The Effects of Term Limits on State Legislatures: A New Survey of the 50 States

Term limits on legislators were adopted in 21 states during the early 1990s. Beginning in 1996, the limits legally barred incumbents from reelection in 11 states, and they will do so in four more by 2010. In 2002, we conducted the only survey of legislators in all 50 states aimed at assessing the impact of term limits on state legislative representation. We found that term limits have virtually no effect on the types of people elected to office—whether measured by a range of demographic characteristics or by ideological predisposition—but they do have measurable impact on certain behaviors and priorities reported by legislators in the survey, and on the balance of power among various institutional actors in the arena of state politics. We characterize the biggest impact on behavior and priorities as a “Burkean shift,” whereby term‐limited legislators become less beholden to the constituents in their geographical districts and more attentive to other concerns. The reform also increases the power of the executive branch (governors and the bureaucracy) over legislative outcomes and weakens the influence of majority party leaders and committee chairs, albeit for different reasons.     

Stalemate in the States: Agenda Control Rules and Policy Output in American Legislatures

This article examines how the power of majority‐party leaders to set the legislative voting calendar influences policy change in American state legislatures. By generating an opportunity for party leaders to exercise gatekeeping or negative agenda control, such rules introduce an additional partisan veto player into a system of governance. This addition typically increases the size of the core or gridlock interval, which drives policy change downward. Using both traditional data on bill passage counts and new data on Affordable Care Act compliance, I find strong support for these claims. More specifically, when I calculate core sizes that are sensitive to agenda rules, I find that agenda‐control‐adjusted core size is negatively correlated with policy change, as expected. Moreover, even when I match states on their overall preference dispersion or polarization, the ability of party leaders to exercise negative agenda control is strongly negatively associated with policy change.     

More than Rubber-Stamps: The Consequences Produced by Legislatures in Non-Democratic States beyond Latent Legitimation

Despite various works suggesting the contrary, legislatures in non-democratic states are overwhelmingly generalised as ‘rubber-stamps’ that provide nothing other than latent legitimacy for those in power. Based on examination of legislatures in 10 of the world's most undemocratic states this paper highlights their capacity to act in precisely the opposite manner, serving to empower citizens, strengthen opposition groups and weaken dictatorial regimes. Whilst recognising that legislatures can be manipulated and subjugated by such regimes, the article seeks to highlight the variations between legislatures and the need to take account of their true potential.     

Reserved Seats in National Legislatures: A Research Note

As competitive democracy is crafted in ethnically plural and postconflict nation‐states, the question of whether or not to reserve legislative seats for communal groups—ethnic, national, or religious—is increasingly a topic of debate. This research note provides an overview of targeted electoral mechanisms designed to ensure the inclusion in national parliaments of representatives of ethnic, racial, national, or religious communities. The data show that the existence of reserved seats in national legislatures for such groups is much more widespread, and less idiosyncratic, than many scholars previously thought. This finding, along with current discussions in high‐profile cases of constitutional design, suggests that the occurrence and impact of reserved seats should be analyzed in greater detail.     

Multicountry Studies of Latin American Legislatures: A Review Article

Electoral Laws and the Survival of Presidential Democracies. By Mark P. Jones. (South Bend, IN: University of Notre Dame Press, 1995. Pp. 246). Legislative Politics in Latin America. Edited by Scott Morgenstern and Benito Nacif. (New York, NY: Cambridge University Press, 2002. Pp. 503). Partidos Políticos de América Latina: Centroamérica, Mexico, y República Dominicana. By Manuel Alcántara Sáez and Flavia Friedenberg. (Salamanca, Spain: Biblioteca de América, 2001. Pp. 776). Partidos Políticos de América Latina: Cono Sur. By Manuel Alcántara Sáez and Flavia Friedenberg. (Salamanca, Spain: Biblioteca de América, 2001. Pp. 628). Partidos Políticos de América Latina: Paises Andinos. By Manuel Alcántara Sáez and Flavia Friedenberg. (Salamanca, Spain: Biblioteca de América, 2001. Pp. 680). Patterns of Legislative Politics: Roll Call Voting in Latin America and the U.S. By Scott Morgenstern. (New York, NY: Cambridge University Press, 2004. Pp. 224).¹ Politicians and Economic Reform in New Democracies. By Kent Eaton. (University Park, PA: The Pennsylvania State University Press, 2002. Pp. 351).¹ Presidentialism and Democracy in Latin America. Edited by Scott Mainwaring and Matthew Soberg Shugart. (New York, NY: Cambridge University Press, 1997. Pp. 493). Term Limits and Legislative Representation. By John M. Carey. (New York, NY: Cambridge University Press, 1996. Pp. 216).     

中美两国执行国际商事仲裁裁决比较研究

中美两国均是《纽约公约》的缔约国,但因两国在司法体制、法律渊源以及法律方法论等方面存在着诸多差异,因而它们对该公约的适用也有较大区别。我国法律将仲裁裁决分为国内裁决、涉外裁决及外国裁决三种,法院在承认与执行时对不同种类的裁决进行司法审查的标准亦各不相同。美国法律则并未明确区分国际仲裁与国内仲裁,联邦法律和各州法律都可以适用于国际仲裁案件。中美两国对《纽约公约》中规定的"非内国裁决"理解不一致,该公约在中美两国法院的适用范围也不尽相同。但中美两国促进、鼓励国际商事仲裁事业健康、有序发展的宗旨是一致的。     

美国与德国法院体制之比较

美国与德国都是联邦制国家也是奉行宪法至上的国家 ,两国的法院体制都必须适应这一特点。比较两国的法院体制的基本特征 ,分析这些特征产生的原因并进而探讨法院在维护联邦制中的作用。     

Corrections in Israel and the United States: A Comparative Analysis

The general underlying philosophical intent of corrections in both Israel and the United States is the restoration of the offender to a productive role in the community. Since the correctional intent is essentially the same, it is not surprising that the systems established to implement this aspiration are rather similar and exhibit many of the same ambiguities, weaknesses, and frustrations. The focus of the paper is on two correctional alternatives: incarceration and probation.

As in America, Israel's prisons are overcrowded; most of the correctional facilities are unfit for human habitation; sanitary conditions are poor; occupational, vocational, and educational opportunities are virtually non-existent; and rehabilitation exists in name only. The recidivist rate of criminal offenders is as high in Israel as in the U.S. Various Israeli commissions in recent years have decried the prison conditions and have called for reform but, again as in the U.S., the problem has defied an acceptable solution.

Israel's probation services are part of the country's social services delivery system rather than the penal or judicial systems. That is the case because, unlike the U.S. conception, probation in Israel is not considered a punishment. Probation services are utilized by the Criminal Justice System, but organizationally they are not part of it. Still, the functions carried out by the Israeli probation officers very much resemble those of their counterparts in the U.S. Probation services in Israel have not expanded in recent years, even though the number of incarcerated offenders has increased.

Corrections has never been a priority in Israel and will not be so long as the country remains preoccupied with security matters. On the other hand, the crime rate continues to increase and so does the prison population. Consequently, the country's correctional problems and policies, in all their dimensions, should be re-examined, and the sooner the better.     

Unconscionability of E-contracts: A Comparative Study of India,the United Kingdom,and the United States

Liverpool Law Review - Adhesion contracts have a strong likelihood of being unconscionable. The laws and principles are further complicated by the introduction of electronic contracts, specifically...     

Unincorporated Treaties and Small States

For small, developing, common law dualist jurisdictions aspiring to good governance based on the rule of law, their written constitutions are normally expressed to be their supreme law which regulates the allocation of governmental powers and accords their citizens a measure of predictability in the evaluation of their civil rights and determining their civic responsibilities. Predictably, therefore, competent decision‐makers of such states are extremely wary of international developments in treaty‐making and judicial decision‐making which, unwittingly or by design, operate to subject the interpretation and application of their supreme law to external determinants hostile or indifferent to their indigenous value systems. In the premises, dualism as historically understood and practiced by small, weak, sovereignties is seen as a normative prophylactic device for safeguarding and sustaining their preferred values. Drawing on a wealth of case law and legal literature, this article undertakes an in‐depth evaluation of the legal ramifications of unincorporated treaties on dualist jurisdictions, with particular emphasis on small Caricom Member States. Reference is made to the Caribbean Court of Justice (CCJ), which has been called upon to examine and pronounce on recent innovative determinations of the Judicial Committee of the Privy Council (JCPC) and which have been expressed by competent regional decision‐makers to introduce unacceptable levels of uncertainty into the administration of criminal justice in the Caribbean Community. It is submitted that the determinations of the JCPC reached in Thomas v Baptiste and reaffirmed in Neville Lewis v Attorney‐General of Jamaica, which ratified unincorporated treaties concluded by the executive, appear to have far‐reaching negative implications for the Member States of the Caribbean Community.     

中美外国人永久居留制度比较研究

外国人永久居留制度是国际移民发展到一定阶段的产物,是一个综合性的法律制度。美国的外国人永久居留制度在法律体系方面内容丰富、层次分明,在管理体制方面机构完备、分工明确,签证种类丰富,体系完善;我国只有零星的法律条文对外国人永久居留制度做出了规定,完善的法律体系远未成型,多个部门混合进行管理,责任模糊不清。刚成立的国家移民局为移民体系的探索开辟了新的道路,但签证类别较少也未采用一定的移民技术手段予以支持。我国并非传统移民国家、国内人口众多、我国在政策的制定上更加追求灵活性以及移民我国的门槛较高等因素共同造成了我国制度上的滞后。可通过建立健全法律体系、重构管理模式、完善签证制度、加强难民管理等措施加以解决。     

Liberation Movements and Robbery: A Comparative Analysis of Uganda and the United States

Both Uganda and the United States experienced precipitous increases in robbery in the middle and late 60's. In Uganda the change came within two years after formal independence from Britain and for the United States the rise came in the period after the passage of the 1964 Civil Rights Act. In both cases, the offenders were poor, young black males. A major analysis of the phenomenon in the United States suggested relative economic deprivation as the principal explanatory factor. This paper contends that such an analysis both limits the meaning freedom movements may have for their participants and cannot account adequately for the similar trend in Uganda. Data suggest that violence receives a general legitimization in post-war periods and similar dynamics may apply to the participants in independence struggles. Further, studies suggest that the urban robber is characterized by a high degree of alienation that includes in Seeman's terminology—isolation, meaninglessness, and powerlessness. The movements may have mitigated somewhat this aspect of the lives of the urban poor and helped to account for the lack of change in robbery during the struggles. Their termination through symbolic success may have left a vacuum devoid of meaning and purpose, especially for unskilled, poor blacks, which generated new heights of anger and alienation and which, in turn, led to rapid increases in rebellious behavior such as armed robbery. Such a reality would pose a serious problem for leaders who successfully directed a popular revolution and must now stabilize an economy.     

Evaluating the Human Rights Performance of Legislatures

Despite increased recognition of the role of legislatures inprotecting human rights, particularly through their scrutinyof proposed legislation, there has been little detailed considerationof how best to evaluate their performance in discharging thisrole. This article aims to fill this significant gap by outliningand defending a methodology for carrying out such an evaluation.Our objective is to provide a rich and valid account of theperformance of legislatures by identifying strengths and weaknessesof existing legislative institutions and processes. Such a processcan also inform recommendations as to how institutions and processes,in particular legislatures, might be improved.     

The Small-Case Procedure of the United States Tax Court: A Small Claims Court That Works

Professor Whitford finds that the small-case procedure of the United States Tax Court, unlike most other small claims courts, provides a meaningful avenue of redress for taxpayers contesting small amounts and appearing pro se. The success of this procedure is attributed to the unique dispute'posture" of the Tax Court petitioner and to the extensive resources assigned to the small-case procedure by both the Tax Court and the chief counsel to the IRS. This special Tax Court invention is not likely to be replicated in courts of more general jurisdiction. Lack of political support will prevent allocation of resources sufficient to make pro se litigation work. The expenditure of such resources in the Tax Court apparently reflects a felt need to legitimate the tax system by providing fair disputing procedures.     

The Influence of Lobbying Activityin State Legislatures: Evidence from Wisconsin

This study attempts to assess the degree of influence interest groups can exert on the state policy process, specifically via their lobbying activities. The analysis uses data from the 2005–06 Wisconsin Legislative Session to assess the association between lobbying activity and legislative outcomes in one state legislature. The study finds a direct association between lobbying activities and bill outcomes, while also exploring the potential influences of both key political actors and public attention. Public attention is found to reduce the effects of lobbying efforts, suggesting that lobbying is most effective when focused on less salient issues.     

Climate Change Litigation's Regulatory Pathways: A Comparative Analysis of the United States and Australia

This article provides a critical next step in scholarship on climate change litigation's regulatory role. It creates a model for understanding the direct and indirect regulatory roles of this litigation. It then applies this model to the United States and Australia, two key jurisdictions for climate change lawsuits, in order to explore the regulatory pathways that this litigation has taken, is taking, and likely will take. This analysis helps to illuminate the ways in which litigation influences regulation and forms part of climate change governance.