Legislative Transparency and Credit Risk

Open governance requirements are designed to improve accountability, which implies that transparent governments are more trustworthy stewards of their publicly invested power. However, transparency may also reduce institutional effectiveness and inhibit political compromise, diminishing the capacity to manage resources responsibly. We assess empirical support for these competing perspectives in the context of American state legislatures, many of which have become exempt from state sunshine laws in recent decades. We leverage variation in the timing of these legislative exemptions to identify the effect of removing transparency in a crucial governing institution on investors’ risk perceptions of states’ general obligation bonds. Our analysis of these data during the period 1995–2010 suggests that removing legislative transparency reduces state credit risk. We conclude that while openness in government may be normatively desirable, shielding legislative proceedings from public view may actually be better for states’ debt repayment capacity, improving their overall fiscal health.     

The dynamics of illicit drugs production: Future sources and threats

This paper examines the opportunities for illicit drugs production which arise out of the economic, political and social conditions of some countries. These drivers can help us to understand the geographical pattern of global drugs sources and assist in the process of identifying those parts of the world in which new production opportunities are arising. It was found that there is not a homogenous set of risks which contributes to drugs production. Instead, the particular contexts which are conductive to drug production activities varies for different drug types. This has influenced the different patterns of drugs production for highly refined, organic drugs, such as cocaine and heroin, compared to synthetic drugs. The nature of developments which could trigger new areas of drug production are discussed. This revised version was published online in July 2006 with corrections to the Cover Date.     

Plurinational democracies in Europe: the quest for a profane constitutionalism

How should we understand the claims on the right to decide on status made within plurinational member states of the European Union by actors and institutions seeking to protect the self-government of sub-state nations or peoples, or at least their right to consent to their ascribed status? Peaceful solutions to conflicts involving contested claims over territory, citizenship, and national sovereignty (authority) can be found when a conceptual or cultural transformation takes place towards a pluralist and bottom-up or federal concept of plurinational democracy, recovering the centrality of self-determination as the self-assertion of a political community. Constitutional law based on the popular sovereignty of a majority nation within plurinational democracies often neglects the question of the definition of the demos as the prefigured constituency, and the existence of national or territorial minorities. If constitutions are interpreted as precluding any claim to self-determination by a constituency, and any debate about that claim, then an undemocratic, sacralized model of militant constitutionalism may emerge. That model is not so much about protecting democracy as it is about imposing a national mould, a pre-defined demos. This article revisits the claims of sovereignty made by national territorial minorities in Spain, against the background of the constitutional doctrine of the Spanish judiciary that precludes these constituencies from engaging in political debates on the right to decide. The resulting sacralization of the Constitution leads to a new version of the model of ‘militant democracy’, a militant nationalist constitutionalism, which can be countered by an alternative, secular, even profane approach to the Constitution.     

Ghosts of terror wars past?

In the wake of 9/11 and the invasion of Afghanistan, then of Iraq, with all the talk of a renewed Clash of Civilizations, came a revival of interest in the lessons from what seemed to be the direct antecedent, namely the Barbary Wars of the late 18th and early 19th centuries. At that time, too, America had seemed to be forced to defend itself economically and militarily against a fanatical foe which rationalized crimes in the name of religion to wage terror against innocents. There are indeed close analogies between the two; but they are almost exactly the opposite of what much popular (and some official) belief holds true. If today it has become clear that most justifications for the current Terror War were fabrications intended to cloak other agendas at home and abroad, when the Barbary Wars are subjected to serious scrutiny, much the same forces advancing much the same agendas appear at work. Nor are the “politics of fear” new in American history. During the Barbary Wars, carefully cultivated fears of a rising Islamintern served to: divert public attention from domestic political problems; suppress political dissent; provide cover for regressive fiscal changes; cloak offensive militarism in defensive guise; and ride roughshod over both conventions of international diplomacy and normal standards of criminal justice, all rationalized by a sense of Christian mission.     

分权改革背景下的地方财政自主权

为实现政治统治的合法化,近现代国家在民主的基础上形成了以规范为中心的权力认知模式。建国与改革为主题的国家制度建设所呈现的渐进性和试验性,使我国在中央与地方的财政关系上,形成了规范内外不同的权力生长与存续机理。碎片化的规范,赋予了地方在特定领域内的财政自主权。同时,依赖政治过程的分散化策略,引致了权力的制度外溢,形成了诸多所谓的"事实上的财政自主权"。尽管正当的制度只能逐步建设和改进,但如果始终存在超越于法律规范之上的权力,法治秩序终将会崩裂。地方财政自主权,必须在规范主义的立场上循序形成。     

Holding back the tide: policies to preserve and reconstruct health insurance coverage in Maryland

Over the past decade, state officials have pursued a variety of strategies to protect and expand health insurance coverage for their residents. This article examines the course of action in Maryland, where new initiatives were shaped around the state's unique hospital payment system and its reimbursement of uncompensated care, an evolving Medicaid and children's health program, and regulation of the small group health insurance market. Several important patterns emerge from the Maryland experience. First, even the most incremental initiatives--programs intended to aid a few thousand beneficiaries--bring into play the very issues that hamper comprehensive reforms: who is deserving of mutual aid and what is the proper role of government versus private entities in administering that aid. In Maryland, these issues generate conflict not only between Democrats and Republicans but also urban and rural interests. Second, all of the important reforms of the past decade were undertaken primarily in reaction to federal policy initiatives. Contrary to rhetoric lauding states as the "laboratories of democracy," the political impetus for reform and basic policy options emerge from interaction between federal and state debates. Third, even with budget surpluses and Democrats in control of the governorship and legislature, Maryland did not move aggressively toward universal health insurance. Now, with a much weaker economy and a new, Republican governor, the primary challenge will be to prevent further erosion of insurance coverage. The Maryland experience reiterates that each step toward greater health security, no matter how small, is a major technical and political challenge and that it will be difficult if not impossible to rely on states to secure coverage for all Americans in the foreseeable future.     

You can lead a horse to water …: A case study of a police department's response to stricter drunk-driving laws

We present a case study illustrating the complexity of the process that determines how vigorously local police agencies enforce recent drunk-driving laws. Police enforcement practices are influenced most strongly by the play of local factors in a system of “games.” The local forces exerting greatest influence are 1) the local demand for drunk-driving enforcement, 2) the police leadership's priority for DUI enforcement, 3) the police leadership's capacity for command and control of the organization, and 4) the disposition of the local police culture regarding drunk driving and related work issues. In “Melville,” the study site, there is little external demand for drunk-driving enforcement, and police management tries to suppress it while making only symbolic gestures of support. Management's capacity to control street-level enforcement practices is limited, however, and a small cadre of officers generates a disproportionate number of arrests for personal financial gain (bounty), giving the department a much higher arrest rate than the department desires. Thus Melville's responsiveness to the state's drunk-driving law is not due to external political pressure or formal policy, but rather to the inability of local authorities to impose their will on street-level practices. Melville's case suggests that the degree to which police implement a new criminal law may be entirely independent of efforts to ensure political accountability and organizational control.     

Rawls's Political Liberalism. A Reassessment

Since Rawls's Political Liberalism is by now the subject of a wide and deep philosophical literature, much of it excellent in quality, it would be foolhardy to attempt to say something about each of the major issues of the work, or to sort through debates that can easily be located elsewhere. I have therefore decided to focus on a small number of issues where there is at least some chance that a fresh approach may yield some new understanding of the text: Rawls's distinction between “reasonable” and “unreasonable” comprehensive doctrines; the psychological underpinnings of political liberalism; and the possibility that political liberalism might be extended beyond the small group of modern Western societies that Rawls's historical remarks suggest as its primary focus. I also include a discussion of the much‐debated issue of civility and public reason, which could hardly be avoided given its prominence in the book's reception. This paper should therefore be read not as a comprehensive account of the work but as one person's attempt to grapple, very incompletely and imperfectly, with a book that is as great as any philosophy has seen on this topic of great human urgency.     

Drug Views

Abstract

Substance abuse is a significant social problem and political issue. Students at a Midwestern university were surveyed on their drug views. The findings suggest that race is a statistically significant factor on students' views toward drugs. White students were more likely than non-Whites to view drugs as a pressing social issue, to consider drug use as a character weakness, and to support a punitive response to drug use. In contrast, non-Whites were more likely than Whites to view drug abuse as an illness, to support treatment as a response, to be tolerant of marijuana use, and to support legalization of marijuana. Both groups of students considered alcohol a dangerous drug. Differences associated with race remained statistically significant in multivariate analysis after controlling for age, academic standing, political affiliation, and religiosity.     

A Moral Equivalent of Consent of the Governed

Though genuine (voluntary, deliberate) consent of the governed does not occur in modern states, political legitimacy still requires something that does what consent does. Dereification of the state (recognizing that citizens continually create their state), combined with a defensible notion of moral responsibility, entails citizens' moral responsibility for their state. This implies that we may treat citizens morally as if they consented to their state, yielding a moral equivalent of consent of the governed, and a conception of political legitimacy applicable to modern states thought legitimate. It implies that legitimate states have a moral right to rule, and their citizens have a prima facie moral obligation to obey the law.     

Determinants of states' allocations of the master settlement agreement payments

To determine which factors influence states' allocation decisions for the tobacco Master Settlement Agreement and the four individual settlements' annual payments, including the decision to securitize, we analyzed the effects of voter characteristics, political parties, interest groups, prior spending on public tobacco control programs, and state fiscal health on per capita settlement funds allocated to tobacco-control, health, and other programs. Tobacco-producing states and those with high proportions of conservative Democrats or elderly, black, Hispanic, or wealthy people tended to spend less on tobacco control. Education and medical lobbies had strong positive influences on per capita allocations for tobacco-control and health-related programs. State fiscal crises affected amounts spent by states from settlement funds as well as the probability of securitizing future cash flows from the settlements.     

The politics of discretionary Medicaid spending, 1980-1993

Why do some states choose to spend more than four times as much as others to provide health care to the disadvantaged? Political scientists who have traditionally explored this question by analyzing trends in overall Medicaid expenditures lumped states' discretionary spending in with other money that states are mandated to spend. Analyses of total expenditures found that socioeconomic factors drove spending but that party control of state legislatures made no difference in health policy making. By isolating discretionary state Medicaid expenditures from total spending figures, I reexamine the influences of political as well as economic and demographic factors. The often-doubted importance of party control becomes clear. This study investigates spending patterns in the discretionary portions of state Medicaid programs in forty-six states from 1980 to 1993 and analyzes both incremental program changes and absolute differences in state spending. To discover how greatly the researcher's choice of dependent variables can affect results, optional spending is separated from total spending levels and the variation is modeled in both. Focusing not on the spending that the federal government requires of state officials but on the policies that state officials actually choose allows a balanced exploration of both political and economic effects on welfare expenditures. This research also provides new insights about which forces will shape policy decisions if more and more control of the public health care system is devolved to the states.     

Perceived threat of crime,authoritarianism, and the rise of a populist president in the Philippines

President Duterte of the Philippines implemented an open “war” on drugs based upon claims of an over-proliferation of illegal drugs in the country. Despite summary killings of suspected users and dealers, Duterte enjoys popular support among Filipinos. This paper assesses reasons behind the support using citizens’ perceptions of the severity of the drugs/crime problem, their punitiveness, and authoritarian attitudes as explanations. A sample of 114 Filipinos across Luzon, Visayas and Mindanao responded to an electronic survey about socio-legal issues. Results show that drugs/crime are perceived as serious problems nationally yet only minor problems locally. This perceived national seriousness is significantly related to support for Duterte. Trust in the law and enforcement agents, an authoritarian attitude, and region are also strongly related to support for Duterte. This paper concludes with reflections on information manipulation as means to advance political ends and the importance of context in furthering theories of authoritarian submission.     

The European Convention and the Relative Rights of Resident Aliens

By virtue of conceptual abstraction, the notion of nationality plays a pivotal role in liberal democracies, governing distinctions in the allocation of 'absolute' and 'relative' rights, and determining that while national citizens, as full member of a sovereign political community, enjoy both human and political/social rights, resident aliens are excluded from the scope of these latter, community-related, rights. Further, The European Convention upon Human Rights appears to countenance this dichotomy, allowing sovereign states to restrict the political activity of aliens. This paper nonetheless argues that such a distinction undermines the democratic imperative upon which liberal constitutional states are founded. A 'social integration thesis,' holding that individuals should enjoy, as a fundamental right, the possibility fully to develop their personalities though establishing and pursuing secure social contacts, as well as interpreting those contacts in the light of prevailing cultural perceptions, not only raises the right of stable residence to one of most fundamental attaching to the human condition, but also indicates that political rights—a mere extension of self‐expression and self-fulfilment within civil society—should be recast as a universal entitlement. Article Three of the First Protocol ECHR may be construed in line with the social integration thesis, and consequently, in the matter of the definition of the members of the national community, the political sovereignty of the Nation State must be limited.     

Medicaid myths: trends in Medicaid expenditures and the prospects for reform

Medicaid expenditures, which had reached more than +32 billion by 1981, have grown substantially throughout the program's history. As a result, the conventional wisdom is that Medicaid expenditures represent a significant public-policy problem. Using other measures, however, it can be shown that the program is much less of a problem than it appears to be. By 1981, spending for Medicaid represented only 12.7 percent of total state spending and had contributed only 14.2 percent to the overall growth in state expenditures since 1965. Moreover, considering only the funds which states raise from in-state sources, the median share of state budgets accounted for by Medicaid was just 5.6 percent, and only 7 states spent as much as 9 percent of their own money on the program. These figures suggest that the marginal reductions in Medicaid expenditures which would result from typical program changes are likely to be so small that rational state officials might be unwilling to incur the political opposition of powerful provider groups or the resistance of large state bureaucracies by proposing substantial reforms. The major exceptions are the few states with very large programs where even small proportional savings would amount to millions of dollars. We conclude that, given its present federal-state form and the current distribution of expenditures, it is unlikely that major reforms will be enacted because the stakes are too small for most states and the federal interest is too diffused.     

Illicit payments for illicit goods: noncontact drug distribution on Russian online drug marketplaces

The distribution or consumption of traditional drugs has become the subject of stringent penalties throughout most of the world and synthetic designer drugs have become the alternative. Novel psychoactive substances, also called ‘legal highs’, are highly varied in terms of chemical composition. These substances are advertised and distributed as an alternative to traditional drugs on the Internet, making identification of new substances and enforcement difficult. For this article, we downloaded and analysed 28 Russian-language online drug marketplaces which distribute traditional and novel psychoactive substances. All marketplaces used a noncontact drug dealing method where the seller and the buyer communicate through the Internet to arrange for payment and delivery of drugs without meeting face-to-face. Geographic information, price, amount, substance type and payment method data were extracted. Findings indicate such marketplaces are able to operate due to the ability of their clients to pay anonymously with the virtual currencies – Qiwi and Bitcoin.     

Anatomy of Judicial Backlash: Southern Leaders,Massive Resistance,and the Supreme Court, 1954–1958

Exploiting a range of archival materials, we argue that state‐level variation in judicial backlash to Brown was as much the result of strategic choices by southern political elites as it was the ingrained prejudices of the region's white voters. Presenting case studies of massive resistance in Mississippi, Louisiana, Virginia, and Arkansas, we show that elite agency profoundly shaped the patchwork development of grassroots resistance to integration across the South. These findings challenge the prevailing view that backlash to Brown signaled the unequivocal triumph of racial conservatives. Rather, we argue that the region's response offered individual members of the southern elite significant autonomy to direct massive resistance in their home states. We also argue that southern lawmakers were responsible for the South's embrace of popular constitutionalism post‐Brown, and thus that it may not have been “popular” at all. We conclude that studies of judicial backlash would do well to reevaluate the assumption that backlash is necessarily a grassroots phenomenon.     

European Union Constitution-Making, Political Identity and Central European Reflections

Abstract: This article focuses on the European Union's constitution‐making efforts and their specific reflections in the Central European accession states. It analyses both the temporal and spatial dimensions of constitution‐making and addresses the problems of political identity related to ethnic divisions and civic demos. It starts by summarising the major arguments supporting the Union's constitution‐making project and emphasises the Union's symbolic power as a polity built on the principles of civil society and parliamentary democracy. The EU's official rejection of ethnically based political identity played an important symbolic role in post‐Communist constitutional and legal transformations in Central Europe in the 1990s. In the following part, the text analyses the temporal dimension of the EU's identity‐building and constitution‐making and emphasises its profoundly future‐oriented structure. The concept of identity as the ‘future in process’ is the only option of how to deal with the absence of the European demos. Furthermore, it initiates the politically much‐needed constitution‐making process. The following spatial analysis of this process emphasises positive aspects of the horizontal model of constitution‐making, its elements in the Convention's deliberation and their positive effect on the Central European accession states. The article concludes by understanding the emerging European identity as a multi‐level identity of civil political virtues surrounded by old loyalties and traditions, which supports the conversational model of liberal democratic politics, reflects the continent's heterogeneity and leads to the beneficial combination of universal principles and political realism.     

The Fate of the State Revisited

The State, which during the three and a half centuries since the Treaty of Westphalia (1648) has been the most important and the most characteristic of all modern institutions, appears to be declining or dying. In many places, existing states are either combining into larger communities or falling apart; in many places, organizations that are not states are challenging them by means fair or foul. On the international level, we seem to be moving away form a system of separate, sovereign, legally equal, states towards less distinct, more hierarchical, and in many ways more complex political structures. Inside their borders, it seems that many states will soon no longer be able to protect the political, military, economic, social and cultural life of their citizens. These developments are likely to lead to upheavals as profound as those that took humanity out of the middle ages and into the modern world. Whether the direction of change is desirable, as some hope, or undesirable, as others fear, remains to be seen.