What's Yours is Mine: Rent-Seeking and the Common Law

The paper develops a rent-seeking theory of the common law.The general finding is that the law's form depends on thecomparative advantage each group has in production versusappropriation generally, and appropriation via litigation inparticular. The model generates new interpretations ofdevelopments in United States common law, and is used both tosupplement and to criticize two dominant theories of such law,the efficiency theory associated with the law and economicsmovement and that generated by critical legal studiesscholars.     

Motivated Reasoning,Public Opinion,and Presidential Approval

Political Behavior - Presidential approval is a desirable commodity for US presidents, one that bolsters re-election chances and the prospects of legislative success. An important question, then,...     

Resistance to Position Change,Motivated Reasoning,and Polarization

Political Behavior - People seem more divided than ever before over social and political issues, entrenched in their existing beliefs and unwilling to change them. Empirical research on mechanisms...     

Interpreting Performance Information: Motivated Reasoning or Unbiased Comprehension

A main rationale of performance information is to empower citizens to make informed decisions by presenting them with unambiguous information about the performance of institutions. However, even objective, clear, and unambiguous performance information is subject to biased interpretation depending on whether the information is consistent with the prior beliefs held by those who receive the information. Integrating the theory of motivated reasoning with the literature on performance information, the authors hypothesize that performance information that is inconsistent with prior beliefs is less likely to be interpreted correctly than belief‐consistent information. Using randomized survey experiments in which respondents were presented with quantitative performance data, the authors show that subjects systematically interpret performance information in ways that conform with their prior beliefs. The findings question the assumption that providing performance information automatically increases knowledge about government performance, let alone improves political decisions.     

Conspiracy Endorsement as Motivated Reasoning: The Moderating Roles of Political Knowledge and Trust

Given the potential political and social significance of conspiracy beliefs, a substantial and growing body of work examines the individual‐level correlates of belief in conspiracy theories and general conspiratorial predispositions. However, although we know much about the psychological antecedents of conspiracy endorsement, we know less about the individual‐level political causes of these prevalent and consequential beliefs. Our work draws from the extant literature to posit that endorsement of conspiracy theories is a motivated process that serves both ideological and psychological needs. In doing so, we develop a theory that identifies a particular type of person—one who is both highly knowledgeable about politics and lacking in trust—who is most susceptible to ideologically motivated conspiracy endorsement. Further, we demonstrate that the moderators of belief in conspiracy theories are strikingly different for conservatives and liberals.     

Motivated Reasoning and Political Parties: Evidence for Increased Processing in the Face of Party Cues

Extant research in political science has demonstrated that citizens’ opinions on policies are influenced by their attachment to the party sponsoring them. At the same time, little evidence exists illuminating the psychological processes through which such party cues are filtered. From the psychological literature on source cues, we derive two possible hypotheses: (1) party cues activate heuristic processing aimed at minimizing the processing effort during opinion formation, and (2) party cues activate group motivational processes that compel citizens to support the position of their party. As part of the latter processes, the presence of party cues would make individuals engage in effortful motivated reasoning to produce arguments for the correctness of their party’s position. Following psychological research, we use response latency to measure processing effort and, in support of the motivated reasoning hypothesis, demonstrate that across student and nationally representative samples, the presence of party cues increases processing effort.     

Contacting as a channel of Political Involvement: Collectively Motivated,Individually Enacted

Citizen-initiated contact with politicians is an increasing, but often neglected, form of political participation. Direct contact fits well with new participation trends that increased individualisation and a single-issue focus have brought forth, and is often interpreted as a participatory form that conforms with such new demands. Yet while political participation through most traditional channels is decreasing, direct-contact increase implies that people are still channelling involvement through the established institutions. Accordingly, this article argues that the significant increase in direct contacting of representatives is not an expression of protest behaviour. On the contrary, contacting shows strong adherence to representative democracy. It is related to conventional modes of political participation, above all party-related activities. This study examines contacting in relation to other forms of political involvement, using data from the Norwegian Citizenship Survey. The analyses reveal that even after removing from the analyses those who themselves hold public office, citizen-initiated contacting is related to party activity. Political ties are more important in explaining contacting than is the socio-economic status of the contactors.     

Partisans in Robes: Party Cues and Public Acceptance of Supreme Court Decisions

The public perceives the Supreme Court to be a legal institution. This perception enables the Court's legitimacy‐conferring function, which serves to increase public acceptance of its decisions. Yet, the public acknowledges a political aspect to the Court as well. To evaluate how the public responds to the different images of the Supreme Court, we investigate whether and how depictions of specifically partisan (e.g., Republican) Court rulings shape public acceptance of its decisions while varying institutional, legal, and issue characteristics. Using survey experiments, we find that party cues and partisanship, more so than the imprimatur of the Court, affect public acceptance. We also find that polarization diminishes the effect of party cues. Attributing a decision to the Court does little to increase baseline acceptance or attenuate partisan cue effects. The Court's uniqueness, at least in terms of its legitimacy‐conferring function, is perhaps overstated.     

Constructing a Rogue State: American Post-Cold War Security Discourse and North Korean Drug Trafficking*

Through an analysis of government reports, political testimony, influential periodicals and interviews, this paper holds that claims of North Korean drug trafficking and producing are greatly exaggerated. An assessment of the 1999 International Narcotics Control Strategy Report, 1999 North Korea Advisory Group Report, 2000 International Crime Threat Assessment, and 2004 United Nations Report on World Drugs, among other sources, reveals only inconclusive and anecdotal support for the contention that North Korea is a drug state. This lack of reliable intelligence allows American security analysts to construct North Korea as a drug sponsoring country, making the “truth” about North Korea's relationship to drugs come from endless repetition rather than sustained analysis. As a result, US approaches towards security and drug policy in the region need to be reexamined and contextualized.

The dominant definition of a problem acquires, by repetition, and by the weight and credibility of those who propose and subscribe it, the warrant of “common sense.” (Stuart Hall1 ^?1 Stuart Hall, Culture, Society, and the Media (New York: Routledge, 1989), p. 82. )     

Political Sophistication and Policy Reasoning: A Reconsideration

The sophistication-interaction theory of mass policy reasoning, which posits that the strength of the relationship between abstract principles and policy preferences is conditional on political sophistication, dominates the study of public opinion. This article argues that the sophistication-interaction theory does not hold to the degree the consensus claims. Specifically, it challenges the proposition that sophistication promotes the use of domain-specific beliefs and values. Analysis of 1984, 1986, 1987, 1988, and 1990 NES data yields two compelling findings. First, a series of confirmatory factor analyses indicate that beliefs about equal opportunity, self-reliance, and limited government in the social welfare domain and about militarism and anticommunism in the foreign policy domain are structured coherently and equivalently in the minds of citizens at different levels of sophistication. Second, structural equation model results demonstrate that political sophistication does not systematically enhance the impact these principles have on policy preferences .     

Campaign Activism and the Spatial Model: Getting Beyond Extremism to Explain Policy Motivated Participation

To date, most models of policy motivated campaign participation claim participation derives from the intensity or extremism of one’s policy views. I approach the policy motivation differently, generalizing the logic of proximity voting to model policy motivated campaign participation. Modeling participation as a function of extremism captures the activist’s policy preferences and suggests those with strong preferences participate more, while modeling participation as a function of proximity captures both the activist’s policy preferences and the relevant comparisons to the positions of the candidates. Noting the two alternatives lead to different predictions about variation in individual participation beyond turnout (e.g. campaign activities), I find consistent support for a proximity model of activism and I find no independent effect of extremism once I control for proximity. Moreover, the proximity model’s predictions about ideological responsiveness to changes in the candidates’ locations over time prove robust, while predictions based solely on ideological extremism do not.

Guilty Pleas in International Criminal Law: Constructing a Restorative Justice Approach, Nancy Amoury Combs

The field of transitional justice is entering a new phase bornof several decades of experience and a maturation of the practicaland theoretical engagement with the complex set of problemsinvolved in facing past atrocities. Guilty Pleas in InternationalCriminal Law: Constructing a Restorative Justice Approach focusesattention on the issue of guilty pleas in international criminallaw as an area of legal practice that merits additional attention,     

Race,Class, and the Development of Criminal Justice Policy1

Racial disparities in the criminal justice system are profound and well documented. A range of scholarship has examined these trends to assess the degree to which they result from biased decision making at various levels of the justice system. Also key to understanding the origin of these disparities is an analysis of the race and class determinants of criminal justice policy. This can be seen most clearly in the development of drug policy, but also in the means by which policy choices in law enforcement, prosecution, and sentencing are formulated. To the extent that crime is perceived as a “black problem,” the means by which the problem is addressed and the resulting punitiveness of the approach serve to exacerbate societal inequalities.     

The Limits to Evidence‐Based Policy: Evidence,Emotion and Criminal Justice1

While ‘evidence‐based’ or ‘rationalist’ approaches to criminal policy may appeal to technocrats, bureaucrats and a number of academics, they often fail to compete successfully with the affective approaches to law and order policies which resonate with the public and which appear to meet deep‐seated psychological needs. They also often fail to recognise that ‘policy’ and ‘politics’ are related concepts and that debates about criminal justice are played out in broader arenas than the academy, the bureau or the agency. To be successful, penal reform must take account of the emotions people feel in the face of wrongdoing. Further, successful reform must take into account changes in public ‘mood’ or emotions over time and be sensitive to different political and social cultures. This article argues that criminal justice policies are more likely to be adopted if, in addition to the gathering and presentation of evidence, they recognise and deal with the roles of emotions, symbols, faith, belief and religion in the criminal justice system. It also recognises that evidence alone is unlikely to be the major determinant of policy outcomes and that the creation and successful implementation of policy also requires extensive engagement and evidence‐based dialogue with interested and affected parties. This necessitates a different kind of modelling for evidence‐based policy processes.     

The United Nations International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone, William A. Schabas

The United Nations International Criminal Tribunals: The FormerYugoslavia, Rwanda and Sierra Leone is the first book entirelydevoted to these three United Nations jurisdictions, providinga comprehensive account of their respective mandates and ofthe main characteristics of their work. The author, William A. Schabas, Director of the Irish Centrefor Human Rights in Galway and former Commissioner     

Local Economic Development: What is Proposed, What is Done, and What Difference Does it Make?

This paper assesses the comparative policy insights gained from the articles in the symposium in terms of three dimensions: policies proposed, actions taken, and impacts scored. Local economic development interventions are classified in terms of a five-way categorization in terms of geographic breadth of action and reliance on complementary private action as a prerequisite to lasting impact. The nine symposium cases are then examined for their evidence on development efforts' accountability to the public and lessons about efficient use of public funds. The paper concludes that the cases demonstrate that most development efforts have wasted public funds, offering at best the limited success resulting from efforts to beggar neighboring local economics with which competition for development continues.