An Intertribal Business Court

Few Indian reservations have any semblance of a private sector. Consequently, poverty and unemployment are major problems in much of Indian country. While there are many reasons why private enterprise is scarce in Indian country, one of the foremost reasons is businesses do not trust tribal courts. Businesses' distrust of tribal courts is not unique as outsiders often fear bias in foreign tribunals. Similarly, businesses are often concerned about a court's capacity to adjudicate complex disputes. Federal diversity jurisdiction was developed to allay fear of bias, and many states have developed business courts to address questions about court capacity. Tribes can overcome these issues by creating an intertribal business court (IBC). Tribes will be free to sculpt the IBC as they see fit. However, the IBC's intertribal nature will help reduce fears of bias, and an IBC's focus on business disputes will answer doubts about court capacity. An IBC will also make tribal law more accessible, further increasing confidence in this new tribunal. As businesses gain greater confidence in tribal legal institutions through the IBC, they will be more likely to operate in Indian country. Accordingly, the IBC could help to transform tribal economies.     

Why Underachievers Dominate Secret Police Organizations: Evidence from Autocratic Argentina

Autocrats depend on a capable secret police. Anecdotal evidence, however, often characterizes agents as surprisingly mediocre in skill and intellect. To explain this puzzle, this article focuses on the career incentives underachieving individuals face in the regular security apparatus. Low-performing officials in hierarchical organizations have little chance of being promoted or filling lucrative positions. To salvage their careers, these officials are willing to undertake burdensome secret police work. Using data on all 4,287 officers who served in autocratic Argentina (1975–83), we study biographic differences between secret police agents and the entire recruitment pool. We find that low-achieving officers were stuck within the regime hierarchy, threatened with discharge, and thus more likely to join the secret police for future benefits. The study demonstrates how state bureaucracies breed mundane career concerns that produce willing enforcers and cement violent regimes. This has implications for the understanding of autocratic consolidation and democratic breakdown.     

Why Are There So Many Lawyers in Congress?

Scholars have long sought to explain the overrepresentation of lawyers in Congress. This article draws on a wealth of data to explore the causes and consequences of this representational imbalance. While lawyers enter politics at higher rates, self-selection at best provides a partial explanation. Conditional on running, lawyers win at twice the rate of candidates from other backgrounds. Contrary to prevailing theories in the literature, voters do not reward candidates with backgrounds in law. Rather, lawyers win because of a sizable competitive advantage in early fundraising, owing in large part to their professional networks. This study has important implications for who runs for office, who wins, and the demographic composition of Congress. It also identifies an underexplored mechanism by which the US system of campaign finance sustains deep representational imbalances.     

Hierarchical,Three‐Dimensional Measurement System for Crime Scene Scanning

We present a new generation of three‐dimensional (3D) measuring systems, developed for the process of crime scene documentation. This measuring system facilitates the preparation of more insightful, complete, and objective documentation for crime scenes. Our system reflects the actual requirements for hierarchical documentation, and it consists of three independent 3D scanners: a laser scanner for overall measurements, a situational structured light scanner for more minute measurements, and a detailed structured light scanner for the most detailed parts of tscene. Each scanner has its own spatial resolution, of 2.0, 0.3, and 0.05 mm, respectively. The results of interviews we have conducted with technicians indicate that our developed 3D measuring system has significant potential to become a useful tool for forensic technicians. To ensure the maximum compatibility of our measuring system with the standards that regulate the documentation process, we have also performed a metrological validation and designated the maximum permissible length measurement error E_MPE for each structured light scanner. In this study, we present additional results regarding documentation processes conducted during crime scene inspections and a training session.     

Understanding Culture in Kentucky's Courtrooms: An Essential Tool for Management and Long‐Range Planning

Though the “old conventional wisdom” explained delay as the product of too few resources and staff, the “new conventional wisdom” posits court efficiency is largely due to the cultural makeup of the court. Adapting the Court Culture Assessment Instrument developed by Dr. Ostrom and colleagues at the National Center for State Courts, this research study examines judicial perceptions of culture in the Kentucky Court of Justice general and family circuit court. Results indicate circuit courts are predominantly autonomous but desire to be more structured (hierarchical). In addition, bivariate analyses showed a significant, but weak, inverse relationship exists between perceptions of a predominantly hierarchical culture orientation and the presence of delay. In other words, judges who perceived their circuit to be predominantly hierarchical in nature were less likely to perceive delay as a problem.     

Surveillance and identity management: Migrant perspectives on UK Biometric Residence Permits

The identity card for foreign nationals - now known as the Biometric Residence Permit (BRP) - was first introduced in November 2008. Following the May 2010 UK general election, the newly formed Conservative-Liberal Democrat Coalition government announced that the scheme would not be extended to UK citizens. To date, over 300,000 BRPs have been issued to UK foreign nationals - a group of non-EEA migrants that include international students, visiting scholars and entrepreneurs. In this paper, we draw on findings from interviews conducted with policymakers, advocacy groups, Higher Education administrators and foreign nationals - between March and December 2010 - to highlight some policy issues arising from the continued roll-out of the BRPs to this migrant group. We conclude by arguing that, although interviewees raised few objections to the BRPs in principle, cardholders were concerned about being unfairly ‘targeted’ for additional surveillance and remained unclear about the true purpose of the BRP. We identify a number of areas for further policy development.     

A theory of entangled political economy, with application to TARP and NRA

The recent financial crisis has provoked a raft of contending claims as to whether the cause of the crisis is better attributed to market failure or political failure. Such claims are predicated on a presumption that markets and polities are meaningfully separate entities. To the contrary, we argue that contemporary arrangements create an entangled political economy that renders theorizing based on separation often misleading. Within this alternative framework of entangled political economy, we illuminate both the recent Troubled Assets Relief Program (TARP) and the New Deal??s National Recovery Administration (NRA).