Restraining the Court: Assessing Accounts of Congressional Attempts to Limit Supreme Court Authority

We propose a multilevel account of legislative Court curbing in order to assess existing explanations as to why such proposals come about. We argue that although Court curbing is commonly seen as the result of institutional conflict between Congress and the Supreme Court, it is best understood as a product of three interrelated factors: the individual motivations on the part of lawmakers, the partisan context in which they operate, and institutional disagreements between Court and legislature. We find evidence that micro‐level factors offer an important insight into Court curbing that institution‐focused explanations alone cannot.     

Monetary Penalties and Noncompliance with Environmental Laws: a Mediation Analysis

Studies that assess the impact of monetary penalties on environmental compliance have yielded mixed results. While some studies suggest fines deter future violations other studies find that fines do little to encourage compliance. This longitudinal study examines the impact of the dollar amount of fines on compliance with environmental laws among major facilities in the state of Michigan (n?=?37). Results from a mediation analysis suggest that while noncompliance may slightly decrease immediately following a fine there are few changes to a firm’s long term compliance behavior. Furthermore, analyses of these data suggest that total fines levied prior to the most recent fine actually have a positive relationship with noncompliance. We suggest these results imply a decaying effect of deterrence that is perhaps connected to the organizational structure of the treadmill of production.     

The President's Commission and Sentencing,Then and Now

The proposals made in 1967 by the U.S. President's Commission on Law Enforcement and Administration of Justice on sentencing were sensible, humane, well informed, and ambitious. They were premised on an assumption that indeterminate sentencing, then ubiquitous, would long continue, and sought to remedy its weaknesses and build on its strengths. That assumption proved wrong. Within a decade, indeterminate sentencing and its rehabilitative aspirations lost credibility and legitimacy. Within two decades, American policies incorporated features such as determinate sentences, lengthy prison terms, and mandatory minimum sentence laws that the Commission explicitly repudiated. The Commission's influence is evident in successful sentencing reform initiatives of the 1970s and early 1980s, some of which survive in a few places in compromised forms. Many of the Commission's proposals to make sentencing fairer, more consistent, and less vulnerable to influence by political considerations and public emotion are as germane today as they were in 1967.     

The differential demand for indirect rule: evidence from the North Caucasus

Indirect rule is one of the means that central authorities have long employed in hopes of defusing communal conflict and civil war in multicultural societies. Yet very little is known about the appeal of indirect rule among the ruled themselves. Why do people in some places demand more indirect rule and local autonomy, whereas others seem content to be governed directly by rulers of an alien culture? This is a crucial question with important implications for determining the form of governance that is most likely to provide social order in culturally heterogeneous societies. Although much attention has been given to consider the relative costs and benefits of direct versus indirect rule for the central authorities, the other side of the coin – namely, the variable demand for indirect rule among the members of distinctive cultural groups – has hardly been examined with systematic empirical data. This paper presents a theory of the differential demand for indirect rule and offers an initial test of its principal empirical implications using original micro-level data from the North Caucasus region of Russia. The theory's core claim is that the middle class should express the greatest demand for indirect rule, while both the upper and lower classes should prefer more direct rule. The theory therefore predicts that there will be an inverse parabolic relationship between the demand for indirect rule and economic class. The findings are largely consistent with these theoretical expectations.     

Overcoming Constraints of State Sovereignty: global health governance in Asia

Abstract

In an increasingly globalised world effective international communicable diseases control requires states to embrace basic norms informing global health governance. However, recent international public health crises have shown that states continue to use national sovereignty to justify non-compliance with these norms. In this article we use three recent high-profile examples from Asia in which the tight hold of state sovereignty cut into the effective implementation of international communicable disease control efforts. Taken together, the three cases illustrate a wider trend in which states historically diminished in structural power or subject to imperialist intrusion contest the legitimacy of global governance initiatives if they are perceived to be another vehicle for the imposition of exogenous norms that do not reflect the values or goals of that state. In response to these challenges, three strategies are posited for how the actors involved in protecting public health might overcome the constraints of state sovereignty to more effectively address global public health threats created by the fluid movement of pathogens across borders.     

The Organization of Purchasing at German Universities: An Empirical Investigation

The objective of this article is two-fold: first, it studies how German universities organize their purchasing activities, and, second, it identifies patterns in the structure of the purchasing function and analyzes factors that influence the design of purchasing. For this purpose, the article develops an analytical framework based on ideas of contingency and organization theory and presents the results of an empirical study which analyzed the purchasing organization of 65 German universities. The results of the study indicate that German universities use a medium level of centralization and specialization to organize their purchasing activities, and that the purchasing process is highly formalized in most universities. As to influential factors of the structure of purchasing, the study indicates that the number of employees, the number of employees with purchasing-responsibility, the purchasing volume, and the number of students enrolled at the university influence the structural variables.