Of Beer and Baijiu

正The popular toast, meaning empty glass, was uttered at least a dozen times each over the course of a 10-dish meal at a banquet in Xiamen, Fujian Province.     

Repetitive Military Challenges and Recurrent International Conflicts, 1918–1994

This article seeks to shed light on the problem of recurrent international conflicts. It does so by investigating the relative frequency of a particular class of such conflicts, those in which the challenger in a given conflict is the challenger in the next conflict involving the same two countries. I demonstrate that these "repetitive military challenges" constitute a significant majority of several types of recurrent conflicts. I also develop a Cox proportional hazards model of the risk that, after a given conflict, the defender is re-challenged by the original challenger, a conflict that is usually but not always a repetitive challenge. This analysis finds that a range of systemic, dyadic, and national conditions contribute to the risk of re-challenges. One key finding is that after low-severity conflicts, democratic defenders are at a greater risk than are nondemocratic defenders to be the victims of re-challenges.     

What is the Use of a Human Right to Development? Legal Pluralism, ‘Participation’, and a Tentative Rehabilitation

The human right to development divides academic thought. On the one hand, it is mistrusted as an apology for human rights (and other) abuses. On the other, it remains a central pillar of the UN‐led campaign against poverty. Building on the concept of the right to participate in development framed in the UN General Assembly Declaration of 1986, this article seeks to show that there is some scope for the rehabilitation of that right. It demonstrates how the development discourse has tended to exclude minority and subaltern groups. Drawing on the insights of legal pluralism, it then outlines ways in which, for example, indigenous communities have reasserted some control over the development process, before suggesting how this could lay the basis for the wider rehabilitation of the idea of a human right to development.     

LEGAL AND REGULATORY MODEL FOR THE AUDIT PROFESSION： THE UK AND CHINESE MODELS COMPARED

The article discusses whether the UK＇s liberal regulatory model for the audit profession could benefit China as it continues its reform towards a western-inspired liberal market economy. China has already carried out substantial reforms.＂ the disaffiliation programme, audit industry consolidation, and the diffusion of international audit norms. However, substantial deficiencies in the Chinese audit profession remain, and corporate audit continues to lack credibility. Adopting a system modelled on that used in the UK could resolve these issues. However, if China chose to adopt the UK＇s liberal regulatory model, it would not only require economic reform, but also structural reform to its political system. This would include removing conflicts of interest between the audit profession and companies controlled by public authorities; the development of an independent self-regulatory system accountable to the judiciary; corporate democratisation; the development of private enforcement and the introduction of an independent judicial system.     

Testing the Packer Theorem: The Efficiency of Florida’s Criminal Circuit Courts

Herbert Packer’s models of the criminal process are criminal justice theorems, often the foundation of student introduction to the field in introductory textbooks. To date, there is little empirical analysis of the conceptual foundations of the process-based models, namely that courts are more efficient through the utilization of plea bargains, while an increase in trials necessarily decreases efficiency. The present results reveal wide variability in Florida circuit criminal court efficiency within and between circuits from 2004/05 to 2010/11. Regression analysis revealed that the year over year difference in both plea bargain (β?=?.14) and trial percentage (β?=?.13) significantly predicted (p?<?.05) year over year changes in efficiency, but explained a small amount of the variance (R ²?=?.026) controlling for other factors (total model R ²?=?.58–.62). These results show there is more capacity for trials within the Florida courts, and an increase in trials does not negatively impact court efficiency as expected but that other factors are far more relevant in explaining changes in efficiency outcomes. Furthermore, the Packer “assembly line” analogy, a basic tenet of the criminal process, is not found: plea bargains do not strongly predict or explain court efficiency, with structures playing a greater role in court outcomes than the processes conceptualized by Packer. The application to courts and impact on criminal justice education are discussed.     

Personality traits of municipal politicians and staff

Abstract: Conflict between elected officials and civil servants is not an uncommon occurrence at the city level and it may at times paralyze the organization. The purpose of this article is to determine whether certain basic personality traits among municipal politicians and public servants could explain why the two groups have differing perspectives and why they may at times have difficulty working together. While they can be a source of considerable tension, these differing traits can also be seen as complementary, in which case they might enhance the organization's performance. Sommaire: Les conflits entre les responsables élus et les fonctionnaires ne sont pas quelque chose de rare à l'échelle des villes et ils peuvent parfois paralyser l'organisme. L'objet du présent article est de déterminer si certains traits de personnalité chez les responsables politiques municipaux et les fonctionnaires pourraient expliquer pourquoi les deux groupes ont des perspectives différentes et pourquoi ils peuvent parfois avoir des difficultés à collaborer. Alors qu'ils peuvent être une source de tension considérable, ces différents traits de personnalité peuvent aussi être considérés comme complémentaires et, dans ce cas, ils pourraient renforcer la performance de l'organisme.