Vetospieler und die Durchsetzbarkeit von Side‐Payments

Once an agreement is signed at the international level, it can no longer be modified during the domestic decision‐making process. However, it is possible to compensate potential veto players by a purely domestic legislative act. Under which circumstances do such side‐payments make sense, and what is the role played by political strategies? In order to be compensated, an actor needs to be considered a veto player. Furthermore, the defenders of the international agreement must have a sufficiently large interest in its ratification to be willing to offer compensations. These basic conditions fulfilled, the existence or not of side‐payments depends on the strategic interactions between the political actors. In the last ten years, Swiss citizens had to vote twice on an international agreement establishing free movement of persons. In both cases, the unions asked for flanking measures; while they failed in their attempt in the context of the European Economic Area, they succeeded in the case of the bilateral agreements. This difference in outcome is all the more surprising since in both cases the unions were in a veto player position and the export oriented economy had a strong interest in the ratification of the agreements. This article explains the different fate of the unions' claims by stressing the role of changes in actor strategies. The credibility of the threat to block the decision‐making process and the succession of the game sequences are in this perspective of paramount importance. By using strategically the veto threat, domestic groups such as unions are able to benefit from internationalisation.     

Marketing political soap: a political marketing view of selling candidates like soap,of electioneering as a ritual,and of electoral military analogies

This paper examines three common political expressions and ideas from a marketing perspective. First, the origins of the ‘selling candidates like soap’ expression are traced and it is argued that, rather than being ‘sold’ like a product, candidates are instead ‘marketed’ like a service provider such as a real estate agent. Traditional campaign rituals have a legitimate marketing function if electors, and not just political actors, are meaningfully incorporated and military analogies in elections have increasing relevance given the classic military strategy used by commercial marketers. Together, these examples suggest that the application of marketing to politics may require the rethinking of ingrained electoral jargon and concepts. Copyright © 2003 Henry Stewart Publications     

The Indigenous Land Corporation: An Analysis of Its Performance Five Years On

The Indigenous Land Corporation (ILC) is a relatively new Commonwealth statutory authority which commenced its operations on 5 June 1995. It is new not only in the sense of its short existence, but also in the unique framework enshrined in its enabling legislation that aims to provide improved outcomes in Indigenous land acquisition and land management. This article explores this unique policy and operational framework, contrasts it with past Commonwealth policies and practices for Indigenous land acquisition and management, and assesses the ILC's performance in its initial five years. The article argues that notwithstanding this new framework, the potential for future success will lie in the ability of the ILC to substantially address long-standing issues in the management of the Indigenous estate which now comprises in excess of 15 percent of Australia.     

Bringing in the grassroots: transitional justice in Zimbabwe

Since 2008, the Government of Zimbabwe, the international community and non-governmental organisations have all advocated the need for transitional justice in Zimbabwe. Yet, few initiatives have emerged. This article suggests that local communities could be enabled to help fill this policy vacuum. The results of a pilot research project are presented, where 1,400 victims of violence were engaged. The data collected highlights a clear demand for justice at the grassroots, but an educational input is necessary and transitional justice capacity needs to be built. Currently unstructured and unorganised opinions on how to cope with past violence need to be translated into practical programmes of action. The article asserts that such leadership, stimulated from the grassroots, represents a potential strategy capable of challenging the existing policy vacuum. Even if this challenge is initially rebuffed, it is contended that such an input still remains vital for the longer term. An opportunity currently exists to deepen an understanding of transitional justice in Zimbabwe which will enable community groups to initiate and respond to Zimbabwe's transitional justice processes when the national political environment becomes more receptive to this need.     

And justice for all? Investigators’ perceptions of punishment for fraud perpetrators

Despite extensive financial losses and other indicators of harm, the American public and legal professionals have historically been ambivalent toward white-collar crime. Recent research demonstrates that public perceptions of white-collar crime and attitudes toward the punishment of white-collar offenders have become more punitive. Along these lines, a neglected area of research concerns those individuals who routinely face white-collar crimes: fraud investigators. Using data collected during the height of recent corporate scandals (2001–02), this study examines the perceptions of 663 fraud investigators and extends prior research by considering the influence of investigator characteristics, organizational context (i.e., size, setting, internal controls, and resource capacity), case characteristics (i.e., offense type, financial loss, and sanction), and offender characteristics on legal professionals’ general and specific punishment perceptions. Results indicate that organizational resources increase the likelihood of both outcomes. Additionally, the correlates of general and specific punishment perceptions are found to differ: government agency context influences general but not specific perceptions. Comparatively, the perception that fraud is increasing and a sanction that includes incarceration each have a significant, positive influence on specific punishment perceptions. Implications of these findings for future research and policy are discussed.

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Modeling the Deviant Y in Criminology: An Examination of the Assumptions of Censored Normal Regression and Potential Alternatives

Many dependent variables of criminological interest have censored distributions. Investigations that use such variables increasingly have turned to the Tobit model, a censored regression technique that is specified based on a latent dependent variable. When used under suitable circumstances, this model provides appropriate estimates. This paper discusses key assumptions of the Tobit model. It then highlights the risk of violating these assumptions and reviews alternative flexible parametric and semiparametric modeling techniques, currently used sparingly in criminology, which researchers may find helpful when assumptions regarding the error terms are untenable. By using an empirical example focused on sentencing outcomes and comparing estimates across analytic methods, this study illustrates the potential utility of simultaneously estimating the Tobit model along with some alternatives.

DNA Preparation from Sexual Assault Cases by Selective Degradation of Contaminating DNA from the Victim

Abstract:  The standard method to purify sperm DNA from vaginal swabs taken from rape victims is to selectively digest the victim's epithelial cells to solubilize the victim's DNA, and then separate the soluble DNA from the intact sperm by centrifugation. A different approach to removing the soluble victim's DNA is to selectively degrade it using a nuclease, DNase I. DNase I reduces the amount of soluble DNA by over 1000-fold, while having virtually no effect on the sperm DNA remaining in the sperm head and inaccessible to the enzyme. Nuclease inactivation and sperm lysis then yield a soluble, pure male DNA fraction. An aliquot of soluble DNA is removed prior to nuclease addition to provide the victim's fraction. Vaginal swabs taken at defined time points following consensual sex and taken from rape victims were processed using the nuclease method or the standard method and the nuclease method gave superior short tandem repeat profiles.