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.     

Third Parties,Elections, and Roll‐Call Votes: The Populist Party and the Late Nineteenth‐Century U.S. Congress

What effect do electorally successful third parties have on congressional roll‐call votes? There is widespread belief among scholars that third parties influence the policies of the major parties, but there is little systematic evidence of this influence. I exploit the unique historical context surrounding the Populist Party formation in 1892 to examine the effect of the Populist Party's electoral success on congressional roll‐call votes related to Populist issues. The results are consistent with two claims. First, co‐optation of the Populist Party's issues occurred even before the formation of the party. Second, the co‐optation of Populist policies does not appear to be correlated with the electoral success of the Populist candidates.     

Strategic Voting in Multi‐Office Elections

What are the incentives for voters to vote strategically when legislative policy outcomes are constrained by a system of checks and balances? The policy‐balancing theory supposes that moderate voters split their tickets because such splitting is the only way these voters can achieve moderate policy outcomes. I show that a different type of strategic voting, policy stacking, is characteristic of legislatures that endow the majority party with only limited institutional powers. Focusing on voting for the president and House of Representatives in the United States reveals that a substantial proportion of voters engage in policy‐stacking behavior, but very few engage in policy‐balancing behavior.     

第三人撤销之诉的原告适格

考察我国案外人申请再审的实践可以发现,我国法院并不接受判决效力相对性原则,不能以此为据反对引入第三人撤销之诉,更不能以此作为分析第三人撤销之诉原告适格的出发点。尽管立法者希望通过第三人撤销之诉规制虚假诉讼、恶意诉讼,但从制度自身的机理出发,将该制度的目的界定为"为受生效裁判不利影响的第三人提供实体救济"更妥当。以此为基点,在对待第三人撤销之诉的原告适格问题上,应以2012年民事诉讼法第56条第3款规定的必备要件为重点,对于第1、2款规定的前提性要件,则采相对宽容的审查标准。对于有独立请求权的第三人,可将原告适格的标准界定为"对当事人争议的诉讼标的主张实体权利的人";对于无独立请求权的第三人,则采相对宽松的一般标准,不适用最高人民法院针对通知参加诉讼第三人的限制性规定。考虑到理论的周延性,必要共同诉讼人不宜作为第三人撤销之诉的适格原告。至于受生效裁判不利影响的一般债权人,较稳健的做法是诉诸实体法,通过援引民法通则第58条、合同法第52条或者合同法第74条,赋予相关债权人第三人撤销之诉的原告适格。     

第三人撤销之诉原告适格的再考察

利用2012年民诉法实施以来司法实践中积累的相关裁判文书,区分起诉审查和实体审理两个程序阶段,可以对分别以裁定和判决就原告适格作出判断的若干第三人撤销之诉案例从法解释论的角度进行分析。经考察有独立请求权第三人和无独立请求权第三人这两类提起撤销之诉的第三人的多种情形,可看到此类案件实际上很可能间接地起到遏制虚假诉讼或不诚信诉讼行为的作用,且具有规范第三人参加诉讼制度的程序运用或增进为第三人提供的程序保障等其他方面的潜力。不过,在原告适格等诉讼要件的审查和一些相关的程序设计上,司法实务对第三人撤销之诉的运用仍有待于进一步的改进、完善,并需要继续获得理论上的支撑。     

The Impact of District Magnitude on Voter Drop‐Off and Roll‐Off in American Elections

This study demonstrates that multimember districts (MMDs) complicate ballots, reduce voter information, and increase incentives for strategic voting in ways that reduce voter participation. Using data from three states that elect members of at least one legislative chamber from both single‐member districts (SMDs) and MMDs, we test hypotheses about the impact on MMDs on ballot drop‐off (selecting fewer candidates for an office than permissible) and roll‐off (not voting in down‐ballot races). We find support for both sets of hypotheses, with the strongest results related to ballot drop‐off. The results have broad implications for voter participation, representation, and election administration in the many states and localities that use MMDs to elect public officials.     

Single‐Image Rectification Technique in Forensic Science

Many researchers have been working in Spain to document the communal graves of those assassinated during the Spanish Civil War. This article shows the results obtained with two low‐cost photogrammetric techniques for the basic documentation of forensic studies. These low‐cost techniques are based on single‐image rectification and the correction of the original photo displacement due to the projection and perspective distortions introduced by the lens of the camera. The capability of image rectification is tested in an excavation in the village of Loma de Montija (Burgos, Spain). The results of both techniques are compared with the more accurate data obtained from a laser scanner system RIEGL LMS‐Z390i to evaluate the error in the lengths. The first technique uses a camera situated on a triangle‐shaped pole at a height of 5 m and the second positions the camera over the grave using a linearly actuated device. The first technique shows measurement errors less than 6%, whereas the second shows greater errors (between 8% and 14%) owing to the positioning of the carbon‐fiber cross on an uneven surface.     

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.     

我国第三人撤销之诉的实践运行研究

规制虚假诉讼被普遍认为是第三人撤销之诉的制度目的,然而我国《民事诉讼法》相关条文对此并无反映,实践中虚假诉讼也没有成为法院裁判此类案件的主要考量。我国第三人撤销之诉六项法定构成要件中,三项程序要件的理解与适用较为简单,原告的起诉不能满足其要求的,法院多数会在实体审理前予以驳回。原告主体适格问题较为复杂,一方面呈现程序要件的特征,另一方面又有显著的实体要件特征。此外,通过裁判文书可以看出,原裁判错误这一要件的运行有复杂化倾向。为适度简化第三人撤销之诉的司法实践,法院应以原告的权利依据为中心,综合审理、判断原告主体适格、权益受损和原裁判错误这三项实体要件。同时,为规范该类诉讼的程序运行,增强审理的条理性,减少裁判的随意性,法院应重视构成要件与程序阶段、裁判结果之间的对应关系,并合理安排各个要件的审理(查)顺序。     

Party Unity,Ideology, and Polarization in Primary Elections for the House of Representatives: 1956–2012

Increasing party polarization in Congress is a vexing phenomenon for political scientists, as it offers a theoretical conundrum. Members of Congress have become increasingly ideologically divided by party in recent years, which seems counterintuitive as the public electorally punishes representatives for excessive partisanship and ideological behavior. One explanation for this result is that members receive benefits for such behavior during primaries. This article examines the effect of ideological and partisan behavior on primary challenges and primary vote totals for incumbent House members. The results show that incumbents receive benefits in the primary from greater levels of partisanship but not greater levels of ideological extremity. This finding is substantively important as it provides further insight into the motivation of congressional incumbents and offers a partial explanation for the rise in congressional polarization.     

Measuring Partisan Bias in Single‐Member District Electoral Systems

In recent decades, the literature has coalesced around either symmetry or responsiveness as measures of partisan bias in single‐member district systems. I argue neither accurately captures the traditional idea of an “efficient” gerrymander, where one party claims more seats without more votes. I suggest a better measure of efficiency and then use this new measure to reconsider a classic study of partisan gerrymandering. Contrary to the original study findings, I show that the effects of party control on bias are small and decay rapidly, suggesting that redistricting is at best a blunt tool for promoting partisan interests.     

The Unequal Distribution of Speaking Time in Parliamentary‐Party Groups

Parliamentary debates provide an arena where Members of Parliament (MPs) present, challenge, or defend public policies. However, the “plenary bottleneck” allows the party leadership to decide who participates in a debate. We argue that in this decision the timing of a debate matters: in proximity of elections, the leadership should be concerned with maintaining its brand name and therefore restrict floor access, in particular if the debate is salient for the respective party. We evaluate our hypotheses in a cross‐country study drawing on a novel data set covering all speeches given during one or two legislative terms in six European parliaments. We find that the electoral cycle matters for the distribution of speaking time: Party leaders do restrict parliamentary speechmaking to a smaller number of MPs at the end of the term. This has important implications for our understanding of parliaments as an electoral arena and for our understanding of intraparty politics.     

The Cost of Majority‐Party Bias: Amending Activity under Structured Rules

All major legislation in the House necessitates a special rule from the Rules Committee before it can be brought to the chamber floor. These rules often strictly limit floor amendments to bills considered by the House. Scholars of political parties have argued that the House majority party can bias policy output away from the floor median through its usage of restrictive rules. In this article, we argue that in order to secure the passage of restrictive rules, the majority often makes concessions to centrist legislators through the amending process. We examine this theory using a newly collected data set that includes all amendments considered by the Rules Committee during the construction of structured rules in the 109th, 110th, and 111th Congresses (2005–2010). Our results are mixed, but they do suggest that moderate members of the majority party often receive concessions via amendments for their support of the majority party's agenda‐setting regime.     

党政联合发文的信息公开困境与规则重塑：基于司法裁判的分析

由于具有横跨两个系统的多个制作主体,党政联合发文具有双重属性,并在实践中具有多种表现形态。在政府信息公开的制度实践中,该双重属性给党政联合发文的信息公开带来不小的困境,法院常因此类信息的制作主体包括党组织,因而具有党务信息属性而否定其作为"政府信息"的法律地位。该思路实际上是将双重属性简化为单一属性,最终促成了当前司法裁判中占据主导的形式化审查逻辑与规则,塑造了法院的退避立场。在依法推动党政联合发文信息公开过程中,法院应摒弃仅以主体要素作为识别标准的形式化审查,采用党务和政务标准来细化对职责要素的判断,再用内部性和外部性标准识别豁免规则,重塑此类信息的公开规则体系。     

Candidate Selection in British Second Order Elections: A Comparison of Electoral System and Party Strategy Effects

Whilst most UK political parties have now accepted the need to increase the number of women representatives, the stark reality is that women remain under-represented. The under-representation of women in UK politics is not just evident in the national legislature but is a pattern repeated, to varying degrees, in second order elections at local, devolved and European levels. Recent developments in political recruitment processes allow us to explore the extent to which political parties take advantage of different electoral systems to promote women candidates in second order elections. Providing analysis of (s)election data from across second order elections, this article explores the interaction between systemic and institutional strategies, questioning which combination of electoral system and party strategy is most beneficial for increasing levels of women's representation.     

The Dynasty Advantage: Family Ties in Congressional Elections

Political dynasties, families in which multiple members have held elected office, commonly feature in the U.S. Congress. I explored the electoral origins of this phenomenon and determined that members of political dynasties have a significant advantage over first‐generation politicians in open‐seat House elections. Using an original dataset containing candidate‐ and district‐level covariates for all candidates in open‐seat House contests between 1994 and 2006, I found that dynastic politicians enjoy “brand name advantages,” giving them a significant edge over comparable nondynastic opponents. In contrast, hypotheses concerning potential advantages stemming from past political experience and fundraising ability yield null results.     

Effectiveness of Single‐Nucleotide Polymorphisms to Investigate Cattle Rustling

Short tandem repeats (STR)s have been the eligible markers for forensic animal genetics, despite single‐nucleotide polymorphisms (SNP)s became acceptable. The technology, the type, and amount of markers could limit the investigation in degraded forensic samples. The performance of a 32‐SNP panel genotyped through OpenArrays^TM (real‐time PCR based) was evaluated to resolve cattle‐specific forensic cases. DNA from different biological sources was used, including samples from an alleged instance of cattle rustling. SNPs and STRs performance and repeatability were compared. SNP call rate was variable among sample type (average = 80.18%), while forensic samples showed the lowest value (70.94%). The repeatability obtained (98.7%) supports the used technology. SNPs had better call rates than STRs in 12 of 20 casework samples, while forensic index values were similar for both panels. In conclusion, the 32‐SNPs used are as informative as the standard bovine STR battery and hence are suitable to resolve cattle rustling investigations.     

The Impact of Party and Ideology on Roll‐Call Voting in State Legislatures

To assess the relative impact of party and ideology on legislative behavior, I utilize survey‐based measures of legislator ideology to examine voting in five state legislatures. The results suggest that, although party and ideology both influence voting, the impact of party is greater. The magnitude of this impact varies, however, from chamber to chamber. The activity of parties in the electoral arena explains part of this variance, with more active parties having more influence. Thus, research on legislative behavior should focus on the context surrounding the decision‐making process in order for us to understand the influences on voting.     

Orchestrating Party Talk: A Party‐Based View of One‐Minute Speeches in the House of Representatives

Previous studies of House members' speech‐giving behavior treat the behavior as a product of members' individual goals. By uncovering leadership memoranda soliciting member participation in one‐minute speech giving, I find, first, that parties significantly structure one‐minute speech giving, with party‐orchestrated message campaigns accounting for about one‐third of the speeches given. Second, I find that a party‐based explanation illuminates individual members' speech‐giving behavior. Ideological proximity to the party leadership and party organizational factors strongly influence a member's willingness to be “on message.” These findings have important implications for studies of both party message politics and members' speech‐giving behavior.