Interagency bargaining and international negotiation: Lessons from the open skies treaty talks

Internal bargaining among government agencies has a direct effect on the formal external negotiation, particularly with regard to the flexibility of the negotiators and their ability to reach agreements. This article illustrates how interagency bargaining within the U.S. and Soviet governments affected the negotiation of the 1992 Open Skies Treaty between the North Atlantic Treaty Organization (NATO) and the former Warsaw Pact.He is currently directing a research project at the center on the proliferation of chemical and biological weapons.     

THE CUSTOMER IS SOMETIMES RIGHT: THE ROLE OF CUSTOMER VIEWS IN MERGER INVESTIGATIONS

Antitrust enforcement officials and practitioners generallyagree that customers should have a prominent role in the mergerreview process. The question of the appropriate level of reliancethat competition authorities and courts should give to customertestimony has been the subject of considerable debate sincethe Arch Coal and Oracle decisions. This paper contains a comprehensivediscussion of the use of customer testimony throughout the U.S.merger review process, from the initial merger notificationfiling to injunction proceedings in federal court. We discussthe benefits from and problems with the use of customer testimony,including how these problems have led to litigation losses forthe U.S. antitrust authorities. What is the appropriate roleof customer testimony and when is it most probative? We contendthat customers can provide investigators and judges with informationregarding several relevant issues in an acquisition, includingindustry structure, geographic and product demand substitution,and acceptance of potential market entrants. In contrast, customerswill have considerably less information relevant to the likelihoodof entry, the extent of any merger-specific efficiencies, andthe validity of a failing firm defense. They will almost neverbe qualified to offer legal conclusions, such as the propermarket definition or likely competitive effects of a proposedmerger. We conclude that courts have generally remained consistentin their reliance on customer testimony, including in the ArchCoal and Oracle cases, and that customer testimony, despiteits limitations, should and will continue to be important ateach stage of the merger review process.     

Red Tape: Developing and Validating a New Job‐Centered Measure

Red tape studies typically focus on burdensome rules that have negative effects on organizations, as perceived by managers. The one‐item general red tape scale is representative of this approach. However, scholars have called for improved measures that address the scale's shortcomings. This article introduces a new measurement scale that features (1) red tape as a two‐dimensional construct that includes compliance burden and lack of functionality and (2) a job‐centered approach that measures red tape as experienced by employees in their jobs rather than more generally in the organization. A set of survey questions derived from interviews with government employees was validated using data from 1,203 government employees. The findings indicate that the two‐dimensional job‐centered red tape scale is reliable and valid. The authors conclude that this measure can improve research and be used by managers for a “quick scan” to detect the location and severity of red tape.     

Police interviews with suspected child sex offenders: does use of empathy and question type influence the amount of investigation relevant information obtained?

The use of the criminal justice system to force offenders to receive psychological treatment is one of the most controversial aspects of service provision for offenders. Coerced treatment needs to be distinguished from pressured treatment, both having objective and subjective dimensions. In this paper some arguments for and against coerced offender rehabilitation are discussed. We suggest that coercing offenders into attending rehabilitation programmes (or placing legal pressure on them to attend) is unlikely by itself to lead to poorer outcomes. Rather, the individual's perception of coercion will be more influential in determining how an offender approaches treatment. Even when offenders perceive they are being coerced, it is likely that pre-treatment anti-therapeutic attitudes can change over the course of a programme, such that therapeutic gains (risk reduction) can occur. Coercion and its effects on treatment engagement and rehabilitation outcomes require further empirical research and conceptual analysis.     

The tax-welfare mix: explaining Japan's weak extractive capacity

Abstract

Despite having the highest level of public debt in the Organisation for Economic Co-operation and Development (OECD), higher than Greece or Italy, Japan has one of the lowest aggregate tax burdens of the advanced industrial democracies. This paper asks why Japan, once described as a strong developmental state, has had such a weak extractive capacity, an inability to raise revenues to confront deficits and public debt? In contrast to the existing explanations that focus on political institutions, partisan preferences, or economic globalization, this article argues that Japan's ‘tax–welfare mix’ – the combination of taxes and redistributive welfare polices – undermined the state's long-term capacity to secure adequate tax revenue. More than just a source of revenue, taxes can be used directly to achieve redistributive goals, such as targeting low taxes and exemptions to specific groups. This study shows how Japan's tax–welfare mix diminished its extractive capacity through three mechanisms: the political lock-in of a redistributive social bargain struck around low taxes, the timing and sequencing of its tax policy and welfare development, and the erosion of public trust, which undermined tax consent. Beyond offering a new theory of extractive capacity, the tax–welfare mix explains aspects of Japan's tax structure that defy existing explanations and contributes to our understanding of the capitalist development state by highlighting the redistributive political function of tax policy and its long-term impact on state capacity.