Measuring the quality of election administration

How do we distinguish between a ‘genuine’, ‘free and fair’, or ‘legitimate’ election and an election that is something less? In this article, we offer an answer to this vexing question: the Election Administration Systems Index (EASI). EASI is a practical, transparent, and sustainable tool for measuring the quality of elections in the developing world. The following pages describe the current limitations in measuring election quality, detail the EASI approach, and provide a comparative analysis of the results of its pilot implementation. EASI scores are drawn from a survey of experts on elections in the target country following a recent nationwide election. The analytical framework is comprised of three electoral dimensions: participation, competition, and integrity of the process. We also divide these dimensions temporally according to the electoral cycle: either pre-election, during the election, or post-election. The final product is a set of six primary scores displayed across dimension and time. By aggregating the survey data in this fashion, we provide for a nuanced assessment of an election by each dimension and across the cycle. As our pilot results demonstrate, EASI is a diagnostic tool for identifying electoral strengths and weaknesses and serves well for comparative assessments.     

Analysing legislative performance: a plebeian perspective

Legislative performance can be understood in terms of results (the quality of the laws enacted) or in terms of the literal performativity of legislators (the quality of their appearances on the public stage). This article examines two different ethical frameworks for evaluating legislative performance in this latter, performative sense: a deliberative model, which restricts just political performances to deliberative exchanges among citizens, and a plebeian model, which expands just political performances to include those where political and economic elites endure special burdens as a condition of their elevated status. Given certain drawbacks of the deliberative model and parallel advantages of the plebeian model, I endorse the plebeian approach to political performativity. The article concludes by elaborating one of the key contrasts between the two models with regard to political communication, namely the plebeian model's embrace of a distinct form of legislative disruption. Beyond the way deliberation itself disrupts non-communicative forms of power and beyond the way protests physically disrupt governmental processes, plebeianism invokes a third kind of disruption – non-deliberative speech – intended to rebuke and humble leaders rather than reach mutual understanding about issues.     

Novel technique for the combined recovery, extraction and clean-up of forensic organic and inorganic trace explosives samples.

This paper describes a simple processing and analysis scheme for explosives trace swab samples which deals both with organic and inorganic materials. Swabs, wetted with ethanol or ethanol/water mixture, were extracted with ethanol/water mixture. The extract was passed directly through a simple column containing an acrylonitrile/styrene copolymer adsorbent. The adsorbent retained common organic explosives, which were recovered with an efficiency of 30-50% as a relatively clean ethyl acetate solution. The concentrated ethyl acetate eluate was analysed using gas chromatography with chemiluminescence or mass spectrometric detection. The unretained inorganic ions and sugars, which were recovered with generally high efficiency as an ethanol/water solution, could be directly analysed using ion chromatography and/or capillary electrophoresis. Minor difficulties encountered in the analysis of sugars, fluoride and phosphate were examined.     

A symptom level examination of the relationship between Cluster B personality disorders and patterns of criminality and violence in women

The psychometric properties and structure of the Cluster B Personality Disorder criteria (Antisocial, Borderline, Histrionic, and Narcissistic) are examined in a sample of 261 female inmates using a self-report screen followed by a full diagnostic interview. The results of the structural analyses in this sample demonstrated good internal consistency and convergence, but poor discriminant validity between disorders. An exploratory factor analysis found that the structure of these disorders was best accounted for by a four-factor solution that paralleled the Diagnostic and Statistical Manual (DSM-IV-TR; APA, 2000) classification scheme with some significant and notable exceptions. Using the factor scores generated from the factor analysis, the personality profiles of the women were compared with several behavioral indices, including instant offense, institutional infractions, and self-report violence and victimization within the prison. Of particular importance was the consistent relationship observed between narcissistic personality traits and threatening and violent behavior within the prison combined with the impulsive but less malignant presentation of antisocial personality traits among this sample of women. Results are discussed as they inform our understanding of the structural integrity of the four Cluster B diagnostic categories and the relationship of these personality disorders to different types of criminality and violence.     

Does Dworkin Commit Dworkin's Fallacy?: A Reply to Justice in Robes

In an article entitled ‘Dworkin's Fallacy, Or What thePhilosophy of Language Can't Teach Us about the Law’,I argued that in Law's Empire Ronald Dworkin misderived hisinterpretive theory of law from an implicit interpretive theoryof meaning, thereby committing ‘Dworkin's fallacy’.In his recent book, Justice in Robes, Dworkin denies that hecommitted the fallacy. As evidence he points to the fact thathe considered three theories of law—‘conventionalism’,‘pragmatism’ and ‘law as integrity’—inLaw's Empire. Only the last of these is interpretive, but each,he argues, is compatible with his interpretive theory of meaning,which he describes as the view that ‘the doctrinal conceptof law is an interpretive concept’. In this Reply, I arguethat Dworkin's argument that he does not commit Dworkin's fallacyis itself an example of the fallacy and that Dworkin's fallacypervades Justice in Robes just as much as it did Law's Empire.     

Lord of Your Domain, But Master of None: The Need to Harmonize and Recalibrate the Domain Name Regime of Ownership and Control

The world has seen three waves of property. The first hark backcenturies and relate to ‘real and personal property’such as land and chattel, also known as immovable and movableproperty. The second gained recognition around the nineteenthcentury and relates to propertization of the ‘laboursof the mind’ or ‘intellectual property’. Thethird wave came within a much shorter period and starting togain recognition and it is what is known as ‘virtual property’.The law and policy-makers have had to surmount not only a steeplearning curve but also in some cases a foundation that is wroughtwith mistakes when it comes to the treatment that should begiven to virtual property. The Domain Name System (DNS) is thebest example of a form of virtual property that has given riseto challenges in law making and administration. The ‘landgrab’ of domain names in the World Wide Web (WWW) havegiven rise to a virtual tsunami of registrations and this hasled to the subsequent erection of levees in the form of a challengeregime. This paper will identify and consider the problems thatthe DNS is facing and suggest the changes that have to be madeto it in order for it to withstand the forces of what will bean increasingly rising sea of domain names on the WWW. This paper will begin with a look at the fissures in the seabedof the DNS by comparing how the management and policies relatingto domain name registration and challenge have shifted and divergedin different jurisdictions as well as by examining the inadequaciesof the original registration regime (ICANN) and challenge policy(UDRP). After identifying the problem, suggestions will be madeto resolve them in the best possible way, which require a revisitof the stakeholder and policy interests in the Internet andthe ownership and control of domain names that essentially functionas an important gateway to the WWW in order to rebalance theseinterests in an attempt to achieve greatest equilibrium. Amendmentswill be proposed to both the registration and challenge regimesas well as to the structure and hierarchy of domain name administrationwhich should be a globally coordinated effort just as the DNSis a common entryway to the global property that is the WWW.     

Evaluation of principal components analysis with high-performance liquid chromatography and photodiode array detection for the forensic differentiation of ballpoint pen inks.

Inks from seven black and eight blue ballpoint pens were separated by a high-performance liquid chromatography (HPLC) method utilizing a photodiode array detection (PDA). A classifier flowchart was designed for the chromatographic data based on the presence or absence of certain peaks at different wavelengths to qualitatively discriminate between the inks. The same data were quantitatively classified by principal components analysis (PCA) to estimate the separation between a pair of classes of ink samples. It was found that the black ballpoint pen inks were discriminated satisfactorily utilizing two-dimensional data of the peak areas and retention times at the optimum wavelengths. The blue pens were discriminated by analyzing the chromatographic data at four different wavelengths simultaneously with a cross-validated PCA. The results of this study indicated that HPLC-PDA coupled with chemometrics could make a powerful discriminating tool for the forensic chemist, especially when analyzing extensive and/or complex data.     

The Lion, the Dragon and the Wardrobe Guarding the Doorway to Information and Communications Privacy on the Internet: A Comparative Case Study of Hong Kong and Singapore - Two Differing Asian Approaches

Almost a decade ago, the electronic commerce revolution began,led by such companies as Amazon.com and Ebay.com. These companieshave grown into the internet business giants they are today,diversifying in the products they sell, the services they provideand the jurisdictions they conduct business in. However, asidefrom these rare examples, most medium and small internet-basedbusiness enterprises have grown with the dot.com bubble anddissolved when it burst mid-way through the decade. Now, atthe 10th Anniversary of Electronic Commerce, after we have seenthe dot.com way of doing business launch like a rocket and plungelike a comet, subsequently emerging into a more cautious, butno less potential, avenue of doing business, other challengesnow face the industry as a whole to retain and obtain customers.Internet users are becoming increasingly wary of online transactions.²The irony is that as internet users become technologically savvy,they also become more aware of the dangers which connectivityentails and this inhibits their online behaviour. Chief amongthese concerns, and second only to cybercrimes, is the maintenanceof privacy in the context of the protection of personal information,particularly from the unsavory elements trawling the cyberworld.For cyber-trade and the e-commerce market to grow, and for thecontinued efficiency and utility of the internet for G2C andB2C transactions,³ governments and industries must re-instillthe trust and confidence of internet users both in commercialand non-commercial interaction.⁴