The Burger Court and Younger Abstention: Enhancing the Role of State Courts in Constitutional Adjudication

An important determinant of federal balance is the degree ofstate court authority to decide federal constitutional issues.This study traces the development of the Younger abstentiondoctrine, one of the primary vehicles by which the Burger Courtrestricted federal court jurisdiction and enhanced the authorityof state courts in constitutional adjudication. The Youngerdoctrine was adopted by the Supreme Court in 1971 for reasonsof comity and equitable restraint. Throughout the Burger Courtyears, Younger was expanded from an initial denial of jurisdictionto litigants seeking injunctive relief in state criminal proceedings,to litigants in cases "akin" to criminal proceedings, and thento litigants in cases "important to state interests." By relyingon Younger abstention, the Burger Court has reduced the roleof the federal courts as the primary enforcement of U.S. constitutionalrights.     

The Politics of Judicial Procedures: The Role of Public Oral Hearings in the German Constitutional Court

Modern liberal democracies typically depend on courts with the power of constitutional review to ensure that elected officials do not breach their constitutional obligations. The efficacy of this review, however, can depend on the public observing such breaches. One resource available to many of the world's constitutional courts to influence the public's ability to do so is public oral hearings. Drawing on the comparative judicial literature on separation of powers, public awareness, and noncompliance, I develop a formal model of public oral hearings. The model provides empirical implications for when a court will hold public oral hearings and how hearings correspond to a court's willingness to rule against elected officials. An empirical analysis of hearings at the German Constitutional Court supports the model's prediction that courts use hearings as a resource to address potential noncompliance.     

Tradable Permits for Common‐Pool Resources: An Assessment

Scholars often attribute deterioration in common‐pool resources (CPRs) to ill‐defined property rights and suggest privatization and tradable permit markets as a solution to the commons problem. CPRs are heterogeneous, differing in physical characteristics and use patterns. Regulating their use requires tailored policy solutions that cohere with these characteristics. This paper examines factors that contribute to a well‐performing tradable permit market. While the literature offers rich empirical analyses of individual tradable permit markets, it has not provided an analytical framework enabling comparative analysis of these markets. This paper develops and employs an analytical framework for comparing across markets. The comparative analysis of market performance suggests that markets are not successful in all environmental problems and all demand situations. Further, it shows that even some markets frequently cited as exemplary successes have been that for nonmarket‐related reasons. On the other hand, this comparative analysis identifies sources of success for markets that partial analytical frameworks would have predicted to fail.     

Political‐Administrative Relations: Impact of and Puzzles in Aberbach,Putnam, and Rockman, 1981

Political‐administrative relations became an issue once politicians and administrators came to be considered as distinct actors in the public realm. This happened in the late eighteenth century, and several authors since then explored the nature of this relationship in normative and/or juridical terms. But it took almost two centuries before it became an object of systematic empirical study in a comparative perspective: Aberbach, Putnam, and Rockman ( APR 1981 ). The APR study was the first to use survey methods and to advance empirically based theory. In this article we discuss the intellectual attention for this topic since the early nineteenth century, APR's findings and impact and—given APR's influence upon methods—some intriguing problems with the framework that they developed. Finally we list some potential new avenues of research.     

On‐Bill Financing Programs to Support Low‐Carbon Energy Technologies: An Agent‐Oriented Assessment

On‐bill financing (OBF) schemes have been welcomed as innovative mechanisms for encouraging the adoption of low‐carbon energy technologies. Yet while the potential effects of these schemes have received growing attention, less is known about their actual performance. Departing from New Institutional Economics and insights from Behavioral Economics, this theory‐driven assessment examines the How$mart^® program in Kansas (United States) and the Green Deal in the United Kingdom. The study identifies the mechanisms designed to trigger behavioral change and technology adoption. We focus on market agents, and related market failures and behavioral anomalies that often prevent energy efficiency improvements. The paper adds to our theoretical and empirical understanding of public and utility‐driven OBF programs applied to the residential sector. Our findings suggest that simple, carefully designed on‐bill programs, where the financing of efficient technologies takes the form of a service rather than a loan, are more effective for the diffusion of low‐carbon energy technology and the reduction of transaction costs. At the same time, on bill‐financing schemes challenge the core business of utilities, and given the complexities and dynamics of energy efficiency markets and energy use, other policy interventions are needed.     

Defining E‐leadership as Competence in ICT‐Mediated Communications: An Exploratory Assessment

While many aspects of the dramatic shifts caused by digital government have made enormous progress, the leadership of those who serve the public via electronic means has yet to take a significant step forward. This article addresses three questions: How significant has e‐leadership become? What are the challenges in trying to create a more comprehensive model of defining and measuring e‐leadership? And, based on current knowledge, what skill and behavioral elements are candidates for a concrete e‐leadership model? The authors develop and test an original model that focuses on e‐leadership as a competence in virtual communications (i.e., the use of ICT‐mediated communications) and the digital opportunities and challenges that are created. The results provide strong support for the proposed model. The article concludes with a discussion of a future agenda for e‐leadership research that can be developed in a manner that is fruitful for theory and practitioners.     

Shaping the Constitutional Dialogue on Federalism: Canada's Supreme Court as Meta-Political Actor

This article challenges the view that the Supreme Court hasbecome the predominant authority on the constitutional distributionof rights and entitlements among governments in the Canadianfederation. By assuming this position of supremacy, criticscontinue, the Court has usurped key policy functions that belongto political actors, a move that has undermined democratic governancein Canada. Against this view, we argue that the management ofCanada's federal constitutional architecture is a responsibilitythe courts share with key political actors. We describe theCourt's role as meta-political, whereby the Court's federalismjurisprudence supplements rather than subverts the constitutionalrole of political actors. We develop our thesis in relationto two subnational constituencies with a distinctive constitutionalstatus in Canada: the province of Quebec and Aboriginal FirstNations.     

The West German Federal Constitutional Court as Guardian of the Federal System

The West German Federal Constitutional Court has generally actedas a guardian of the German federal system. The Court has preventedattempts by the federation to encroach upon the modest autonomyleft to the Länder. If a national solution for a problemseems indispensable, the Court favors techniques that compensatethe Länder for a loss of autonomy by granting them certainparticipation rights. Guided by that principle, the Court'sconstruction of the Basic Law has increased considerably thenumber of federal statutes that require the approval of theBunesrat. Thus the Court emphasizes today the idea of partnership.However, in a 1986 decision, the Court made clear that a certainamount of federal leadership is needed to keep the system running.In this decision, the Court reminded the federation expresslyof its responsibility for the whole.     

Congress,the Supreme Court,and Judicial Review: Testing a Constitutional Separation of Powers Model

Recent scholarship suggests that the U.S. Supreme Court might be constrained by Congress in constitutional cases. We suggest two potential paths to Congressional influence on the Court's constitutional decisions: a rational‐anticipation model, in which the Court moves away from its preferences in order to avoid being overruled, and an institutional‐maintenance model, in which the Court protects itself against Congressional attacks to its institutional prerogatives by scaling back its striking of laws when the distance between the Court and Congress increases. We test these models by using Common Space scores and the original roll‐call votes to estimate support in the current Congress for the original legislation and the Court's preferences over that legislation. We find that the Court does not appear to consider the likelihood of override in constitutional cases, but it does back away from striking laws when it is ideologically distant from Congress.     

France and the International Financial Crisis: The Legacy of State‐Led Finance

Despite the far‐reaching liberalization of the French banking system over the past quarter century, French banks suffered far less in the international financial crisis (2007–2009) than banks in the United Kingdom and Germany. However, the French system also suffered far more—at least in the first stages of the crisis—than the banking systems of Southern Europe. By several measures, French banks were world leaders in financial innovation, and the French banking system was highly exposed to international market movements. The limited impact of the crisis, however, owed to the specificities of French “market‐based banking.” Deliberate state action over the two decades prior to the crisis created a specific kind of banking system and encouraged forms of financial innovation, the unintentional consequence of which was the limited exposure to the securitization that caused the damage wrought during the financial crisis.