探析

香港立法会由什么样的议员组成,是香港选举制度发展一个重大问题,不仅关系到香港的政治生态,而且关系到香港社会稳定与经济的发展。香港选举制度的发展应遵循循序渐进、均衡参与的原则。功能组别的存在本身具有合理性,功能组别选举也是香港选举制度发展特色之一,在香港民主制度的发展中发挥了重要的作用。但是也应当看到功能组别选举中的一些不合理因素,也需要进一步改革,为了保持社会的稳定性及政改的便利性。较为理想的路径选择是分阶段推动功能组别的改革,使之与香港社会民主制度的发展相适应。     

Assessing the President's Role as Party Agent in Congressional Elections: The Case of Bill Clinton in 2000

Presidents have become their parties' chief fund‐raisers and thus have the capacity to further their parties' collective fortunes by imposing a more efficient distribution of campaign resources than might otherwise prevail. In order to succeed, presidents must, first, accurately target their efforts where they will best improve candidates' prospects for winning seats, and second, either directly or indirectly (through signaling to other donors) generate sufficient new resources to affect the election outcome. Analyses of Bill Clinton's extensive fund‐raising efforts during the 1999–2000 election cycle confirm that presidents can indeed use their unmatched fund‐raising ability to help their parties win congressional contests they might otherwise lose. But analysis of the Clinton record also shows that presidential fund‐raising activities may be shaped by other purposes that lead to a distribution of effort that is suboptimal for the party.     

侵犯商业秘密罪的立法定位与司法认定

商业秘密在刑法中与在民商法、经济法中有不同的定位,基于刑法谦抑性,应对刑法中的商业秘密进行严格解释。刑法与民法是站在不同的立场,出于不同的目的看待损失的,在侵犯商业秘密罪中,重大损失认定的依据应以侵权获利额为原则,业秘密罪中常见的犯罪形态,在本罪的行为模式中,外的个人也有构成单位犯罪的可能。特殊情况下可参考许可使用费。单位犯罪是侵犯商个人的侵权行为与单位的行为具有对向性,单位之     

The Inefficient Secret Revisited: The Legislative Input and Output of Brazilian Deputies

Shugart and Carey (1992) posit that presidential democracies in which legislators have a parochial focus of representation are electorally inefficient because voters are not offered highly identifiable choices over national policies. Such systems are driven by an inefficient secret, which is essentially a nonpartisan representation of the policy process. To check the propositions of the inefficient secret model (ISM), this article investigates the aggregation level, effect, and subject of Brazilian deputies' legislative input and output. Our empirical analysis indicates that, although some ISM‐related factors drive legislative output, there is partisanship in deputies' legislative input. This result means that the ISM underestimates the prospects for programmatic parties (especially in opposition) to emerge within systems where the electoral and constitutional rules encourage particularism.     

The Power of an Hour: Effects of Candidate Time Expenditure in State Legislative Elections

Using survey data from more than 500 legislative candidates in 17 states during the 2008 election, I examine whether state house candidates who devote more time to their campaign win a larger share of the major‐party vote. Consistent with previous work studying campaign spending in state legislative elections, I find a positive and significant association between campaign time and vote percentage for challengers—but not incumbents—in incumbent‐contested elections.     

Government Redistribution in the Shadow of Legislative Elections: A Study of the Illinois Member Initiative Grants Program

We study an Illinois state government program called “member initiative spending” and examine the extent to which three competing theories can explain the program's allocations among Illinois's 118 House districts. We show that member initiative monies distributed before the 2000 general election were disproportionately allocated to districts that were politically competitive, represented by legislative leaders, or represented by moderate legislators. Our analysis supports theories that claim budgetary decisions made by elected officials are tactical, and it shows that the Illinois decision makers who allocated member initiative funds sought to distribute them in a way that would be most beneficial in the sense of vote buying.     

Taking the Leap: Voting,Rhetoric, and the Determinants of Electoral Reform

The Second Reform Act ushered in the age of democratic politics in the United Kingdom by expanding the voting franchise and remedying legislative malapportionment. Analyzing parliamentary debates and divisions, we investigate why reform successfully passed the House of Commons in 1867. We consider why reform passed under a minority Conservative government yet failed under a majority Liberal government despite no election or change in membership. Though partisanship is most influential for parliamentary voting, it is an incomplete explanation given the absence of modern party institutions. Rather, we argue that the narrowed scope of debate under the Conservatives was crucial in passing reform.