Book Reviews

John F. Manley and Kenneth M. Dolbeare, The Case Against the Constitution: From the Antifederalists to the Present (Armonk, NY: M. E. Sharp, Inc., 1987), 199 pp.

Mark Tushnet, Red, White, and Blue: A Critical Analysis of Constitutional Law (Cambridge: Harvard University Press, 1988), 328 pp.

Sheldon S. Wolin, The Presence of the Past: Essays on the State and the Constitution (Baltimore: The Johns Hopkins University Press, 1989), 228 pp.

Peter Brown, Minority Party: Why Democrats Face Defeat in 1992 and Beyond (Washington, DC: Regnery Gateway, 1991).     

死缓限制减刑的刑法教义学分析

死缓限制减刑弥补了我国刑罚体系的部分结构性缺陷,但也凭添了我国死刑制度的复杂性,对其进行刑法教义学分析十分必要.在刑罚体系上,死缓限制减刑属于一种量刑制度,属于死缓的法律后果之一.在死缓限制减刑的适用过程中,应通过体系性思考和类型化构建来引导和规范其标准的适用,最大程度地实现司法协调、保证个案正义.     

红色通报所涉被通缉者的权利保障及其缺陷——以国际刑警组织的规则体系为视角

为了保护被通缉者的合法权利,国际刑警组织有必要创设某些规则以约束红色通报。被通缉者可通过该组织秘书处、数据文件管理委员会、执行委员会和全体大会等机构提供的审查机制实现对自身合法权利的保障。从立法及实践来看,秘书处对发布红色通报申请的评估并不全面、彻底,取而代之的是相当表面的审查;数据文件管理委员会对红色通报进行的事后审查作用有限,不可高估;执行委员会和全体大会解决红色通报争议的机制政治色彩浓厚。     

Means and Ends: A Theory Framework for Understanding Entrepreneurship in the US Arts and Culture Sector

This article provides a framework for the conceptualization of arts entrepreneurship in the US by first examining a range of perspectives on the boundaries of the “arts and culture sector” in the US and then exploring in some depth four theories of entrepreneurship and how such theories may be realized within the arts and culture sector. Theories of firm formation are considered both generally and as potentially applied to the arts and culture sector, with examples of firm formation drawn both from existing literature and the author's direct observation of entrepreneurial activity. Finally, the essay connects these theories in a means and ends framework to provide a context for understanding arts entrepreneurial activity, especially in the US arts and culture sector. The theory that emerges from the examples provided to illustrate the framework is a simple one: artists form firms or otherwise undertake entrepreneurial action toward the end of creating art sustainably and they do so by discovering or creating new connections between their means and that desirable end.     

Factors related to recidivism for youthful offenders

Little is known about youth who were previously placed in a detention facility and what factors predict a subsequent recidivism to placement. This study of a two-county juvenile offender population (one urban and one rural) investigates what demographic, educational, mental health, substance dependence, and court-related variables predict recidivism to detention placement. Findings from logistic regression analysis indicate that seven variables significantly predict juvenile offenders’ recidivism placement, some expected and some unexpected. Predictors that made recidivism more likely include youth with a previous conduct disorder diagnosis, a self-reported previous suicide attempt, age, and number of court offenses. Conversely, predictors that made recidivism less likely include race (Caucasian), a previous attention-deficit hyperactivity disorder diagnosis, and a misdemeanor conviction. These findings indicate that the use of a community-based suicide and mental health screening and referral approach may help to identify and assist these high-risk youth in receiving needed services prior to juvenile court involvement or during delinquency adjudication.     

Voting functions in the EU-15

This paper examines whether the European integration process, by transferring policy instruments to supra-national authorities, has affected voters’ evaluations of governments’ economic performance at elections. The analysis is implemented on a panel of 15 EU countries, from 1970 to 2011. Results suggest that before the Maastricht Treaty, citizens held incumbents responsible for GDP growth and for the evolution of inflation, particularly when measured relative to the EU average. After the Maastricht Treaty, there was a significant reduction in the impact of economic variables, especially inflation, on electoral outcomes. During the current economic crisis the capacity to control the budget deficit appears to be the main determinant of incumbents’ vote shares.     

Intergovernmental fiscal transfers as pork barrel

This paper uses a simultaneous equations model to analyze increases in intergovernmental fiscal transfers and associated vote changes in Portuguese legislative elections. The results suggest that election year increases in transfers by the central government to municipalities secure added votes, and that these transfers are targeted at jurisdictions where the government faces the risk of losing support.     

Emerging cohort trends in housing debt and home equity

Abstract

Financial and market conditions in the 1990s caused a sharp increase in the housing debt (in constant dollars) of households now approaching or just past normal retirement age. Households now in middle age have also set new records for housing debt and will likely continue to carry high housing debt when they reach old age in 10 or 20 years.

In the future, this housing debt burden is likely to lead to financial and housing adjustments that suggest a qualitative change in behavior when these households reach the later stages of their working life. Many will need to work longer to service housing debt. When facing a life‐cycle downturn in annual income, households will be increasingly motivated to tap into their home equity, both by borrowing, for those who stay in their homes, or by downsizing and liquidating some equity, for those who choose to move.     

Strategic Management in the Public Sector: How Tools Enable and Constrain Strategy Making

ABSTRACT

Strategic management (SM) has become prominent on the agenda in several public organizations due to new public management (NPM) reforms. Nevertheless, there are few studies investigating how public organizations apply SM in practice and what tools are used. As a result, calls have been made for such studies. This article can be seen as an attempt to meet this call by presenting a qualitative case study of how SM has been applied in the Swedish Transport Administration (STA), a central government agency in Sweden, and what tools it used in strategy making. By analyzing the micro processes of strategizing at STA, our results indicate that public organizations need to be aware of at least three specific tensions that can enable or constrain strategy making. These tensions are: short v. long-term, parts v. whole, and reactivity v. proactivity.