Domestic Attitudes Towards International Jurisdiction over Human Rights Violations

Building on research regarding the influence of national identity salience on attitudes towards international institutions and the impact of nationalism on foreign policy preferences, in a case study of America, I explore the role of chauvinistic nationalism to understand its impact on attitudes towards international jurisdiction of punishment for alleged human rights violations by members of the American military. Using binomial regression of survey responses from the 2014 Cooperative Congressional Election Study, I find that respondents with higher levels of chauvinistic nationalist sentiment also have higher levels of opposition to the jurisdiction of international legal institutions to prosecute members of a nation’s military. This study is the first of its kind to offer a systematic and multivariate explanation for public opinion towards the jurisdiction of international human rights institutions over a nation’s armed forces using national survey data.     

Popular Environmental Education: Lessons from the Labor and Civil Rights Movements

This paper provides a historical account of the main public education tactics used in the early American labor and civil rights movements, and draws a number of lessons for the contemporary environmental movement. Broad - based public education is defined in terms of raising public awareness, changing worldviews and engaging citizen participation. Revisiting earlier, vibrant, progressive social movements for lessons for the present is justified by the continual drawing of ideas, tactical experience, activists and non - governmental organizations across social movements in practice. The paper finds that both the early labor and civil rights movements relied on a rather similar mix of societal learning tools, including informal schools, independent media and/or communication networks, mass meetings, and protest songs. The environmental movement needs to develop these public education tools much more fully if it hopes to revert the global environmental crisis.     

Railway Dreaming: Lessons for Economic Regulators from Aboriginal Resource Management Lore

Railway reform in the past decade has seen the introduction of mandated third party access to track in a number of jurisdictions. This article argues that third party access changes the property rights associated with railway track, rendering it a common pool resource. As such, it is useful to ask whether the literature on the governance of common pool resources could inform the economic regulation of railways. This article suggests that it might, and draws some lessons from the common pool resource governance mechanisms traditionally used by Australia's Aborigines in managing their land that may have application within the context of the railways.     

Lessons from Resource Dependence Theory for Contemporary Public and Nonprofit Management

The fiscal landscape continues to challenge public and nonprofit managers. Against this backdrop, public and nonprofit managers look for new strategies to address the challenges associated with limited resources. Resource dependence theory provides valuable guidance for managers who want to understand the considerations and consequences relevant to different types of interorganizational partnering. In this article, the theory's core ideas are described, along with three common strategies or tactics that organizations use to obtain critical resources from the environment: merging, forming alliances, and co‐opting. For each strategy, the authors derive a set of practical lessons for busy public and nonprofit managers.     

Human Rights in US Courts: Alien Tort Claims Act Litigation after Sosa v. Alvarez-Machain

In Filartiga v. Pena-Irala (1980), the Second Circuit Court of Appeals ruled that victims of human rights violations could sue their oppressors civilly in US courts under an eighteenth century law now called the Alien Tort Claims Act (ATCA). Controversy raged over the Filartiga decision and the proper interpretation of the ATCA for 24 years. Then in Sosa v. Alvarez-Machain (2004), the Supreme Court issued its first ATCA decision. This essay analyzes the effect of the Sosa decision on the development of human rights law in US courts. I find that while the federal judiciary is responding to some of the Supreme Court’s directives, lower courts still retain a great deal of discretion in handling ATCA cases.

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Towards a New Politics: Citizenship and Rights in Contemporary Argentina

The emergence of a human rights movement represented a cultural turning point in many Latin American societies. The movement's struggle acted as a catalyst for political learning, triggering a profound renovation of the region's democratic traditions. The most impressive development has been the emergence of a rights-oriented discourse that reunites two elements that populist forms of self-understanding had kept separate: democracy and the rule of law. Cultural innovation gave birth to a new form of politicization that greatly differs from the movementist and corporatist practices of past populist movements, for the former is guided by a liberal concern: establishing clear institutional boundaries between state and civil society. Through the analysis of a series of citizens' initiatives and movements, the paper analyzes this new form of politicization and its contribution to the authorization and effectivization of rights as institutions.     

Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights

The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR??s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court??s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR??s judgments. Using case studies from the UK and Russia, this article identifies two factors that are critical for the domestic implementation of the Court??s rulings: strong domestic, democratic institutions dedicated to implementing the ECtHR??s judgments and an overarching sense of responsibility to set a good example at home and abroad for respecting human rights and the rule of law. This article concludes with a discussion of the steps necessary to facilitate better implementation of the ECtHR??s rulings.     

State High Courts, State Constitutions, and Individual Rights Litigation Since 1980: A Judicial Survey

In 1985, state courts of last resort issued more decisions thanin any year since 1950 in which they extended rights protectionsto individuals beyond those recognized by the U.S. Supreme Courtby basing rights protections solely or independently upon stateconstitutional grounds. A survey of state high court judgesand justices reported here indicates that there has been a nationwideincrease in the number of individual rights cases litigatedunder state constitutions since 1980. Significant-to-moderateincreases, however, were more likely to be reported by justicesfrom the Northeast and West, from states having a moralisticpolitical culture, and from courts whose members are appointedby the governor and/or legislature. State constitutional rightsclaims are more likely to be raised in criminal than noncriminalcases, though in both types of cases and in most states, stateconstitutional rights claims are raised less frequently thanfederal constitutional rights claims. Majorities of judges andjustices favor the ideas of teaching state constitutional lawin law schools and of testing for knowledge of state constitutionallaw on bar examinations.     

Human Rights Discourse in Domestic Settings: How Does it Emerge?

Building on the literature that analyzes the impact of norms and ideas on international and domestic politics, it is our assumption that the widespread introduction and dissemination of a human rights discourse enables oppressed groups to translate events into rights language and to appeal to courts, politicians and media in order to seek remedies for their grievances. In so far as human rights discourse actually helps introduce more ethical policies and legislation, it is crucial to understand how this discourse, which in the past 55 years evolved and proliferated on the global level, emerges and develops in domestic settings. Using Israel as a case study, and more specifically analyzing the Israeli press, we further develop some of the existing theoretical claims about how the global and local interact. We argue that in order to understand how the rights discourse is imported into the domestic arena and how it expands once it enters the local scene, it is crucial to employ a broader conception of the global and a more differentiated view of the local. We emphasize the significance of local events and practices in determining the impact of the global on national settings, suggesting that one cannot understand transnational flows without unveiling the black box of the domestic arena.     

National Human Rights Institutions: Domestic implementation of international human rights law

Does adopting a National Human Rights Institution (NHRI) make states’ international commitments to not torture more constraining? Many researchers have explored international human rights treaties’ abilities to constrain leaders from violating human rights, some focusing exclusively on the United Nations Convention Against Torture (CAT). Thus far, findings are not promising unless certain domestic conditions apply such as sufficient democratic space to air grievances or independent judiciaries. This article continues to explore domestic conditions by focusing on another liberal institution—National Human Rights Institutions (NHRIs). Torture is usually a secretive practice, and NHRIs act as information providers to potential mobilizers and domestic legal systems assuring international legal commitments are not empty promises. Using statistical analysis on 153 countries over the years 1981–2007, I find that when a country has ratified the CAT, the presence of an NHRI substantively decreases the chances the state will be an egregious offender.     

School Spending Profiles: A Framework to Enlighten Resource Allocation Decisions*

Despite improved fiscal accounting systems, many district leaders continue to struggle with how to report and use fiscal data for the purpose of strategic resource decisions. This paper proposes the creation and use of school spending profiles as a way to communicate more complete and comparable school spending information. The proposed school spending profile provides not only a complete picture of school expenditures reflecting real costs, but it also indicates spending relative to each school's mix of student needs. Data from Denver Public Schools (DPS) illustrate how profiles can provide dashboard indicators useful for district leadership. Key assumptions and implications are considered.     

全球价值链重构视角下吸引外商直接投资的国际经验与国内对策

在后金融危机时代,生产成本的提高和欧美的再工业化使得低端制造业转移到成本更低的东南亚地区,高端制造业则回流到发达国家本土,形成不利于中国吸引外资的全球价值链重构。但同时,人力资本的积累和消费市场的转移也促进了高端服务业和智能定制的发展,又形成有利于中国吸引外资的全球价值链重构。在中美贸易摩擦不断升级的背景下,中国在吸引外商直接投资方面存在的结构不合理、政策歧视等问题也导致我国的产业结构与地区结构不合理、外商投资企业垄断与民营企业发展受限并存以及生态环境和劳动力过度消耗等后果。根据"金砖国家"中的俄罗斯、印度和巴西吸引外资的经验和教训,我国要跻身全球价值链的高端环节,必须在吸引外商直接投资的过程中实施无歧视的税收政策、有效率的产业政策、统筹性的区域政策和高标准的规制政策。     

Competing Concerns: Balancing Human Rights and National Security in US Economic Aid Allocation

This paper theorizes that the effect of human rights violations on US economic aid is conditioned by the salience of US national security concerns. National security concerns will be more salient in situations where recipients contribute to maintaining US security and in temporal eras when the USA is perceived as being under increased external threat. As the relational and temporal salience of national security increases, any negative effect of human rights violations on US economic aid should decrease. I test this hypothesis by examining US economic aid allocations to states from 1977 to 2005. The results show that the salience of national security concerns present in the US-recipient relationship does condition the relationship between human rights violations and US economic aid. There are also significant differences between different temporal eras of US foreign aid allocation. Future work should address how conflicts between interests and values in US foreign policy are negotiated.     

Citizens and Resource Allocation: Improving Decision Making with Interactive Web-Based Citizen Participation

Collective consumption and benefit characterize many government services. Moreover, government services are mostly paid for collectively through taxes—there is little or no relationship between the taxes paid by a household and its use of a particular service. Public sector decision makers face complex budget problems with difficult solutions. Involving citizens meaningfully in these decisions has long been a conundrum. The authors teamed up with the town of West Hartford, Connecticut, to develop a Web-based survey to overcome some of these participation problems and help decision makers better understand citizen preferences. The Web survey allowed for real-time interactivity and was tailored to present respondents with trade-offs between service levels and taxes.