The quality of democracy: Mass‐elite linkages in the Czech republic

This article argues for the importance of more focused scholarly attention on the development of mass‐elite linkages ‐ and in particular those linkages that transcend the electoral connection ‐ for understanding democratic consolidation, drawing on the post‐communist experience of the Czech Republic as a case study. Starting with the government's loss of its majority in the 1996 Czech elections amidst favourable economic conditions, we argue that this electoral result goes beyond the response to policy priorities to point to larger deficits in the development of channels of access and communication in the policy‐making process. Such deficits, characteristic of the post‐communist experience regionally, are not merely legacies of the stunted civil societies of the communist period, but also reflect a post‐communist style of governance that may itself discourage regularized citizen and associational input. As the episodic electoral connection alone cannot bear the weight of democratic consolidation, the risk is a pattern of mass‐elite linkages that creates a punctuated politics of elections and street demonstrations.     

A Positive,Communitarian Right to Security in the Age of Super-Terrorism

Post-9/11, and especially with the dramatic rise of Islamic State in Iraq and the Levant (ISIL), the author advocates a collective right to security. Plotting a course through state absolutism and liberalism, one finds communitarianism as a philosophy to support this right to security. The communitarian right to security is based on an interpretation of European human rights law, particularly positive duties of the state, to protect the rights to life of individuals from violations by non-state actors such as suspected terrorists. But for reasons of practical enforcement, limitations to the exercise of the right are also articulated.     

Party Servants,Ideologues or Regional Representatives? The German Länder and the Reform of Federalism

This article considers recent attempts to reform German federalism, the failed 2004 reform, and the reforms agreed in 2006 and 2009. It compares partisan, ideological and territorial factors which contribute to an understanding of reform, finding that all three have a role in explaining actors’ views of reform proposals. Two other claims are developed: that in some aspects of the reforms, a division between ‘generalist’ and ‘subject specialist’ politicians became apparent; and that a decisive change between 2004 and 2006 was the formation of a grand coalition at a federal level, which paved the way for agreement upon reform proposals.     

A view from below: industrial re-structuring and women's employment at four Russian enterprises

The labor market in Russia has changed significantly during the last decade. This transformation has resulted in notable changes in employment and unemployment patterns, and in labor mobility, flexibility and insecurity. One critical question is whether these changes signal important differences in labor market outcomes by gender. The approach taken here is to focus on the Russian industrial enterprise. In our study, we find that women experience different internal labor market opportunities and external job prospects than men and those differences in experience are reflected in the actual hiring practices at our firms, with men substituting for women, and women finding it particularly difficult to negotiate the increasingly closed labor market in Russia. At the same time important differences persist among women, differences that do not exist for men.     

Toward Rational Criminal HIV Exposure Laws

This article examines criminal HIV exposure statues that address undisclosed exposure through consensual sexual activity. Twenty-seven U.S. states have adopted some form of HIV exposure statute. Thirteen of these statutes specifically address exposure through sexual activity, while another eleven statutes could be applied to exposure through sexual activity, while another eleven statutes could be applied to exposure through consensual sexual interactions. Although the penalties for breach of these laws are often severe, the risk of actual harm posed by the many of the behaviors prescribed is minimal and in some cases virtually nonexistent. After an overview of the various types of U.S. criminal HIV exposure statutes and discussion of the risk of HIV transmission through the various sexual activities addressed in the laws, the authors highlight the tenuous relationship between proscribed activities and actual risk of virus transmission. The authors address this limitation in the law by offering a framework for the evaluation and construction of HIV exposure statutes that considers not only the intent of the HIV-positive actor but also the risk that his or her conduct poses to others.     

Expert Testimony on Psychological Injury: Procedural and Evidentiary Issues

This article introduces psychologists to aspects of the legal process most pertinent to their role as expert witnesses in civil litigation. It summarizes the role of psychological evidence in the adjudication of common law tort claims, the structure of the court system, and the stages of the litigation process. It also explains the various roles a psychological expert may play during litigation and the implications of those roles for expert confidentiality and disclosure. The article then provides an overview of legal policy governing the admissibility of psychological expertise, especially as admissibility is affected by the “Daubert” standard applied in most North American courts.     

Assessing law enforcement preparedness to address Internet fraud

Recent societal concern regarding computer crime was well documented in the research literature. To date, however, modest research addressed how large, local police and sheriff's departments confront Internet fraud. Using data collected from surveys distributed to the seven hundred largest police- and sheriff's departments, the present article addresses law enforcement: (1) preparedness to enforce Internet fraud crimes; (2) perceptions of Internet fraud; (3) cooperative policing efforts; and (4) Internet fraud information dissemination practices. Among other things, results suggested that individuals within these departments believed Internet fraud was problematic, although they lacked the resources to properly address the problem. These results are discussed as they relate to the organizational design of law enforcement agencies and their potential to adapt to innovative crimes. Suggestions are offered for a more effective approach to confronting Internet fraud.