States and the politics of incrementalism: health policy in Wisconsin during the 1990s

Wisconsin officials during the 1990s seemed poised to enact innovative and comprehensive health care reform. During that era, an ambitious, popular, and reform-minded governor led the state. The state had an unusually professional legislature. The state's economy was strong. Even with these advantages, however, the report card on the state's efforts is mixed. The state enacted a fairly modest set of reforms that were financed largely by the federal government and subject to extensive federal oversight. The Wisconsin story thus seems to be about the politics of incrementalism. But while critics of incrementalist politics point out that the number of uninsured continues to grow, the catalytic federalism witnessed in Wisconsin in the 1990s may well be the best model for implementing health care reform.     

Mental health policy for the 1990s: tinkering in the interstices

That public policy has abysmally failed the chronically mentally ill seems beyond genuine dispute. Successive reforms have foundered on the familiar shoals of overblown expectations and insufficient resources. In this paper, we review current policies affecting the chronic and disabled mentally ill, and we consider some approaches to reform. We begin by trying to identify and characterize the chronically mentally ill and their disabilities. Next, we consider the chaotic patchwork of federal and state programs that has come to replace the asylum. We then criticize several competing models of reform that we believe fail to make an empathic connection with the mentally ill. Finally, we urge a strategy of limited reform consistent with available empirical data about program effectiveness and sensitive to the likely economic, political, and legal constraints of the 1990s.     

From foreign trade to international investment: a new step in China’s integration with the world economy

China’s economic strategy is facing new challenges arising from the changes in the world economy as well as in its domestic conditions. Given the sluggish global economy and the rise of protectionist policies, China cannot expect external demand to contribute to its economic growth as much as in the past. On the domestic side, the working age population has ceased to increase and will soon diminish; rising domestic costs will force Chinese exporters to shift from price competitiveness to quality upgrading and to build new comparative advantages. An important dimension of China’s new strategy will be the expansion of its direct investment abroad. China which has already become the leading world exporter and has been up to now a major recipient of foreign direct investment is likely to turn out to be a major international investor. China has accumulated large foreign assets which mainly consist of foreign government debt securities and is now aiming at diversifying its external assets through promoting Chinese firms’ investment abroad.     

论新庭审方式下法官的认证活动——兼谈完善我国刑事证据制度的几点思考

从新刑诉法所确立的控辩式庭审方式的特点谈起,剖析我国刑事证据制度的变化及存在的问题。并结合司法实践对证据制度运行层面问题进行剖析。明确要围绕控辩式庭审这个核心，来构造我国刑事证据制度．并提出方案以司法实践中的问题为切入点，来明确法官职责、证明标准、证明责任、认证的实质．解决影响认定案件事实的关键证人证言和被告人供述的真实性、准确性问题．规定相关的证据开示制度和法官认定事实的活动和规则。     

National trends in female arrests, 1960–1990: Assessment and recommendations for research

Trends in female criminality from 1960 to 1990 are examined. The main focus is UCR arrest statistics but other sources of evidence are also used. Major findings include the following: (1) relative to males, the profile of the female offender has not changed; and (2) the principal change in the female percentage of arrests involves the overall rise in property crime, especially minor thefts and frauds. The effects of broad-based legal and societal trends on female criminality are discussed and an agenda for research on the issue of female crime trends is proposed.     

A Brief History of Doing Time: The California Institution for Women in the 1960s and the 1990s

Recent scholarship on penality describes profound changes in the ideology, discourses, and policies shaping criminal punishment in the late-twentieth-century United States. To assess the implications of these changes for those subject to criminal punishment, we examine the experiences of women in prison at two key points in the recent history of penality. We compare how imprisonment was practiced and responded to at the California Institution for Women in the early 1960s, when the rehabilitative model dominated official penal discourse, and in the mid-1990s, near the height of the "get tough" era. We find that the ways in which women related and responded to other prisoners, to staff, and to the prison regime, while in some ways specific to one or the other penal era, did not fundamentally change. Thus, penal regimes ostensibly informed by profoundly different rationalities nevertheless structured the daily lives of prisoners through a very similar set of deprivations, restrictions, and assumptions.     

Political Environment and Policy Change: The National Endowment for the Arts in the 1990s

The relationship between changes in the stability of the political environment and policy changes are examined through the case of the National Endowment for the Arts in the 1990s. The terminologies of Hall's first-, second-, and third-order policy change and Baumgartner and Jones’ punctuation equilibrium theory of policy change are employed to analyze the relationship evident in the policy history of the Arts Endowment. The case of the Arts Endowment in the 1990s suggests that first-order changes generally occur in a stable political environment (i.e., policy equilibrium) while great instability in a political environment (i.e., policy punctuation) allows the larger second- and the largest third-orders of policy change.     

Representation in Westminster in the 1990s: The ghost of Edmund burke

Why are ‘trustee’ notions of representation still invoked in the UK House of Commons in the 1990s? In answering this question this article analyses the premises of Burkean theory and the arguments that these premises are of little relevance in the late twentieth century. Despite these dismissals of trusteeship, Burkean ideas are still articulated in the Commons some 200 years after they were first voiced. The idea of trusteeship can prove extremely useful to justify the actions of representatives when those actions conflict with constituency ‘opinion’, party policy or the wishes of interest groups. Examples of the occasions when Burkean notions have been invoked in the 1990s are provided.     

Copyright and the creative use of visual artworks in the 1990s

This article analyzes the legal conflicts during the 1990s over the extent of copyright limitations on the use of a visual artwork within another creative work in three types of media: postmodern art, publications and movies and television. The authors conclude that if a visual work is incorporated into a film or television program such that the presence of the visual work is scarcely perceptible, such a use might be considered so insignificant that copyright law will not forbid the use. Perceptibility depends on how closely, how long and how clearly the artwork is shown. The authors also express concern over the application of copyright law to postmodern art, arguing that freedom of expression would be better served if courts and Congress recognized the broad category of satire as a type of fair use.     

Regional integration and free-trade agreements in the Balkans: opportunities, obstacles and policy issues

The Balkan states are engaged in a complex and contradictory process of simultaneous regional integration and disintegration. The main instrument of regional integration has been a network of bilateral Free Trade Agreements which the Balkan countries have adopted under the guidance of the Stability Pact for South East Europe, and more recently the extension of the CEFTA free trade area to the region. The bilateral FTAs have been criticised for creating a ‘spaghetti bowl’ of differentiated trade relations, and creating risks of trade deflection and trade diversion. At the same time other arrangements, including the contractual relations of individual countries with the EU, cut across the region and fragment their mutual trade relations. Moreover, Croatia is likely to become an EU member within the next few years, at which point it will suspend its trade agreements with the non-member Balkan states. Therefore, soon after having established a new mechanism of integration, the region will once again be split apart, leaving a rump association of five or six poverty-stricken and politically unstable countries to pursue the vision of regional cooperation. This paper focuses on the prospects for regional integration among these remaining countries: Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia. It explores the patterns of their mutual trade, and the opportunities and obstacles to increasing trade between them.     

The influence of the Regional Coordinating Unit of the Abidjan Convention: implementing multilateral environmental agreements to prevent shipping pollution in West and Central Africa

The Regional Coordinating Unit of the Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment for West and Central Africa (the Abidjan Convention) has under its wings several multilateral environmental agreements including those addressing shipping pollution. Shipping, potentially, has negative impacts on marine fauna and flora and air quality, with implications for public health. The Regional Coordinating Unit seeks to strengthen implementation of the Abidjan Convention by party-states through co-operation with state actors using various pathways based on its internal resources and competencies but the Unit is also starting to explore engagement with potential non-state actors. The ability of the Unit to exert influence on implementation is constrained by domestic politico-administrative institutions. This paper seeks to understand the influence of the Regional Coordinating Unit on the implementation of the Abidjan Convention in the field of shipping pollution. It uses three theoretical perspectives for the analysis: the influence of international environmental bureaucracies, domestic regulatory-politics and transnational governance. The paper shows how these theories are complementary because the influence of international bureaucracies such as the Regional Coordinating Unit cannot be adequately understood through factors internal to their organisation alone but needs to be analysed in relation also to external factors, both domestic politico-institutional ones in states that international bureaucracies work with, and the role of relevant non-state actors in the implementation of multilateral environmental agreements. It is concluded that, although influence cannot be measured directly, it is likely that Regional Coordinating Unit’s influence through its autonomy-centred efforts are quiet strong but negatively constrained by the traditional state-centric responsibility for implementation of international legal instruments where domestic regulatory-politics lack sufficient political will and support from and engagement with non-state actors.     

The growth of psychopharmacology in the 1990s: evidence-based practice or irrational exuberance

The rapid growth in sales of psychotropic medications during the late 1980s and 1990s, eventually reaching $20 billion/year, reflected the increased use of seritonin reuptake inhibitors for depression and atypical antipsychotics for schizophrenia. Recently, however, some of the therapeutic claims for these medications have been challenged, and under-appreciated risks have turned out to be significant liabilities. Drug manufacturers increasingly dominate clinical trials research and evidence suggests that study designs and data presentations have been slanted to show products in a favorable light while unfavorable data were suppressed. At the same time, during the 1990s, potentially independent voices did not effectively or consistently present countervailing views. The extensive financial ties between the pharmaceutical industry and academic researchers, professional associations, and consumer groups may also have discouraged expression of critical views. Additionally, the narrow legal mandate of the FDA to evaluate the safety and efficacy of new drugs only in comparison to placebo (rather than in comparison to other treatments) probably limited its contribution. In the absence of reliable, impartial research on the risk and benefits of psychotropic medications, both before and after they are brought to market, pharmacy benefits management cannot achieve its goal of maximizing health care benefits per dollar spent. Further institutional support is needed for independent research, either conducted or funded by the federal government.     

Bicameralism in the Americas: around the extremes of symmetry and incongruence

Bicameral legislatures have recently attracted considerable attention in comparative literature. However, this increased interest has been uneven and insufficient to close the many gaps existing in this area of research. Latin America, a continent with a long tradition of bicameralism, has been all but ignored. This study develops a system of scores with which to measure the strength of the bicameral systems of the Americas. Twelve cases are examined: the nine current bicameral legislatures, two unicameral cases that became in the 1990s and, finally, the United States, which provides a pattern of comparison and is the model on which Latin American constitutions have been based.