Bicameralism and majoritarian equilibrium

Recent papers have established that bicameralism can support a non-empty core in majority voting games in two dimensional policy spaces. We generalise this result to the n-dimensional case, and provide a discussion of multi-cameralism. Bicameralism generates a core of potentially stable equilibria by institutionalising opposition between mutually oriented median voters, this provides a clear link with the standard median voter model and with more traditional analyses of bicameralism.An earlier version of this paper (Brennan and Hamlin, 1990), written in ignorance of the work of Hammond and Miller (1987, 1990), benefited from comments at the Public Choice Society meetings, Tucson; the European Public Choice Society meetings, Meersburg; the Center for Study of Public Choice, and the Universities of Chicago and Oxford. Hamlin is grateful for the support of visiting fellowships at ANU and All Souls College, Oxford.     

Author Index of Volume 15

Authors Index

Author Index of Volume 15     

Editorial introduction to the China–EU Law Journal special issue on the EU–China Investment Treaty in Interdisciplinary Perspective

China-EU Law Journal -     

Signaling and Counter‐Signaling in the Judicial Hierarchy: An Empirical Analysis of En Banc Review

We leverage the institutional features of American courts to evaluate the importance of whistleblowers in hierarchical oversight. Drawing on a formal theory of signaling in the judicial hierarchy, we examine the role of whistleblowing dissents in triggering en banc review of three‐judge panels by full circuits of the Courts of Appeals. The theory generates predictions about how dissent interacts with judicial preferences to influence circuits' review and reversal decisions, which we test using original and existing data. First, we show that judges who dissent counter to their preferences are more likely to see their dissents lead to review and reversal. Second, we show that dissents are most influential when the likelihood of non‐compliance by a three‐judge panel is highest. Our results underscore the importance of dissent in the judicial hierarchy and illustrate how judicial whistleblowers can help appellate courts target the most important cases for review.     

Effective Practitioner–Scholar Relationships: Lessons from a Coproduction Partnership

This article presents a continuum of possible coproduction arrangements between scholars and practitioners and suggests that greater engagement is necessary to bridge the commonly cited problems that create the gap between research and practice. Reflections on an Australian case of a major public sector coproduction partnership, the highest degree of interaction on the continuum, are used to argue that successful engagement between practitioners and scholars is possible, while also recognizing the difficulties inherent in this process. The benefits and challenges of this partnership are presented, as well as critical factors that drive effective relationships. Lessons are drawn for the development of future coproduction partnerships, including the importance of recognizing that both scholars and practitioners are, in fact, researchers.     

Reading Václav Havel in the Age of Trump

This paper explores the explicit self-deprecation in Vaclav Havel’s writings in order to outline a unique contribution to thinking about resistance contained in Havel’s oeuvre. What Havel offers is a timely critique of messianic political gestures. I will focus on how Havel’s self-deprecation offers a subtle but significant critique of western politics which also contains the kernal of a virtue ethics of sorts, instead of a blueprint for radical action. I will also explain the important and related critique of messianic politics entailed in Havel’s thought and outline the significance of this critique for the current political climate.     

The role of community in facilitating service utilization

Guided by an integrated theory of parent participation, this study examines the role community characteristics play in influencing a parent's decision to use voluntary child abuse prevention programs. Multiple regression techniques were used to determine if different community characteristics, such as neighborhood distress and the community's ratio of caregivers to those in need of care, predict service utilization levels in a widely available home visiting program. Our findings suggest that certain community characteristics are significant predictors of the extent to which families utilize voluntary family supports over and above the proportion of variance explained by personal characteristics and program experiences. Contrary to our initial assumptions, however, new parents living in the most disorganized communities received more home visits than program participants living in more organized communities. The article concludes with recommendations on how community capacity building might be used to improve participant retention.     

“To This Day She Continues to Struggle with the Terror Imposed upon Her”: Rape Narratives in Victim Impact Statements

This study locates the victim impact statements of raped women in the sociolegal context of significant sentencing law reforms introduced in Canada to address an ascendant victim’s rights movement. We examine 38 reported sentencing decisions in sexual assault cases in Ontario, Canada (1999–2010). Our objectives are to discern (a) whether the archetype of the ideal victim continues to influence juridical discourse after conviction and (b) what narratives of harm intersect with sentencing objectives and aggravating factors. Our findings suggest women express profound fear of re-victimization and traumatic effects of sexual violence regardless of the relational context of their rape experience. Most surprisingly, our data show sentencing judges view the sexual assault of an intoxicated rape victim as an aggravating factor. Future consideration for victim impact statements in sexual assault cases is discussed.     

Virtue and the Law: The Good Moral Character Requirement in Occupational Licensing,Bar Regulation,and Immigration Proceedings

Character plays a crucial role in US law. This article explores flaws in how moral character requirements determine who can work in licensed occupations, who can practice law, and who can immigrate to the United States or become a citizen. Section I summarizes psychological research on character, which raises questions about a central legal premise that individuals have a settled disposition capable of accurately predicting their behavior independent of situational influences. Section II examines the role of moral character as an employment credential. Almost a third of the workforce is covered by licensing laws that typically require proof of good character and often unjustly penalize the seventy million Americans with criminal records. Section III examines the idiosyncratic and inconsistent application of moral character requirements for lawyers. Section IV focuses on similar flaws in immigration contexts. Section V identifies reform strategies to improve the fairness of character‐related decisions in the law.