Testing Spatial Models of Elections: The Influence of Voters and Elites on Candidate Issue Positions

This research tests spatial models of electoral competition using survey data on state legislative candidates' policy positions and ideology in eight U.S. states. Our data support several hypotheses: 1) candidates' issue positions do not converge; 2) party elites have more extreme positions than do candidates; 3) candidate issue positioning is a function of party‐elite issue positions and union involvement in the campaign, as well as constituency characteristics; and 4) when candidates rely heavily on elite resources during their campaign, elites become more important in shaping candidate issue positions.     

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.     

Freedom of Speech in Union Representation Elections: Employer Campaigning and Employee Response

In 1977 the National Labor Relations Board announced that it would no longer probe the truth or falsity of statements made in the course of representation campaigns. This decision, Shopping Kart Ford Market, overruled longstanding Board policy and was itself overruled the following year. Now, in August of 1982, the Board has again made a commitment to nonprobing and has reinstated the Shopping Kart standard (Midland National Life Insurance Co.,___ N.L.R.B.____, 110 L.R.R.M. 1489 (1982)). Such seesawing of Board positions suggests the difficulty of attempting to protect freedom of speech while simultaneously supporting other national labor policy goals, including employee freedom of choice and the integrity of representation elections. Critical to determining the appropriate standard for campaign speech is an understanding of how employees respond to misrepresentations or coercion in an employer's campaign rhetoric. This paper investigates the relationship between employer campaigning and employee response. Both employer and labor organization will have incentives to prevent coercive or misrepresentative speech at certain levels of violation severity. But in an intermediate range of speech in which that is not the case, the Board has a unique role to play in protecting the rights of individual employees and the public interest in the integrity of elections.     

Betwixt and Between Global and Domestic Forms of Justice: The Israeli Case Over Time

The article explores the theoretical and empirical links between global and social domestic justice and the ways in which these links are mediated by local heritages. Using Israel as a case study, we examine the links between macro-level globalization trends and domestic ‘‘spheres of justice’’ as evaluated by secular youth in mainstream Jewish secular state schools. We use two separate datasets: one covering 9,140 students in 48 schools in 1986 (hegemonic Zionism), and another covering 2,542 students in 24 schools in 2011 (globalization). We find that while neoliberal globalization trends present a considerable challenge to the foundational Zionist pioneering ethos, Israeli adolescents today do not unanimously embrace neoliberal principles of global justice. This suggests they are guided by complex beliefs encompassing both neoliberal and more domestically driven principles, creating co-existing and at times contradictory social justice judgment profiles.     

The Application of International Legal Norms Over Time: The Second Branch of Intertemporal Law

Intertemporal law governs the applicability of international legal norms ratione temporis. According to often used terminology, intertemporal law has two different branches. This article provides clarification of the so-called ‘second branch of intertemporal law’. It does so by refuting two commonly held assumptions. First, as established in section 2 of the article, the second branch of intertemporal law is not an exception to the first branch of that law. It cannot be, since both branches of intertemporal law centre on the same legal principle: an action or a factual state of affairs must be assessed in the light of the law which is contemporary with it. Secondly, as implicated by the line of reasoning in section 2, and further confirmed by the inferential evidence cited in section 3, the practical relevance of the second branch of intertemporal law is not confined to the application of the law on the acquisition to territory. It pertains to a more widely defined group of norms in international law.

     

Mastery Over the Time of the Other: The Death Penalty and Life in Prison Without Parole

Derrida’s seminar on the death penalty is a deconstructive reading of the debate over the abolition of the death penalty beginning in eighteenth century Europe. The main imperative of the reading is to address the limits of abolitionist discourses, which historically have been based on natural law conceptions of the right to life. Derrida’s interest in undertaking such a reading is to develop an abolitionist argument that would hold up in principle against the death penalty. However, in this paper I take Derrida’s insights into the meaning of the death penalty to explore what they reveal about political sovereignty, and in particular its relation to violence. The paper begins by addressing several relevant moments in Derrida’s reading of texts on both sides of the death penalty debate and shows how the arguments are each limited by some ‘unavowed’ interest that conditions the fundamental principles upon which they are based (Derrida, in Death penalty, Volume I. University of Chicago Press, Chicago, p. 142; 2014). These unavowed interests relate to what Derrida describes as the ‘compromise’ on the question of cruelty in the context of the death penalty. Based on these readings, the paper develops a concept of the death penalty defined as a relation to time, specifically, a relation of mastery over the time of the life of the other. It then connects this concept to Derrida’s analysis of political sovereignty found in Rogues (2005) and ‘Force of Law’ (2002) to make two arguments. First, the conception of the death penalty as a relation to time redefines so-called ‘death penalty alternatives’, such as life imprisonment without the possibility of parole as manifestations of the death penalty through other means; and, second, changes in the appearance of the death penalty reflect changes in the institution of political sovereignty, and in turn the status of the state.     

Enforcement of Civil Rights Law in Private Workplaces: The Effects of Compliance Reviews and Lawsuits Over Time

Has federal antidiscrimination law been effective in moving women and minorities into management? Early studies show that government affirmative action reviews improved the numbers, and rank, of blacks, but evidence of what has happened since 1980 is sparse. There is little evidence that civil rights lawsuits improved the employment status of women or African Americans. We examine establishment‐level effects of compliance reviews and lawsuits on the percentage of women and blacks in management. We find that compliance reviews, which alter organizational routines, had stronger and more lasting effects than lawsuits, which create disincentives to discriminate. We also find that deregulation was more consequential for compliance reviews than for lawsuits: Compliance reviews initiated in the 1980s were less effective than those initiated in the 1970s. Not so for lawsuits. Compared to lawsuits, compliance reviews appear to have a greater capacity to elicit lasting organizational change, but their effects are mediated by the regulatory environment.     

The Government and the Opposition: Postscript to the Presidential Elections

Boris Yeltsin, who won an impressive victory in the 1996 presidential elections, used "Do not allow the country to return to Communism" as his principal campaign slogan. His supporters concentrated all their propaganda on this theme: we must move forward and continue the reforms, or return to the past. As a result, the extremely difficult problems facing the country today were, so to speak, put on hold. There was no serious discussion of how the reforms should be continued or which direction they should take.     

Detecting Spatial Movement of Intra-Region Crime Patterns Over Time

Many of the traditional measures of the degree to which crime patterns change over space and time have limitations. In particular most are unable to determine any change in spatial crime pattern within an areal unit. Usually studies measure the change in crime levels in contiguous areas (expressed as discrete sub-divisions of a study area), but this can become problematic due to difficulties such as the Modifiable Areal Unit Problem (MAUP). This paper describes a technique developed to allow researchers to examine intra-study region changes in crime patterns between two time periods without the need to aggregate crime counts to within-city areal boundaries. The method presented uses a random point nearest neighbor test combined with a Monte Carlo simulation. The process resolves problems of patterning and the MAUP that are common with a number of spatial displacement and pattern movement studies. This technique is demonstrated with example data from a city-wide police burglary crackdown in the Australian capital.     

A Statistical Analysis of Palestinian Terrorism and Israeli Counter-Terrorism Over Time

The idea of a world criminology specialty emerged in response to the increasing magnitude of global social disorder—wars, revolutions, terrorist activities, riots, crimes, delinquency, deviancy. These problems, together with our increasing problems of ecology, overpopulation, starvation, energy, tyranny and injustice, disease, and arms build-up, threaten to produce social disorder the magnitude of which the world has not yet seen. Many scientists have predicted that the next two decades will find the human species submerged under a barrage of severe catastrophes as these unchecked forces repeatedly reach crises proportions.

It is here suggested that criminologists and criminal justice practitioners begin scholarly and applied efforts toward development of a world criminology. This world criminology would take a global approach to the problems of social disorder and attempt to identify universal causative elements as well as universal principles and strategies relevant to the achievement of world order and the advancement of a world civilization. This paper presents and discusses seven assumptions which are held to be vital to the advancement of this new discipline. Further, a series of objectives and questions are posed, which are suggested as a means of encouraging initial exploratory work in world criminology.     

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.     

The Effects of Uncontested Elections on Legislator Performance

Political competition lies at the core of representative democracy. Yet, uncompetitive elections and uncontested races are widespread in the United States, particularly at the state level. In this article, we analyze the consequences of uncontested elections on lawmaking activity. Our primary hypothesis is that legislators who run unopposed are less active lawmakers than those who were selected through competitive elections. Studying roll‐call vote participation and bill introduction and enactment for most of the U.S. states for 1999–2000, we find that state legislators elected in unopposed elections perform more poorly compared to their colleagues elected in competitive contests.     

疫情防控:经济法的解析与应对

疫情防控是对国家治理体系和治理能力的重大考验,需要政策与法律的协调并用;疫情防控作为复杂的系统工程,离不开多种法律制度的综合调整,其中经济法的作用尤为重要。运用经济法的“两个失灵”理论、风险理论、信息理论和价值理论,有助于解析疫情的成因及其预防,明晰疫情防控的必要性、重要路径和价值引领,从而可以有针对性地进行制度应对;疫情防控需要宏观调控法和市场规制法的大量运用,应将重要的发展理念和法治理念贯穿其中,从而形成“依法治疫”的制度体系。基于“以人为本”的“依法治疫”,有助于防止疫情的暴发和扩散,减少公共卫生危机的发生及其给社会、经济造成的巨大损害,从而能够在保障公众生命健康的前提下,促进经济与社会的良性运行和协调发展。     

论经济法的时空性

经济法作为以社会公共利益为价值追求的国家干预经济的基本法律形式 ,在现实中表现为兼具独特的民族性和共同的时代性的存在形态。为了深入地确证和认知这样一个有着历史的地理的特性的法律事象 ,我们可以借助于时空性的哲学之维来揭示其本己性品格。在本文中 ,作者以对时空性这一物质运动的基本形式的阐释为逻辑起点 ,界定了经济法时空性的基本内涵 ,论述了经济法时空性的现实表现即经济法发展的国际差别和趋同走势 ,并阐发了时空观在经济法发展中的运用。通过这样的考察 ,本文展现了一种解读经济法的存在、经济法的认知和经济法的发展的研究路径。     

The Single‐Party Dictator's Dilemma: Information in Elections without Opposition

The literature on authoritarian institutions points to nationwide elections as a mechanism for learning about the preferences of citizens. In using elections in this way, however, authoritarians face a trade‐off between gathering reliable information and guaranteeing electoral victory. In this article, we explore how single‐party regimes manage this trade‐off and the particular types of information available to them. Using candidate‐level data from Vietnam, we demonstrate that single‐party regimes, in particular, forsake information on overall regime support and strength of opposition in favor of information on the popularity of local notables and the compliance of local officials with central mandates. In addition, we show that ex ante electioneering is less risky than ex post fraud at achieving these goals.     

Rethinking the Boundaries of Intimacy at the End of the Century: The Role of Victim-Defendant Relationship in Criminal Justice Decisionmaking Over Time

I investigate whether the degree of intimacy between victims and defendants affects legal responses to violence and how this association has changed over time. Using data on homicides between 1974 and 1996, I examine court outcomes in more than 1,000 cases. I demonstrate that intimacy matters at three criminal justice stages: charging, mode of conviction, and sentencing. However, moving beyond the traditional conceptualization of intimacy, I show that defendants who kill intimates do not always receive the same treatment, nor are all defendants who kill nonintimates treated similarly. Finally, I show that criminal justice leniency toward intimate violence is less evident in recent years.     

Elections and the Fear of Crime: the Case of France and Italy

Recent elections in France (2002 and 2007) and Italy (2008) were won on a law and order platform. This article asks why, and compares the strategies used by the new governments to implement their election promises. The goals are the same: to increase security and lower fear of crime levels, but there are noticeable differences in the perception of the underlying causes, such as the role played by illegal immigration. The solutions proposed also vary. France relies on increased police efficiency and more coercive legislation, whereas Italy favours almost exclusively emergency legislation including the deployment of 3500 soldiers. Prevention is not a priority in either country.     

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.     

A Political Economy Model of Workers Representation: The Case of Union Elections in Spain

In this article we present a political economy model to analyse the effects of union elections. Union elections are the prerequisite for participating in collective bargaining and they are a unique Spanish institution for union recognition. We apply standard political economy assumptions to model the union elections in order to understand their influence on the dynamics of the unemployment rate. Although union elections give the right to vote to virtually all workers, we show that insider power exists and that it introduces a hysteresis effect on the unemployment rate. In addition, the model shows how the date of the union elections can amplify the business cycle. An empirical analysis confirms the main predictions of the model.JEL Classification: K31, J51, E24