The myth of the corporation as a creation of the state

The general movement to joint stock enterprise could not take place until certain economic and legal changes had been effected … The legal change was the substitution of the law of corporations for the law of partnership in company affairs. Investors could then invest safely and full exploitation of the economic changes became possible … Out before the legal changes of 1844 and 1855. English law virtually prohibited joint-stock enterprise for ordinary trading and manufacturing purposes.¹     

Defendant-juror similarity and mock joror judgments

It was hypothesized that joror-defendant similarity would lead to greater leniency toward a criminal defendant when the evidence against that defendant was weak or inconclusive; but when evidence was strong, it was expected that this relationship would be reversed. In Study 1, religious similarity was found to be simply and positively related to evaluation of the defendant and leniency, a relationship unaffected by the strength of evidence. This pattern of results was attributed to (a) insufficiently strong evidence against the defendant and (b) the lack of anticipated jury deliberation, problems addressed in Study 2. In that study, when evidence was strong against the defendant, juror-defendant racial similarity did increase the likelihood of conviction, but only when jurors anticipated being in the racial minority in their jury. Implications of the findings for psychological theory and for voir dire were discussed.The authors wish to thank Howard Klein and Jane Stanfel for their assistance in data collection and analysis in Experiment 2, and the Editor and two anonymous reviewers for their suggestions on an earlier draft.     

The Implications of Elections for Federalism in Iraq: Toward a Five-Region Model

For most observers, Iraq's recent elections were an importantfirst step on the road to democratic normalcy. However, threerelated outcomes—the political marginalization of SunniArabs, the electoral gains made by Shi'a religious parties,and the triumphant performance of the Kurds—render thetask of crafting Iraq's permanent constitution significantlymore problematic. In this paper, we examine the implicationsof these election results for the design of Iraq's federal system.Our focus is on the character of the subunits in any futuresystem, specifically on whether Iraq should adopt a form ofterritorial federalism based on the country's existing eighteenprovinces (as most scholars argue) or whether a form of ethnic,or "plurinational," federalism based on five regions would bebetter able to address the very significant problems createdby the election results. After assessing the relative meritsof the various proposals for a federal Iraq, we conclude thata system based on five broad regions, though not ideal, is theleast bad of the options available.     

Voting when the economy goes bad,everyone is in charge,and no one is to blame: The case of the 2009 German election

The economy was a major issue in Germany’s 2009 election. The global economic crisis did not spare Germany, whose economy is tightly integrated into the global economy. So when the German economy experienced a historical shock, did voters connect their views of the economy with their vote choice? Or did they, as some research has suggested, recognize Germany’s dependence on global markets and cut the government slack, especially when the government consists of the country’s two major parties? Using pre- and post-election panel surveys from the German Longitudinal Election Study (GLES), we investigate the weight that voters gave to the economy, relative to other considerations, when casting their ballot and whether governing parties were disproportionately judged based on the state of the economy.     

Supporting local climate adaptation planning and implementation through local governance and decentralised finance provision

Policies developed at national levels can be unresponsive to local needs. Often they do not provide the rural poor with access to the assets and services they need to allow them to innovate and adapt to the ways that increased climate variability and change exacerbate challenges to basic securities – food, water, energy, and well-being. In development deficit circumstances, common pool resources are important for climate adaptation purposes. In order for climate adaptation actions to deliver resilience, local perspectives and knowledge need to be recognised and given due priority in formal planning systems. Basing formal adaptive development planning on local strategies can support and strengthen measures that people have been tested and know to work. Local climate adaptation through collective action can address current increases in climate variability, future incremental changes, and the need to transform existing systems to deal with qualitative shifts in climate. These types of adaptation can work in cumulative ways. The results of local adaptation collective action that have benefits of low rivalry between users while being highly inclusive can be considered “local public goods”. Evidence is beginning to emerge that when local governance systems facilitate high levels of participation in planning collective action for climate adaptation, and direct access to resources for implementing local plans, “local public goods” can be created and common pool resources better managed.     

The British Mandate and the crisis of Palestinian landlessness, 1929–1936

This article examines landlessness among Palestinians as a facet of colonial policy in Mandate Palestine before the 1936 revolt. The growth of what was sometimes called a ‘landless class’ came into official view after the violence of 1929. Subsequent investigations indicated that landlessness was a significant problem and that it threatened to destabilize the Mandate. The effort to ameliorate the crisis of landlessness, however, clashed with the dominant colonial conception of settler developmentalism, the notion that Jews, not Arabs, were the agents of modern economic development in Palestine. The first part of this examination revisits the contest over the 1930 White Paper, focusing on its relationship to the advent of mass landlessness. The rapid defeat of the new policy via the MacDonald letter left the landlessness problem to fester while simultaneously obscuring it. As the situation in the Arab countryside continued to deteriorate, the onset of the fifth aliya temporarily reinforced erroneous assumptions about the potential to rectify the problem through the yishuv's development. By the time mass landlessness was ‘rediscovered’ and new land controls designed to protect Arab smallholders were on their way to promulgation in 1935–1936, the Palestinian countryside was just months away from determined revolt.     

Driving Legislators' Policy Preferences: Constituent Commutes and Gas Taxes

Understanding differential policy costs across constituencies, and how they link to legislators' policy preferences, can facilitate policy changes that solve pressing problems. We examine the role of policy costs on constituents by studying legislator support for taxing gasoline. Analysis of survey responses from US state legislators, as well as of their voting records, shows that legislators whose constituents would be most affected by an increased gas tax—those whose constituents have longer commutes—are more likely to oppose higher gas taxes. Separately estimating the impact of time spent driving to work versus using public transit shows that the effect of commute times comes from those who have long drives, not from those who ride public transit, highlighting how the policy costs to constituents is a major driver in legislators' considerations. We finish the article by discussing the implications of our findings for combating climate change and for understanding policy feedbacks.     

Varying the intensity of competition in a multiple prize rent seeking experiment

We experimentally test a rent seeking model under five levels of competition. At one extreme, a subject’s probability of winning a prize is equal to her share of the total expenditures. At lower levels of competition, a subject’s probability of winning is affected more by her own expenditures than by the expenditures of others. Predicted expenditure levels are positively associated with higher levels of competition. Consistent with previous rent seeking experiments, we find that subjects spend significantly more than the Nash equilibrium prediction at all levels of competition. However, expenditure patterns generally follow the Nash prediction; expenditures decrease as the level of competition decreases. Our experimental design also includes a lottery choice experiment to control for subjects’ risk preference. We find that subjects who are more risk averse spend significantly less in the contest and this effect is particularly strong for female subjects.     

Iraq and the case for Australian war crimes trials

This article presents the case for Australian war crimes trials, following Australian participation in the invasion of Iraq and the subsequent deaths of as many as a million Iraqi civilians. It focuses on jus in bello (war crimes) rather than jus ad bellum (just war). The article sets out the argument and rationale that Australian war crimes trials are needed. Having established the necessity, the article identifies two of the principal alleged atrocities for which Australian officials should be held criminally accountable. It details Australian military support for the use of cluster bombs against civilians during the 2003 invasion, and senior Australian military commanders’ responsibility for planning and carrying out multiple purported war crimes during the attack on Fallujah in late 2004. The article recognises that, in order for Australian officials to be prosecuted under the International Criminal Court (ICC), all domestic remedies must be first exhausted. It therefore specifically addresses which Australian laws can be used, with particular emphasis on anti-terrorist legislation passed in 2002 under the Howard Government and the introduction into Australia’s domestic federal criminal legislation offences equivalent to the ICC Statute offences of genocide, crimes against humanity and war crimes. These provide the most applicable legal tools for prosecuting senior Australian officials for war crimes in Iraq.