Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.     

Explaining legislators’ positions on outside income limits: Voting on honoraria ceilings in the U.S. Senate, 1981–1983

This article examines roll-call voting by members of the U.S. Senate on three proposals to limit members’ outside income in the 1980s. I find that several factors influenced legislators’ votes on outside income limits legislation (OILL). First, financial self-interest was an important constraint on members’ willingness to support OILL. Members who earned more honoraria were less likely to vote yes, but this opposition was neutralized when limits were attached to the compensating mechanism of a pay raise. Senators from poorer states were generally more likely to support honoraria limits alone but less likely to support limits linked to a pay raise, suggesting a responsiveness to constituent interests in both cases. Finally, when OILL was linked to a pay raise, electoral considerations became prominent in legislators’ vote decisions, with electorally vulnerable members less likely to vote yes.     

The impact of child support enforcement policy on nonmarital childbearing

The interaction of welfare and child support regulations has created a situation in which child support policy's incentives that discourage unwed fatherhood tend to be stronger than its incentives that encourage unwed motherhood. This suggests that more stringent child support enforcement creates incentives that reduce the likelihood of nonmarital childbearing, particularly among women with a significant chance of needing public assistance in the event of a nonmarital birth and their male partners. We investigate this hypothesis with a sample of women from the Panel Study of Income Dynamics, to which we add information on state child support enforcement. We examine childbearing behavior between the ages of 15 and 44 before marriage and during periods of non‐marriage following divorce or widowhood. The estimates indicate that women living in states with more effective child support enforcement are less likely to bear children when unmarried, especially if they are young, never‐married, or black. The findings suggest that improved child support enforcement may be a potent intervention for reducing nonmarital childbearing. © 2006 by the Association for Public Policy Analysis and Management.     

Security culture,transnational challenges and the Economic Community of West African States

This special issue explores how one particular regional organisation, the Economic Community of West African States (ECOWAS), has defined certain transnational issues as security threats and how it has addressed them. In this introductory article, we begin by providing an overview and analysis of some of the most important transnational security challenges facing West Africa. Specifically, we discuss some of the problems raised by cross-border insurgencies, health challenges, organised criminal activities, terrorism and environmental degradation. We then examine the different levels at which actors have responded to these challenges. The section ‘Security culture: shaping the Economic Community of West African States (ECOWAS) response?’ sets out our approach to thinking about the concept of security culture and asks whether it might be relevant to understanding how and why ECOWAS has focused on responding to certain transnational security challenges and not to others. The final section provides an overview of the other articles in this issue.     

The 2007 Australian Federal Election: The Story of Labor's Return from the Electoral Wilderness

In an era of continuous campaigning, elections are seldom won in the final weeks of the formal campaign period. The 2007 Australian federal election saw voters dispatch a Liberal Party and Nationals Coalition government that had presided over a buoyant economy, and return the Australian Labor Party from the electoral wilderness it had occupied since 1996. The explanation of this revival in Labor's stocks can be traced to the Wheat Board scandal, the unpopularity of the labour market deregulation, and to a series of other political tribulations that the fourth Howard Government faced during 2005 and 2006. Initially their impact was masked by the failure of Labor's parliamentary leadership. But when caucus elected Kevin Rudd and freed him to position Labor as offering fresh ideas and a safe pair of hands, Labor seized a lead in the opinion polls and retained it throughout 2007. Rudd's tactical leadership of his party proved critical. This article describes how the 2007 campaign unfolded and the pattern of events which saw a refashioned ALP win an eighteen‐seat lower house majority.     

Reviews

African Historiographies: What History for Which Africa? edited by Bogumil Jewsiewicki and David Newbury SAGE Publications, Beverly Hills (California) and London, 1986. 320 pp. including figures, notes and bibliography. £33,00.

Rural‐Urban Migration: Aspects of Theory, Policy and Practice by Francois Theron and Johann F. Graaff University Publishers, Stellenbosch and Grahamstown, 1987. 64 pp. including tables, notes and bibliography. R7,50 paperback.

German Imperialism in Africa: From the Beginnings until the Second World War edited by Helmuth Stoecker C. Hurst and Co., London, 1986. 446 pp. including bibliography and index. £17,50.

Elections in Independent Africa edited by Fred M. Hayward Westview Press, Boulder (Colorado), 1987. xvii plus 318 pp. including maps, tables, figures, illustrations, notes, bibliography and index. $36,50 paperback.

Africa and Israel: Relations in Perspective by Olusola Ojo Westview Press, Boulder (Colorado) and London, 1988. xiv plus 181 pp. including tables, notes and index. $23,50 paperback.

Rural Transformation in Tropical Africa edited by Douglas Rimmer Ohio University Press, Athens (Ohio), and Belhaven Press, London, 1988. viii plus 177 pp. including tables, figures, references and index. $27,95.

Ethiopia: Transition and Development in the Horn of Africa by Mulatu Wubneh and Yohannis Abate Westview Press, Boulder (Colorado), and Avebury, London, 1988. xv plus 224 pp. including maps, tables, figures, illustrations, notes, appendix, select bibliography and index. $28,00.

Ethiopia: The United States and the Soviet Union, 1974–1985 by David A. Korn Croom Helm, London and Sydney, 1986. xvii plus 199 pp. including map, notes, appendices, select bibliography and index. £19,95.

Transformation and Continuity in Revolutionary Ethiopia by Christopher Clapham Cambridge University Press, Cambridge, New York and Sydney, 1988. xviii plus 284 pp. including map, tables, notes, bibliography and index. £30,00.

Politics and the Military in Uganda, 1890–1985 by Amii Omara‐Otunnu St. Martin's Press, New York, 1987. xx plus 218 pp. $35,00 paperback.

The Soviet Union, the Third World and Southern Africa by Jack Spence South African Institute of International Affairs, Johannesburg, 1988. vi plus 35 pp. including references. R10,00 paperback.

The Battlefronts of Southern Africa by Colin Legum Africana Publishing Co., New York and London, 1988. xxix plus 451 pp. including map, notes, appendices and indexes. $34,50 paperback.

The Politics of Development in Botswana: A Model for Success? by Louis A. Picard Lynne Rienner Publishers, Boulder (Colorado) and London, 1987. xiv plus 298 pp. including tables, figures, notes, select bibliography and index. $26,50.

Capitalism and Apartheid: South Africa, 1910–1986 by Merle Lipton Wildwood House, London, and David Philip, Cape Town, 1986. xi plus 473 pp. including map, tables, notes and index. $8,95 paperback.

Class, Community and Conflict: South African Perspectives edited by Belinda Bozzoli Ravan Press, Johannesburg, 1987. xx plus 573 pp. including tables, illustrations, notes and index. R35,00 paperback.

Growing Up in a Divided Society: The Contexts of Childhood in South Africa edited by Sandra Burman and Pamela Reynolds Ravan Press, Johannesburg, 1986. xvi plus 454 pp. including map, tables, figures, illustrations, references and index. R28,00 paperback.

South Africa under Apartheid: A Select and Annotated Bibliography by Jacqueline A. Kalley Shuter and Shooter, Pietermaritzburg, and Institute of Social and Economic Research, Rhodes University, Grahamstown, 1987. xiii plus 544 pp. including index. R39,00 paperback.     

When is Growth Not Growth? The Curious Case of Mental Health Budgeting in New York

This article argues that the adverse impact of Medicaid on state budgets alleged in various public debates has been overstated, in some measure because of the inaccurate and misleading manner in which Medicaid expenditures are appropriated in state budgeting systems. Data on Medicaid and mental health spending in the state of New York is used for analysis. The first section provides a Medicaid spending and budgeting background. The second section discusses Medicaid and mental health in New York. The third section describes actual budgeted spending for mental health in New York, and the final section provides a discussion and concluding comments.