Tort Reform and Physician Sanctioning

This article examines the relationship between changes in tort rules and the sanctioning of physicians by state medical boards. It compares the sanctioning rates for doctors in states that have passed tort reforms with the rates in states that have not made legislative changes. It concludes that alterations to the joint liability rule may have increased sanctioning, while the addition of pre–trial screening panels and regulation of attorney fees may have limited the number of physicians who receive punishment.     

Beyond Institutional Capacity: Political Motivation and Parliamentary Behaviour in the Early Warning System

The Early Warning System gives national parliaments the right to intervene in European Union policy-making. This article investigates their incentives to submit reasoned opinions. It analyses the reactions of 40 parliamentary chambers to 411 draft legislative acts between 1 January 2010 and 31 December 2013 by ReLogit models. The article argues that, beyond institutional capacity, political motivation explains cross-chamber and inter-temporal variation. Higher levels of party political contestation over EU integration have a positive effect, but greater party dispersion on the left–right dimension negatively affects submissions. Furthermore, salient and urgent draft legislative acts incentivise parliaments to become active in the Early Warning System. Finally, some findings suggest that minority governments and economic recession represent positive conditions for unicameral parliaments and lower chambers to submit reasoned opinions. The findings are discussed with reference to the role of national parliaments in EU democracy.     

The Politics of Adoption: Child Rights in the Brazilian Setting

This paper, centered on adoption policy in Brazil, asks to what extent the open–ended principles apparent in international child rights accords, filtered down through different national laws, adjust to local realities. Ethnographic data on child circulation practices in urban favelas is compared with specific clauses in the 1990 Brazilian Children's Code, as well as with adoption policies in North America, to question the code's way of legislating which children can be placed for adoption, on what terms they should be placed, and who has the power to place them.     

An Evaluation of Leadership as a Response to Agency Failure in the Public Sector

An alternative to contractual solutions to agency problems is suggested in the literature on leadership in which leaders are often claimed to be able to steer historical processes in the direction they intend through the distinctive influence they have on the intrinsic motivation of their followers. We evaluate Casson's (1991) agency–theoretic model of leadership as 'moral manipulation' which under certain conditions can be exercised at lower agency cost than monitoring. We then make a case for conceiving leadership as the development of culture of passion to advance the leader's quest through the engagement of followers in 'interaction rituals' in which their passion is either recharged or their lack of passion exposed. The impact the emergence of such cultures can have on the policy–making community is examined using the British and New Zealand experiences and a case is made for the preservation of a counter–culture of 'public interest' in the policy advisory ranks of the civil service.