The Electoral Costs of Party Loyalty in Congress

To what extent is party loyalty a liability for incumbent legislators? Past research on legislative voting and elections suggests that voters punish members who are ideologically “out of step” with their districts. In seeking to move beyond the emphasis in the literature on the effects of ideological extremity on legislative vote share, we examine how partisan loyalty can adversely affect legislators' electoral fortunes. Specifically, we estimate the effects of each legislator's party unity—the tendency of a member to vote with his or her party on salient issues that divide the two major parties—on vote margin when running for reelection. Our results suggest that party loyalty on divisive votes can indeed be a liability for incumbent House members. In fact, we find that voters are not punishing elected representatives for being too ideological; they are punishing them for being too partisan.     

Functional mental capacity is not independent of the severity of psychosis

BACKGROUND: Function-specific mental capacities are the legal criteria for competence. These are regarded as superior to clinical assessments of mental state and general function. AIMS: To determine whether tests of fitness to plead and capacity to consent are independent of each other and independent of mental state and global function in psychosis. METHOD: The MacCAT-T and MacCAT-FP, PANSS and GAF were administered to 102 compulsorily detained forensic patients with psychosis. Criteria for incompetence were inability to express a preference concerning treatment, and independent rating as unfit to plead. RESULTS: MacCAT-T, MacCAT-FP totals and sub-scales correlated with each other and with PANSS and GAF. Those independently rated unfit to plead or who were incapable of making a treatment choice scored significantly worse on all rating scales. No test had satisfactory sensitivity or specificity. CONCLUSIONS: Legal definitions of mind and of functional capacity offer a basis for structured clinical judgement regarding decision-making capacity. However, function-specific measures of understanding, reasoning and appreciation generate much the same results as measures of mental state and global functioning.     

Mending the hole in multilevel implementation: Administrative cooperation related to worker mobility

European economic integration creates unintended consequences for national public administrations. This article offers a conceptual and empirical analysis of how these challenges are met. First, three challenges are identified: a reduced capacity to offer services to citizens who move freely, increasing administrative burdens, and negative externalities for all parts from a single states’ administrative failure. Second, a conceptual framework is developed that links each challenge to a most likely response in form of modes of administrative cooperation. Third, the framework is illustrated by an empirical analysis of the coordination of social security systems, labor inspectorates, and posted workers. The case studies show that horizontal administrative cooperation is developed stepwise over time and in line with the theoretical framework. In sum, we can sustain that horizontal administrative cooperation is a relevant additional integration dynamic that buffers unintended effects of market integration on formally independent but increasingly interdependent member state executive bodies.     

Surviving local government policy intervention: the case of embedded markets within a historical cultural cluster

China's name derives from “china” (porcelain), and “China” (pronounced as “Changnan”) is the former name of Jingdezhen, the capital city of porcelain—through whose exports of “blue‐and‐white” china the country gained international renown. The 2200‐year‐old porcelain cluster in Jingdezhen has survived through multiple empires with distinct policies towards the development of the city's dominant industry. This in‐depth case study examines interactions between local government and the business community to discover the effectiveness of policies and the perception of those policies by entrepreneurs through qualitative research employing Grounded Theory methodology. The centralized institutional structure in China contributes significantly to the findings of a total split of “government action” from “public perception” and leads to new considerations for policy‐makers to redesign their economic development strategies and plans to engender real effects in the desired direction. This paper also provides an exemplary lesson for historical cultural clusters seeking to escape from unfavorable policy interference. Copyright © 2016 John Wiley & Sons, Ltd.     

The Algerian Works of Hélène Cixous: at the Triple Intersection of European,North African and Religious Nationalisms

The theme ‘Jewish conditions and theories of nationalism’, relating particularly to the twentieth century, can be connected to Hélène Cixous the thinker, through her childhood experiences in Algeria during the Second World War. Thereafter, she would spend 10 years in a country on the verge of what some have termed a ‘civil war’ between ‘European’ inhabitants, settled multiple generations previously, and an increasingly angry, marginalised, and dispossessed (Muslim) indigenous population. Importantly, Cixous has also called on her experiences in Algeria after Algerian independence, which is extremely rare given that the vast majority of non-Muslim departures took place up until 1962. In this way, her early life history and her intellectual trajectory, positioned as a writer of gendered and then ethnic difference (from Paris), and the relationships she garnered with Algerian women in the 1990s during the dark years of violence in Algeria, as well as her subsequent process of return to Algeria against a backdrop of a narrowly defined French national identity, are at a triple intersection with the evolutions of Algerian, French and Jewish nationalisms. This paper engages with the ambiguities and tensions of Hélène Cixous’ experience of and writing about Algeria combining close analysis of her literary production with our meetings in her Parisian home.     

War and (the Democratic) Peace: Military Service,Citizenship, and the International Environment

Is there a significant relationship between military structure and political liberalization? If so, can military structure and organization be manipulated to influence the process of democratization for the purpose of enhancing inter-state peace? To test the implications of these questions, I will investigate a decidedly contentious premise. Military factors traditionally considered destabilizing in the international environment (to include large, well-trained armed forces organized for offensive or out-of-country operations) have, at critical junctions in the Western experience, had a distinctly positive impact on the emergence and maintenance of the liberal democratic state. If this is indeed the case, and liberal democracy can be shown structurally and normatively to produce inter-state peace, then the preferred policy of peace-desiring states should be to promote and implement military reform at home and abroad that most efficiently generates democratic structures and values, regardless of intuitive fears of international instability. In short, I will argue that if liberal democratic states do not go to war with each other, then the size, proficiency, and strength of their military forces should not be a security dilemma issue.     

Amid domestication and Afriexit: whither Nigeria and South Africa on the International Criminal Court?

There is a silent revolution going on among African states regarding the Rome Statute of the International Criminal Court (ICC). Some states that previously signed the Statute refused to ratify it. Some that ratified the Statute refused to domesticate it. Some that domesticated it withdrew or threatened to withdraw from it. Some that withdrew from it revoked their withdrawal. The African Union called for the mass withdrawal of African states from the Statute. Amid this storm of domestication and Afriexit, this study probes the question: what will be the status of Nigeria and South Africa on the ICC by 2022, considering the events in these states so far, evidence from data and the spate of domestication and exit procedures in homogeneous African states in contemporary times? The objectives of the study are to predict the status of Nigeria and South Africa by 2022 and reflect on the implication of the predictions for the on-going viability, sustainability and credibility of the ICC. It predicts that Nigeria has a zero per cent indication of domesticating the Statute. South Africa has 100 per cent positive indication to remain an ICC state party.     

Correction to: Feminist Judgments Projects at the Intersection

Feminist Legal Studies - In the original publication of the article, errors in the production stages resulted in Vanessa Munro being listed as sole author.