Innocence Lost: A Problem for Punishment as Duty

Constrained instrumentalist theories of punishment – those that seek to justify punishment by its good effects, but limit its scope – are an attractive alternative to pure retributivism or utilitarianism. One way in which we may be able to limit the scope of instrumental punishment is by justifying punishment through the concept of duty. This strategy is most clearly pursued in Victor Tadros’ influential ‘Duty View’ of punishment. In this paper, I show that the Duty View as it stands cannot find any moral distinction between the permissible punishment of the guilty and the permissible punishment of the innocent in extreme circumstances, therefore undermining one the key pillars of its intuitive appeal. I canvass several ways to respond to this problem, arguing that a rights (or claims) forfeiture theory which employs the distinction between rights forfeiture and rights infringement (or claims forfeiture and infringement) is the best solution.     

Hard Bargains: The Impact of Multinational Corporations on Economic Reform in Latin America

This article promotes the idea that multinational corporations have independent agency in the process of economic reform in Latin American host countries. Through a number of pooled cross-sectional time series analyses, it shows that accumulated foreign direct investment can affect policy reform in ways unanticipated by earlier theories predicated on the obsolescence of firms' influence after initial investment. The influence of firms varies across different reform areas, and competitive pressures lead firms to press alternately for liberal and illiberal reform measures. The study also considers sectoral issues, and argues that a preponderance of natural resource–oriented FDI can alter the impact of multinational investment on policy reform. Indexes of economic reform are measured against stocks of FDI and a number of political and economic control variables. Evidence shows that the dramatic increase in FDI in the region in recent years has bolstered firms' bargaining power and concomitant policy leverage.     

The Future of Irish-UK Relations: Borders and Identities after Brexit: Introduction

It is apparent that the consociational framework established by the Belfast/Good Friday Agreement (B/GFA) is under threat, while the UK's withdrawal from the EU poses major challenges for maintaining peace, prosperity and social cohesion in Northern Ireland (NI). The contributions to this special collection examine key elements of the post-Brexit reality, with a particular focus on NI and the future of the intergovernmental bodies established by the B/GFA. The implications of the UK government's attempt unilaterally to disapply parts of the Protocol on Ireland/Northern Ireland are examined.     

Thinking alike: two pathways to leadership-candidate opinion congruence

This paper seeks to explain why party candidates and their party leadership have congruent policy positions or not. Despite its importance as a way through which parties are able to behave as a unitary actor, this congruence has never been studied as a dependent variable. We seek to fill this void in the literature. Our results suggest that leadership-candidate congruence comes about through two mechanisms: selection and learning. With selection, the party leadership aims to get those candidates elected whose policy preferences are congruent with the party line. Learning occurs through the process of socialization in which candidates assume the views of the party they work and candidate for as their own under. This happens under the pressure of cognitive dissonance. If a candidate learns about the position of the leadership and notices that they are incongruent, they may feel discomfort and change their opinion to be congruent with the party.     

To Tell the Truth: Ad Watch Coverage,Ad Tone,and the Accuracy of Political Advertising

This study examined the relationships among newspaper ad watch coverage, ad tone, and the accuracy of political advertising. A sample of political advertisements (N = 160) was drawn from the Campaign Media Analysis Group (CMAG) database and other sources for eight U.S. Senate races. Two experts on each race evaluated the ads’ accuracy and their ideological portrayals of candidates, while trained coders analyzed other aspects of the ads. Ad watch coverage from these races (ad watch N = 109) also was content-analyzed. The number of ad watches overall in a race and the number that explicitly criticized ads were positively related with the level of accuracy of political ads and with a tendency to portray their favored candidates closer to their actual ideological position—but the overall number of ad watches also was positively related with a tendency for ads to portray opponents as more extreme than their positions warranted. Ad watches usually tend to scrutinize negative ads more, but ad watch coverage in this study was unrelated with ad tone and with the number of negative ads in a race. Positive ads were rated as more accurate but also more prone to exaggerate the supported candidates’ centrism compared to other ads. Normative and practical implications are discussed.

We’re not going to let our campaign be dictated by fact checkers.

— Neil Newhouse, pollster for the Mitt Romney 2012 campaign     

Examining Relationships among Choice,Affect, and Engagement in Summer STEM Programs

Out-of-school time programs focused on science, technology, engineering and mathematics (STEM) have proliferated recently because they are seen as having potential to appeal to youth and enhance STEM interest. Although such programs are not mandatory, youth are not always involved in making the choice about their participation and it is unclear whether youth’s involvement in the choice to attend impacts their program experiences. Using data collected from experience sampling, traditional surveys, and video recordings, we explore relationships among youth’s choice to attend out-of-school time programs (measured through a pre-survey) and their experience of affect (i.e., youth experience sampling ratings of happiness and excitement) and engagement (i.e., youth experience sampling ratings of concentration and effort) during program activities. Data were collected from a racially and ethnically diverse sample of 10–16 year old youth (n?=?203; 50% female) enrolled in nine different summer STEM programs targeting underserved youth. Multilevel analysis indicated that choice and affect are independently and positively associated with momentary engagement. Though choice to enroll was a significant predictor of momentary engagement, positive affective experiences during the program may compensate for any decrements to engagement associated with lack of choice. Together, these findings have implications for researchers, parents, and educators and administrators of out-of-school time programming.     

The Ethical Implications of Altering Public Sector Accountability Models: The Case of the Atlanta Cheating Scandal

ABSTRACT

Outcome based policies promote the use performance accountability models. However, the impact these policies have on the ethical culture of public sector organizations has not been adequately assessed. This research examines performance accountability reforms by examining the City of Atlanta’s implementation of federal and state performance policies. The analysis reveals the use of performance models in vulnerable organizations negatively impact employees’ ethical behavior. Teachers and administrators altered test results, delivered threats, misled parents and students about performance outcomes, and were dishonest with state investigators to give the illusion that performance goals had been met or exceeded.     

Curbing the royal prerogative to use military force: the British House of Commons and the conflicts in Libya and Syria

Abstract

To what extent does political practice under the British Conservative-Liberal Democrat coalition (2010–2015) reflect a ‘parliamentary prerogative’? From a formal-institutional point of view one should not expect substantial parliamentary influence in Britain. Yet recent developments suggest the emergence of a new convention. Examining parliamentary debates during the run-up to the votes on Libya and Syria, this contribution shows that the scope and contents of this convention remain contested. Specifically, there is disagreement about the kind of operations that ought to be exempt from the rule, questions of parliamentary procedure that favour the executive and, crucially, the proper timing of substantive votes. Nonetheless, parliament has emerged from the vote on Syria as an informal veto player on decisions regarding war involvement. However, whether MPs will exercise their veto power in prospective cases will depend on the preference distribution in the legislature and the nature of the proposed deployment.     

Judicial Responses to Counter-Terrorism Law after September 11

The role of the courts is quite important, especially in the protection of individual rights and liberties. Many counter-terrorism policies implemented at the national level often infringe on these rights, and courts are the best line of defense against these violations of liberty. However, courts do not always rule in favor of liberty, sometimes ruling in favor of a strict government policy. This analysis seeks to explain the conditions that may lead courts to rule in favor of, or against, the government, arguing that political fragmentation is a potentially key factor in determining when particular case outcomes occur.     

RegData: A numerical database on industry‐specific regulations for all United States industries and federal regulations, 1997–2012

We introduce RegData, formerly known as the Industry‐specific Regulatory Constraint Database. RegData annually quantifies federal regulations by industry and regulatory agency for all federal regulations from 1997–2012. The quantification of regulations at the industry level for all industries is without precedent. RegData measures regulation for industries at the two, three, and four‐digit levels of the North American Industry Classification System. We created this database using text analysis to count binding constraints in the wording of regulations, as codified in the Code of Federal Regulations, and to measure the applicability of regulatory text to different industries. We validate our measures of regulation by examining known episodes of regulatory growth and deregulation, as well as by comparing our measures to an existing, cross‐sectional measure of regulation. Researchers can use this database to study the determinants of industry regulations and to study regulations’ effects on a massive array of dependent variables, both across industries and time.