An Intertribal Business Court

Few Indian reservations have any semblance of a private sector. Consequently, poverty and unemployment are major problems in much of Indian country. While there are many reasons why private enterprise is scarce in Indian country, one of the foremost reasons is businesses do not trust tribal courts. Businesses' distrust of tribal courts is not unique as outsiders often fear bias in foreign tribunals. Similarly, businesses are often concerned about a court's capacity to adjudicate complex disputes. Federal diversity jurisdiction was developed to allay fear of bias, and many states have developed business courts to address questions about court capacity. Tribes can overcome these issues by creating an intertribal business court (IBC). Tribes will be free to sculpt the IBC as they see fit. However, the IBC's intertribal nature will help reduce fears of bias, and an IBC's focus on business disputes will answer doubts about court capacity. An IBC will also make tribal law more accessible, further increasing confidence in this new tribunal. As businesses gain greater confidence in tribal legal institutions through the IBC, they will be more likely to operate in Indian country. Accordingly, the IBC could help to transform tribal economies.     

Inter-parliamentary relations in the United Kingdom: devolution’s undiscovered country?

Since 1997, the United Kingdom’s territorial constitution has undergone an immense process of change and has resulted in the establishment of separate legislatures and governments for the peoples of Scotland, Wales and, when Stormont is operational, Northern Ireland. These changes have spawned a whole series of relationships between the institutions of the devolved UK, at executive, legislature and civil service levels. However, while intergovernmental relations has been the subject of repeated debate, there has been little attempt to document and examine the way in which the UK’s four legislatures interact with one another, post-devolution. To the extent that these interactions, otherwise known as inter-parliamentary relations (IPR), have been the subject of scrutiny, it has been largely to bemoan their modest state and/or to suggest that stronger, albeit occasionally rather unelaborated, mechanisms be established. This article seeks to correct this deficit and provide a first step towards a clearer understanding of IPR in the UK, post-devolution. The article breaks the different levels of IPR down into three main strands: (1) parliament-parliament, (2) committee-committee and (3) official-official, and suggests that the main interactions that take place at each of these levels. Following this audit, the article concludes by highlighting the role that shared policy competence (a field that is set to grow with the UK’s withdrawal from the European Union) has played in driving IPR in the UK, post-devolution, and suggests some steps that may be taken to enhance IPR in the future.     

How Politicians Discount the Opinions of Constituents with Whom They Disagree

We argue that politicians systematically discount the opinions of constituents with whom they disagree and that this “disagreement discounting” is a contributing factor to ideological incongruence. A pair of survey experiments where state and local politicians are the subjects of interest show that public officials rationalize this behavior by assuming that constituents with opposing views are less informed about the issue. This finding applies both to well‐established issues that divide the parties as well as to nonpartisan ones. Further, it cannot be explained by politicians’ desires to favor the opinions of either copartisans or likely voters. A third survey experiment using a sample of voters shows that the bias is exacerbated by an activity central to representative governance—taking and explaining one's policy positions. This suggests that the job of being a representative exacerbates this bias.     

Are Some Citizens More Equal than Others? Evidence from a Field Experiment

The equal treatment of all citizens is one of the fundamental principles of good administrative practice. Nevertheless, there are growing numbers of media and scientific reports on unequal treatment by public administrations. This article examines the unequal treatment of citizens by gender and ethnic origin by means of a survey‐based field experiment in German local government. With the help of two vignettes and randomized assignment of names, responses to fake citizen requests by local governments are analyzed for speed, quality, and service orientation. The results show very limited discrimination effects. While there is no evidence for general ethnic discrimination, a more differentiated analysis indicates patterns of ethnic discrimination conditioned by gender.     

Do Constitutional Rights Make a Difference?

Although the question of whether constitutional rights matter is of great theoretical and practical importance, little is known about whether constitutional rights impact government behavior. In this article, we test the effectiveness of six political rights. We hypothesize that a difference exists between organizational rights—most notably, the rights to unionize and form political parties—and individual rights. Specifically, we suggest that organizational rights increase de facto rights protection because they create organizations with the incentives and means to protect the underlying right, which renders these rights self‐enforcing. Such organizations are not necessarily present to protect individual rights, which could make individual rights less effective. We test our theory using a variety of statistical methods on a data set of constitutional rights for 186 countries. The results support our theory: Organizational rights are associated with increased de facto rights protection, while individual rights are not.     

See No Evil,Hear No Evil? Assessing Corruption Risk Perceptions and Strategies of Victorian Public Bodies

This paper critically examines qualitative survey data from 36 Victorian public sector bodies on their perceptions of corruption risks, and strategies to mitigate these risks, as well as the integrity mechanisms in place. The findings indicate that even though corruption does not seem to be prevalent in these bodies it is not on their radar either, though fraud prevention was significantly present. The paper identifies international best practices of integrity management and inculcation of public service ethos in developed countries, and stresses three vital elements or pillars that combine both the ‘values’ and ‘compliance’ based approaches. These pillars are as follows: (1) specific corruption prevention programs and strategies that are additional to but complement existing anti‐fraud programs; (2) targeted anti‐corruption training, both for employees and for the public; and (3) effective leadership engagement and commitment to an ethical culture (Tone at the Top).     

Searching for a New Politics: The New Politics Movement and the Struggle to Democratize the Democratic Party, 1968–1978

By the late 1960s, the Democratic Party had fallen into crisis. Vietnam, urban riots, and declining electoral fortunes marked a crossroads in the history of the party, raising questions about the meaning and trajectory of postwar liberalism. Amid the political chaos and economic crisis of the 1970s, a distinct political tendency running through the civil rights, feminist, labor, and antiwar movements demanded a new politics. The New Politics movement attempted to reform and realign the Democratic Party to the left. Reformers perceived party rules and structure as constraining progressives’ influence on public policy. Their project to democratize the Democratic Party began in the wake of the 1968 party crisis, and it ended ten years later with the failure to compel a sitting Democratic president and Democratic Congress to implement the party’s program for full employment. While faced with organized intraparty resistance, the failure of the New Politics movement hinged on the contradictory consequences of its struggle to open the party. The successes and failures of the New Politics movement suggest the limits and possibilities confronting progressive forces in the United States today. The New Politics episode can help clarify the goals and tactics involved in realigning American politics in a more progressive direction.     

Going global? Micro-philanthrocapitalism and Danish private foundations in international development cooperation

During the past decade, academic attention to the role of private foundations in international development cooperation has greatly intensified. The largest foundations have increased their global giving and moved towards strategic social impact, but we do not know if such processes have also occurred at a more micro level. This article explores this issue by studying the international activities of Danish foundations. It finds that grant-making on global issues is increasing, and that several foundations have undergone transformations in their approach to grant-making, making them surprisingly similar to established development organisations.