Accountability and Coercion: Is Justice Blind when It Runs for Office?

Through their power to sentence, trial judges exercise enormous authority in the criminal justice system. In 39 American states, these judges stand periodically for reelection. Do elections degrade their impartiality? We develop a dynamic theory of sentencing and electoral control. Judges discount the future value of retaining office relative to implementing preferred sentences. Voters are largely uninformed about judicial behavior, so even the outcome of a single publicized case can be decisive in their evaluations. Further, voters are more likely to perceive instances of underpunishment than overpunishment. Our theory predicts that elected judges will consequently become more punitive as standing for reelection approaches. Using sentencing data from 22,095 Pennsylvania criminal cases in the 1990s, we find strong evidence for this effect. Additional tests confirm the validity of our theory over alternatives. For the cases we examine, we attribute at least 1,818 to 2,705 years of incarceration to the electoral dynamic.     

The Federal Line Item Veto Experiment: After the Supreme Court Ruling,What's Next?

The federal line item veto has ceased to exist, thanks to the Supreme Court's June 1998 ruling invalidating the expansion of the president's rescission authority that was contained in the Line Item Veto Act. This article reviews the application of the Act during 1997, its effect on spending and the deficit, the judicial reaction to its use, and the prospects for the restoration of some version of the power. President Clinton was quite restrained in the use of his new power, with the exception of his cancellations in the Military Construction appropriation bill; these were ultimately restored by the Congress. Because of the president's restraint, the Line Item Veto Act had a miniscule affect on spending and the deficit; total cancellations represented less than .04 percent of FY98 discretionary budget authority. Ultimately, the Supreme Court held that the Act violated Article I, Section 7 because it created a Constituionally impermissable way for the president to change laws. There is no clear fallback position for supporters of the Act; alternatives are either difficult to enact, hard to administer, or too weak to be considered an effective substitute. Given the problems in enacting any alternative, it may be that the federal line item veto will end up only as a historical anomaly.     

A Question of Morality: Artists' Values and Public Funding for the Arts

In 1989, the combination of art, religion, homosexuality, ana¹ public dollars set off an explosive two-year battle and a decade of skirmishes over funding for the National Endowment for the Arts. To promote artistic freedom and to avoid political controversy, federal arts policy delegates specific funding decisions to private donors and arts professionals. In an era of morality politics—hot-button issues driven by deeply held beliefs rather than by expertise—that strategy no longer works. Artists, donors, and arts audiences diverge widely from the rest of the American public in their attitudes toward religion, sexual morality, and civil liberties, as General Social Survey data show. Delegating funding decisions to them has naturally led to some subsidies of art offensive to important segments of the population.     

Federal Budgeting After September 11th: A Whole New Ballgame,or Is It Déjà Vu All Over Again?

Federal budgeting has undergone some profound changes since the tragic events of September 11th, 2001. Large surpluses that existed prior to September 11th and were forecast to continue have been replaced by equally large and intractable deficits. The consensus around a macro‐level norm for federal budgeting has completely broken down. In other ways, the federal budget process has not changed at all. Despite the emphasis on defense and homeland security, domestic discretionary spending is still continuing unabated, as it has since the late 1980s. Further, the federal government continues to have chronic difficulty adopting its budget in a timely fashion.     

The China–asean Free Trade Agreement And Taiwan

While China's move toward a FTA with ASEAN reflects Beijing's most recent foreign economic policy adjustment and represents a new stage in the nation's open-door policy, it inevitably produces significant impact on cross-Taiwan Straits relations. This recent development in China's foreign economic relations brings not only substantial psychological and real effects and pressure on Taiwan for its possible isolation and marginalization from the ongoing process of regional integration in East Asia, but also growing pressure exerted by the island's business community that fears being pushed into a disadvantageous position in competition with ASEAN companies in the ever expanding and lucrative market of the mainland. For strategic, diplomatic, and economic considerations in the face of this new challenge, Taiwan is pursuing counter-measures by searching for its own FTAs with other countries within and beyond the region.     

Commissions of inquiry and policy change: Comparative analysis and future research frontiers

Canadian governments have spawned hundreds of federal and provincial commissions of inquiry (COIs). Many scholars have completed in‐depth analysis of particular COIs but less attention has been paid to policy impact and comparisons across COIs. This study addresses the following questions. What role do COIs play in policy change? Would policy change likely have occurred without the COI? Why do some COIs result in policy change and others do not? This analysis reports on findings from in‐depth case studies of ten COIs. It uses a theoretical framework focusing on ideas, institutions, actors and relations to examine whether and how COIs lead to policy and administrative change.