Performance Federalism and Local Democracy: Theory and Evidence from School Tax Referenda

Federal governments are increasingly employing empirical measures of lower‐level government performance to ensure that provincial and local jurisdictions pursue national policy goals. We call this burgeoning phenomenon “performance federalism” and argue that it can distort democratic accountability in lower‐level elections. We estimate the impact of a widely publicized federal indicator of local school district performance—one that we show does not allow voters to draw valid inferences about the quality of local educational institutions—on voter support for school tax levies in a U.S. state uniquely appropriate for this analysis. The results indicate that a signal of poor district performance increases the probability of levy failure, a substantively large and robust effect that disproportionately affects impoverished communities. The analysis employs a number of identification strategies and tests for multiple behavioral mechanisms to support the causal interpretation of these findings.     

Networks and campaigns but not movements: collective action in the disciplining Chinese State

Popular protest, civil society organizing, and non-governmental organizations have become notable features in China’s socio-political development. A mounting body of research has documented both opening opportunity structures and remaining restrictions when it comes to collective action within the authoritarian state. However, given the wide range of definitions and interpretations that are at play in the literature, it can be difficult to distinguish between different forms of collective action and determine which actions represent actual movements. This article argues that a refocus towards the basic components that constitute movement action can provide more clarity and help explain the limitations, as well as the opportunities, that surround collective action within authoritarian states. To illustrate, the article studies the organizational growth, networking, and collective action that have occurred in connection with AIDS in China. It finds that political restrictions and other coordination challenges prevent the mobilization of actual social movements.     

Institutions,distributional concerns,and public sector reform

Abstract. As in otherWestern countries, a wave of reform has swept the Danish public sector. The record of these reforms is mixed and paradoxical; an ambiguous delegation of executive authority and radical privatization have been successfully implemented, while other measures, especially contracting out and user democracy or the introduction of greater choice, turn out to have failed. The paper argues that this experience offers two general lessons. First, shortterm costs and benefits are decisive to those who enact and implement public sector reform. Second, institutional factors specific to each type of reorganization have a major impact on the political distribution of costs and benefits.     

Do high taxes lock-in capital gains? Evidence from a dual income tax system

The purpose of this paper is to study whether investors’ willingness to realize capital gains falls when the marginal tax rate on capital gains is raised. We use a rich register-based panel data set covering almost 8% of the Swedish population. The results indicate that a 10% increase in capital gains tax rate reduces the number of realizations of capital gains with 8.7% and the realized amount, given the decision to realize, with 1.9%. In addition, we find that wealthy individuals seem to respond more to changes in capital gains tax rates than less-wealthy.     

Political and public acceptability of congestion pricing: Ideology and self‐interest

Studies of the “stated preferences” of households generally report public and political opposition by urban commuters to congestion pricing. It is thought that this opposition inhibits or precludes tolls and pricing systems that would enhance efficiency in the use of scarce roadways. This paper analyzes the only case in which road pricing was decided by a citizen referendum on the basis of experience with a specific pricing system. The city of Stockholm introduced a toll system for seven months in 2006, after which citizens voted on its permanent adoption. We match precinct voting records to resident commute times and costs by traffic zone, and we analyze patterns of voting in response to economic and political incentives. We document political and ideological incentives for citizen choice, but we also find that the pattern of time savings and incremental costs exerts a powerful influence on voting behavior. In this instance, at least, citizen voters behave as if they value commute time highly. When they have experienced first‐hand the out‐of‐pocket costs and time savings of a specific pricing scheme, they are prepared to adopt freely policies that reduce congestion on urban motorways. © 2010 by the Association for Public Policy Analysis and Management.     

“I (can) see myself… But what for?” On Live Camera Feeds in Courtrooms (from the Perspective of Witnesses)

The paper’s aim is to present and critically discuss a peculiar practice noticed and studied in courtrooms in the Lower Court in Kraków, Poland. In courtrooms where different hearings take place, two cameras are installed on the wall or on the stand near the judge’s bench. One camera is aimed at the center of the courtroom, where non-professional participants such as witnesses or plaintiffs stand while being questioned by judge. The second camera’s view is more general—it covers the rest of the courtroom, including the benches for plaintiffs, claimants, defendants, and their legal representatives, and most notably the general public. Naturally, the mere presence of cameras in the modern courtroom is not surprising. What raises some questions is the presence of TV screens in the Kraków Lower Court’s courtrooms (and in Poland’s courts in general), which display the feed from both cameras during the hearing. Consequently, people gathered in the courtroom, especially people questioned by the judge (such as witnesses), can see themselves “live” in the TV screen. Even without raising the subtle details and differences between individual courtrooms, the system of displaying, in real time, live video feeds from a courtroom into the same courtroom begs for more detailed, critical analysis. For instance, one should address the system’s (presumably intended) functions (e.g. transparency, behavior control, and correction of time perception) and the real consequences for the dynamics during hearings, which are not assumptions or hypotheticals. The paper distinguishes the issues connected with the system and addressees them through the perspective of witnesses who participate in the hearings, using the collected opinions of witnesses.

     

Investigating Legal Consciousness through the Technical Work of Elite Lawyers: A Case Study on Tax Avoidance

Since the 1990s, legal consciousness has been amply used by sociolegal scholars to better understand the everyday lives of ordinary people, with a strong focus on vulnerable or impoverished people. This article argues that legal consciousness, with some methodological adjustments, could lend itself to the study of the rich and powerful by investigating both the technical work of their lawyers and how that work shapes our broader legal culture. To illustrate this point, this article takes tax avoidance as a case study. Drawing on materials revealed by a recent tax scandal, it suggests that current difficulty in tackling the problem of tax avoidance rests on uneven access to the cultural repertoires related to legal technique and legal innovation, which fosters the tax‐avoidance narrative's ambiguity.     

Mass murders in Germany – classification of surviving offenders based on the examination of court files

Personality, psychopathology, and motives of 44 surviving offenders committing mass murder in Germany over 25 years (1984–2009) were analyzed using court files and psychiatric expertises. Initially, 123 mass murders in Germany were detected in the time period 1980–2010 (inclusive deceased offenders). Using a data entry form based on ViCLAS (Violent Crime Linkage Analysis System), we categorized the 44 surviving mass murderers into three prototypes using the ‘TwoStep Cluster’-method (separation of the offenders in different groups depending on their similarity of specific items): 1. Narcissistic or aggressive men suffering from addiction or affective disorder, committing mass murder out of rage/hate when being intoxicated by alcohol, 2. Psychotic offenders with schizophrenia and comorbid substance abuse. 3. Aggressive, narcissistic or anxious adolescents, half of them suffering from affective disorder or ADHD, committing mass murder out of rage/hate. Not included are such events where the offenders died and therefore no court files or psychiatric expertises were available. Classification and subtyping of the offenders’ personalities and psychopathological conditions might help to improve the chances for an early detection of persons at risk.     

Verwaltungsverfahren,Rechtsanwalt als Verhandlungsleiter

Es ist unzul?ssig, dass der Bürgermeister in einem Verwaltungsverfahren einen Rechtsanwalt zum Verhandlungsleiter bestellt. Der Umstand, dass der Bürgermeister w?hrend der ganzen Verhandlung anwesend ist, kann die unzul?ssige Verhandlungsführung durch den Rechtsanwalt nicht sanieren.     

Rauchverbot in Lokalen: Begriff des "Raumes" in § 13a TabakG

Nur ein Raum, der allseitig, von der Decke bis zum Boden von festen W?nden (sei es auch aus Glas) umschlossen ist und mit einer Türe geschlossen werden kann, kann einem "Raum" nach § 13a Abs 2 TabakG entsprechen. Eine bauliche "Trennung" blo? durch Unterbringung von Raucher- und Nichtraucherbereichen in unterschiedlichen Gescho?en, ohne dass eine bauliche Abtrennung des Raucherraumes von den übrigen Bereichen des Betriebes besteht, entspr?che auch bei Vorhandensein von getrennten Lüftungsanlagen dem Erfordernis des § 13a Abs 2 TabakG nicht.