Protecting the Continuing Duties of Loyalty and Confidentiality in Ineffective Assistance of Counsel Claims

The success or failure of an ineffective assistance of counsel claim turns largely on the testimony of trial counsel. It is therefore common for the government to communicate ex parte with trial counsel in order to formulate its response to such a claim. But even after the representation has ended, trial counsel continues to be bound by duties of loyalty and confidentiality to their former client, as well as the attorney-client privilege, subject to a limited waiver relative to information that is reasonably necessary to respond to the ineffectiveness claim. Because of their interests in the litigation, however, neither trial counsel nor the government is positioned to objectively decide what information is covered by that waiver. In order to ensure that trial counsel respects their ethical duties to their former client and to protect the sanctity of the attorney-client relationship, post-conviction courts should prohibit trial counsel from communicating ex parte with the government. These courts should instead require that all such communications take place on the record—ideally at a deposition, but alternatively through affidavits.     

The Contested Politics of Public Value

The emerging field of public values helpfully focuses on the norms and government policies that serve the public interest, but its analysis neglects the barriers to actually creating public value in contemporary America. Chief among these barriers are contending strains of public beliefs and opinions, the disproportionate influence of affluent individuals and business and professional associations, as well as governing structures predisposed toward inaction and drift. This article contrasts the expectations of the public values field with research on American politics to identify barriers to advancing the public interest under current conditions. Although public values scholars offer an analysis of American public life that is inadequate, they do raise challenging questions about how a public‐regarding agenda can be “designed in” to politics and policy. The article concludes by suggesting feasible reforms to improve the conditions for pursuing the public interest.     

Analyzing Approaches to the Backlog of Untested Sexual Assault Kits in the U.S.A.

Motivated by the debate over how to deal with the huge backlog of untested sexual assault kits in the U.S.A., we construct and analyze a mathematical model that predicts the expected number of hits (i.e., a new DNA profile matches a DNA sample in the criminal database) as a function of both the proportion of the backlog that is tested and whether the victim–offender relationship is used to prioritize the kits that are tested. Refining the results in Ref. (Criminol Public Policy, 2016, 15, 555), we use data from Detroit, where government funding was used to process ≈15% of their backlog, to predict that prioritizing stranger kits over nonstranger kits leads to only a small improvement in performance (a 0.034 increase in the normalized area under the curve of the hits vs. proportion of backlog tested curve). Two rough but conservative cost‐benefit analyses—one for testing the entire backlog and a marginal one for testing kits from nonstranger assaults—suggest that testing all sexual assault kits in the backlog is quite cost‐effective: for example, spending ≈$1641 to test a kit averts sexual assaults costing ≈$133,484 on average.     

Revitalizing public management training in the Americas

The decade of the 1980s signalled major changes within public administration and development-oriented activities. As a consequence of the internationalization of the agendas of practitioners and academics working in these areas, there is today a growing convergence among public policy, public management, public administration and political science. Given the complexity of the public sector cross-nationally, what has become necessary in public management education is the design of programmes that meet specific needs and priorities and which are responsive to very different national settings. This particular case study is centred around one endeavour to achieve more effective interfacing between theory and practice, in the teaching of public management and the design of development programmes in the United States (US). It is based on an assessment of a 10-year co-operative endeavour between the National Association of Schools of Public Affairs and Administration and the US Agency for International Development. The outcomes of this project provided not only leverage for important changes in the teaching programmes of schools concerned with international management education but also built a new relationship between government and a non-governmental organization through the contacting out of management development work.     

Democracy and development: With Special attention to Korea

Academic discussions on the relationship between regime type and economic growth of developing countries have been drawn to three linkages, the contribution of a certain type of political authoritarianism to rapid industrial transformation, the trend towards democracy after a long period of sustained economic development, and possible negative economic consequences of democratization itself. There are theoretical reasons to support the first two assertions, but the third proposition is less tenable. The case of Korea shows that democratic changes have resulted in higher consumption, have induced inflationary policy, and have led to wage increases in excess of productivity gains. However, these might well be transitional rather than steady-state phenomena. Political learning can prevent young democracies from becoming captives to distributional coalitions.     

The retention of state governors

In this paper, we have provided some support for several hypotheses about the determinants of which governors get reelected. The benefit from being a member of a particular party varies from state to state and from year to year. Personal characteristics such as age are also important. The logits give some support to the importance of coalition formation; reelection is easier in states with low voter turnout and in farm states. The paper is most concerned with the connection between the economic performance and the electoral success of incumbent candidates for governor, and we find support for a model of electoral acountability, in which governors are powerful in state governments and state governments have the ability to differentially tax fixed factors relative to neighboring states.This paper raises some important issues regarding the measurement of variables in political economy, which have wide applicability to other studies in the economics of politics. Peltzman (1988) finds that the difference between the growth rate in state personal income and the national growth rate over a one to four year period prior to the election does not affect gubernatorial electoral outcomes. Concurrently, we find that the current year's growth rate in state personal income and its difference from the national growth rate are not significantly related to electoral success but that the average deviation from predicted state personal income during the governor's tenure in office is significantly related to the odds of getting reelected. That is, the data reject simplistic views of voter behavior and support a sophisticated model of voter behavior. Similarly, Peltzman (1988) has greater success using more sophisticated, cumulative measures of national economic performance.     

Transforming Public Health Law: The Turning Point Model State Public Health Act

Law is an essential tool for improving public health infrastructure and outcomes; however, existing state statutory public health laws may be insufficient. Built over decades in response to various diseases/conditions, public health laws are antiquated, divergent, and confusing. The Turning Point Public Health Statute Modernization National Collaborative addressed the need for public health law reform by producing a comprehensive model state act. The Act provides scientifically, ethically, and legally sound provisions on public health infrastructure, powers, duties, and practice. This article examines (1) how statutory law can be a tool for improving the public's health, (2) existing needs for public health law reform, (3) themes and provisions of the Turning Point Act, and (4) how it is being used by public health practitioners.