Neuroscience and the Detection of Deception

The detection of deception is among the most important and pressing requirements faced by federal agencies with national security responsibilities. The polygraph is insufficient in its present state of development for meeting the needs of national security. While some neuroscience‐based alternatives to the polygraph have been proposed (e.g., EEG and fMRI), there are significant problems with these techniques and consideration of their operational use is premature. The development of a more effective means for detecting deception will require substantial conceptual advances in the science of deception, in particular the establishment of a sound theoretical basis on which to design such a system. Neuroscience and related fields can make significant contributions toward the development of a theory of deception, given sufficient government support and commitment to such an effort. However, even a sound theory of deception cannot guarantee success; it is vital that the associated policy, legal, and ethical implications of such a system be taken into account.     

EARTHQUAKE PREDICTION AND THE GOVERNMENTAL PROCESS

As technology increases to predict earthquakes, government must be prepared to expand upon it, legitimate the prediction, and design a program towards effective utilization. The parties involved in this process, in addition to all levels of government, include the scientific community and the media. Unfortunately, the prediction-warning effort in the United States lags behinathat of other countries, most notably Japan. Lacking is a national policy commitment spurred by the party most vulnerable to a catastrophic earthquake event (e.g., the state of California).     

The Judicial Role in Defining National Security and Access to Information in South Africa

This article argues that judicial and other institutions concerned with legal interpretation are playing an increasing role in regulating and defining the concept of national security for South Africa, particularly in the realm of national security information. Part I surveys the post-apartheid evolution of accountability of South Africa’s national security agencies with particular attention to the treatment of national security information. Starting from a low base, intelligence agencies in South Africa have become more accountable, in part through the greater degree of access to national security information. Part II portrays the placement of access to national security information within South Africa’s legislative framework, taking into account the keys laws underpinning both secrecy and disclosure regulation. Here, with no definition of national security on the secrecy side, it is on the disclosure side of South Africa’s legislative framework that the judiciary and other legal actors are crafting an operative definition of national security. Part III covers three recent developments, arguing that they demonstrate the increasingly important regulatory role played by the judiciary and other legal institutions. These include two key Constitutional Court decisions and an ongoing legislative reform effort.     

House or home? Constituent preferences over legislator effort allocation

In many political systems legislators face a fundamental trade‐off between allocating effort to constituency service and to national policy‐making activities, respectively. How do voters want their elected representatives to solve this trade‐off? This article provides new insights into this question by developing a conjoint analysis approach to estimating voters’ preferences over their legislator's effort allocation. This approach is applied in Britain, where it is found that effort allocation has a significant effect on voter evaluations of legislators, even in a political system where other legislator attributes – in particular, party affiliation – might be expected to predominate. This effect is nonlinear, with voters generally preferring a moderate balance of constituency and national policy work. Preferences over legislator effort allocation are not well‐explained by self‐interest or more broadly by instrumental considerations. They are, however, associated with voters’ local‐cosmopolitan orientation, suggesting that heuristic reasoning based on underlying social dispositions may be more important in determining preferences over representative activities.     

Fiscal Capacity and Tax Effort of the American States: Trends and Issues

The author examines the historic context of state taxing power and fiscal capacity, and the current efforts of the U.S. Advisory Commission on Intergovernmental Relations to measure fiscal capacity and tax effort using a Representative Tax System (RTS). The two most commonly used methods of distributing federal aid to states are population and personal income, both incomplete measures of fiscal capacity. RTS estimates how much revenue each state and its localities would raise if it levied the national average tax rate for commonly used state and local taxes. The author considers the strengths and weakness of RTS as a measure of fiscal capacity and examines state rankings and trends since 1975.     

Evictions: The hidden housing problem

Abstract

Although evictions are a major housing problem that disproportionately affects lower‐income and minority tenants, no systematic data about evictions are collected on a local or national level. This article presents the scattered available data on the magnitude and impact of the problem, along with existing model efforts to reduce its incidence and impact.

Creating a national database on evictions—how many, where, who, why, and what happens to evictees—would be an important first step in focusing attention on this neglected issue. Definitional questions must be resolved as an initial step. In an effort to launch such a project, suggestions are offered on how to begin creating such a database.     

Believing in national exceptionalism: ideas and economic divergence in Southern Europe

Economic adjustment in Spain, Portugal and Greece prior to the EMU nominal convergence programme is examined in an effort to explain divergence from policy orthodoxy. A notion of national exceptionalism is proposed as an ideational framework through which government policy makers perceive their country's position in the European and global sphere. Three levels of national exceptionalism are distinguished, in ascending order of explanatory importance: a level at which national exceptionalism is rooted in cultural predispositions; a level at which it appears to be empirically and logically plausible; and a level at which it offers a politically beneficial ideological strategy. When all three levels concur, national exceptionalism carries notable ancillary explanatory power. That is the case with post-authoritarian Greece through the 1980s, but not with Spain or Portugal.     

The Potential for Local Diversity in Implementation of the National Competition Policy

Australian governments have embarked on a major effort to improve the competitiveness of the economy by adoption of a national competition policy (NCP). The policy extends the scope of trade practices legislation to encompass the public sector and professions, modernises policy in the areas of pricing and access powers, and is intended to revitalise the microeconomic reform agenda. The intended result is an integrated national economy, more uniform and consistent business regulation across the country and improved levels of competitiveness. But, there is an inherent tension between the imperatives for harmonisation, uniformity and reduced regulation on the one hand and tendencies for local diversity and increased regulation on the other. This article explores this tension with illustrations taken from three key aspects of the policy — opportunities for institutional diversity, treatment of the public interest and the prognosis for an integrated national, competitive market. The potential for each jurisdiction in Australia to take diverse and problematic approaches to the implementation of competition policy is then re-examined through the mechanism of a specialised case study involving the regulation of access to gas pipelines in Western Australia.     

Is the Tax Collection Effort an Indicator of the Financial Condition of Spanish Municipalities?

ABSTRACT

The financial crisis beginning in 2007 drastically affected the financial resources of different governmental organizations, causing critical imbalances between resources and expenditure needs. This study aims to analyze whether the municipal tax collection effort in Spain could be an indicator of the financial condition of these institutions. As a preliminary step, a new methodology is used to assess their financial condition. We test tax collection effort as an indicator on a sample of more than 5,000 Spanish municipalities with fewer than 75,000 inhabitants. Results confirm that the budgetary solvency dimension is associated with the tax collection effort for all municipalities studied. Furthermore, in municipalities with populations of fewer than 5,000 inhabitants, the level of the tax collection effort is indicative of most of the financial condition dimensions.     

“What have you done for me lately?” Re-thinking local representation

Scholars have studied the influence that constituents exert on elected representatives’ action in national parliaments at length. Still, academic pundits have usually confined local representation to distributive policies and casework, and limited local legislators’ focus to a territorial perspective. In this study, I try and propose a more nuanced theory of local representation, and I use automated text analysis to capture elected representatives’ propensity to serve functional as well as territorial interests. In an effort to provide empirical backing to my theoretical argumentation, I present an analysis of Italian legislators’ behavior which shows that deputies are willing to divert public spending to their district but also to favor the interests of specific economic sectors. Scholars have already acknowledged the multidimensional character of political representation at the national level, my analysis offers theoretical justification and empirical evidence to support doing so at the local level as well.     

Optimal effort allocation by U.S. Senators: the role of constituency size

Legislators in a representative democracy are modeled as being able to allocate a fixed amount of effort between two objectives: national policymaking and local benefit-seeking. The model predicts that the effort allocated to local benefit-seeking should be a negative function of the population size of a legislator's constituency. We empirically test and confirm this prediction by examining the manner in which United States senators allocate their personal staff between home state and Washington D.C. offices.     

The Federal State and the Breakup of Czechoslovakia: An Institutional Analysis

This article examines the breakup of Czechoslovakia from aninstitutionalist perspective. The federal state adopted afterWorld War I failed to accommodate tensions in society and heightenedethnic conflict. After World War II, an "asymmetrical" federationwas created that, while designed to provide a degree of homerule to Slovakia, further alienated Slovaksfrom national politics.Each effort to reform the federal order unintentionally promptednew concerns over the balance of political power. The inabilityto construct an enduring federal state helps explain why thetransition from communism proved fatal for the union that wasCzechoslovakia.     

Markets and politics in France's declining regions

France has adopted an explicit policy of countering the decline of its old industrial areas, by encouraging a process of reindustrialization in those regions. The French experience illustrates the challenge that such an approach encounters, including dificulties arising out of policies of the European Community, the efforts of the government to achieve national growth targets, the locational preferences of potential “replacement” industries, and political and financial constraints on regional governments when they assume an entrepreneurial role. In the end, the effect of government intervention proves complex. Although the principal effort is directed at cushioning the pressures of market forces, the net result of public policy is often to transmit such forces more directly than in the past.     

Learning by doing in contests

We introduce learning by doing in a dynamic contest. Contestants compete in an early round and can use the experience gained to reduce effort cost in a subsequent contest. A contest designer can decide how much of the prize mass to distribute in the early contest and how much to leave for the later one in order to maximize total efforts. We show how this division affects effort at each stage, and present conditions that characterize the optimal split. There is a trade off here, since a large early prize increases first period efforts leading to a substantial reduction in second round effort cost; on the other hand, there is less of the prize mass to fight over in the second round, reducing effort at that stage. The results are indicative of the fact that the designer often prefers to leave most of the prize mass for the second contest to reap the gains from the learning by doing effect.     

The lost generation: How the government and non-governmental organizations are protecting the rights of orphans in Uganda

Millions of Ugandan children have become orphaned over the last two decades, the primary cause being the increasing HIV/AIDS epidemic. This phenomenon has prompted the government to institute numerous legal reforms. These internal reforms, implemented in a legal environment based on English common law and increasingly, international standards, greatly influence the legal inheritance rights of Ugandan orphans and their chances for prosperity. In many regions, however, the traditional local mores trump both national and global standards, meaning that while Ugandan parents may own appreciable property upon death, their children rarely receive it, but rather fall victim to “property grabbing” or mismanagement by relatives. The key impediments to solving this problem and to Uganda’s adoption of a more egalitarian system of inheritance include the ineffectiveness of local councils, the inadequate enforcement of the Children Stature, and the heavily centralized and cumbersome structure of the national government. Therefore, significant reforms are needed, including the pronouncement of a national policy regarding orphans, the reduction of national reliance on NGOs, and the restoration of a national legislative effort to codify orphans’ property rights.     

The European Court's political power

The European Court has emerged as one of the most powerful political institutions in the European Union and the most influential international court in existence. National courts are the linchpins of the European legal system, making European Court decisions enforceable and creating an independent power base for the European Court. This article examines why national courts agreed to take on a role enforcing European law supremacy against their own governments and why national politicians did not stop an institutional transformation of the European legal system which greatly compromised national sovereignty. Competition between lower and higher national courts, each trying to enhance their influence and authority vis‐à‐vis each other, explains how national legal interpretive barriers and high‐court ambivalence regarding the European Court's declaration of European Law Supremacy was overcome. Politicians proved unable to reverse national court acceptance of European law supremacy, and institutional rules kept politicians from sanctioning either national courts or the European Court for judicial activism. Legal doctrine became a form of institution‐building, and a mechanism to make international law enforceable was created, giving the European Court the ability to make unpopular decisions and to compel compliance with European law.     

Joint implementation of greenhouse gas abatement under the Kyoto protocol's ‘clean development mechanism’: Its scope and limits

The Kyoto Protocol on climate change includes four flexibility mechanisms, which pursue lower-cost global reduction of greenhouse gas emissions through voluntary international re-distribution of abatement effort. We consider the operation of one of these, the Clean Development Mechanism (CDM), which grants transferable credit for abatement achieved by individual projects in countries without national emission targets. An uncredited pilot phase in effect since 1995 provides only limited guidance for projecting the operation of the credited CDM. Under the CDM, intractable difficulties of accounting for project-level effects are likely to bias project activity toward particular project types for which exaggeration-resistant accounting rules are most readily available. This bias will favor retrofits over new investments, and will consequently limit the CDM to a modest contribution to required abatement in developing countries. Use of CDM credits as instruments of domestic policy in investor countries, as well as instruments of international policy, may mitigate this bias and the associated limitation. So may the use of projects based on novel technologies of carbon management.     

Decentralization and local public finance in Tunisia

The Tunisian government has long admitted that its excessively centralized administrative and political systems have generated heavy costs in terms of inefficiency and citizen alienation. A major decentralizing reform effort was launched in the mid-1970s, the most important parts of which dealt with changes in local taxation powers, and in the sources and size of grants and loans which Tunisian communes receive from national sources. The result to date has been a modest increase in communal revenues from the new or increased taxes, and a more significant increase in central government grants to local governments. Smaller and more rural communes are heavily dependent on grants to undertake development actions, their tax base being negligible. The revised systefn generates more revenue, and distributes resources more equitably, than the previous arrangements. In theory, it gives a greatly increased latitude to elected communal councils. Nonetheless, the local governments-and the communes in particular-remain severely constrained by central government authorities. The conclusion is that the decentralization reform has been partial and halting, and will in all probability continue in the same manner.     

Perennial Budget Reform Proposals: Budget Staff versus Elected Officials

This article defines budget reform perennials at the national level as those that reoccur multiple times, with little chance of passage and little change from one iteration to the next. The literature has seldom examined proposals that do not pass or the staff effort that goes into keeping flawed proposals from passing. The article describes the sources of such proposals and what can conceivably be done to lessen the tension they cause. The research is based primarily on qualitative interviews and legislative testimony. Examples of reform perennials include biennial and capital budgeting.