Examining Legislative Cue‐Taking in the US Senate

We examine congressional cue‐taking theory to determine its extent, conditionality, and various forms in the US Senate. Using a novel data‐collection technique (timed C‐SPAN footage), we focus on temporal dynamics via event history analysis. Examining the effects of senator characteristics across 16 votes from the 108th Congress, we find that committee leadership and seniority generally predict cue‐giving, while other types of characteristics predict cue‐giving on certain types of votes. Our results underscore the importance of considering the order and timing of voting when studying congressional behavior.     

Understanding public agency communication: the case of the Swedish armed forces

This article suggests a diagnostic framework of public communication intended to capture new communication strategies used by Armed Forces across Europe to legitimize new tasks and recruit new personnel. Three distinct communicative models that impact differently on democratic values and public support are suggested: an Old Public Administration (OPA) model influenced by bureaucratic values, a New Public Management (NPM) model fuelled by market values and a deliberative model labelled ‘New Public Service’ (NPS) that is largely influenced by proponents of ‘e‐democracy’. A case study of the communication of the Swedish Armed Forces identifies a lingering bureaucratic (OPA) ideal. The market ideal (NPM) however clearly dominates. The article concludes that communication along market purposes, principles and practices risks distancing Armed Forces further from society. Yet, an embryonic deliberative ideal (NPS)—much fuelled by the use of social media such as blogs—was also identified. This growing ideal holds the potential of infusing deliberative vigor into the organization and presumably facilitates the bridging of the gap to society. Copyright © 2014 John Wiley & Sons, Ltd.     

Toward a Signaling Explanation of the Private Choice of Corporate Law

Corporate actors can choose their corporate domicile and haveconsiderable freedom to choose terms in corporate charters.Although contractarian corporate law literature almost alwaysanalyzes the private choice of corporate law through the lensof agency costs, this article considers the choice for its informationalcontent. A particular law may be chosen by an entrepreneur notbecause it reduces agency costs, but because it signals qualityto outside investors. The article considers the choice of aDelaware domicile. Higher expected litigation costs for relativelylow quality firms that accompany a Delaware domicile could implythat choosing Delaware signals a relatively high quality firm.Alternatively, the size and structure of the franchise tax inDelaware could give rise to a signal of quality from locatingthere. The article considers the ambiguous welfare implicationsof the signaling analysis and the debate over mandatory versusenabling rules in corporate law. It also suggests how the signalinganalysis might apply to the debate over the private choice ofa securities regulation domicile.     

Alternatives to trusts: a brave new world?

The UK's changes in the taxation of trusts have not inspiredconfidence in the long-term tax treatment of trusts in the UKand practitioners are considering new alternative mechanisms.The author examines the alternatives.     

The Dissemination of Detainees Awaiting Trial Before International and Internationalized Criminal Tribunals

This paper will focus on the rights attributed to detainees who are facing charges before international and internationalized criminal courts. The question is whether their position merits a different approach compared to the position of detainees who are confronted with domestic criminal trials. In particular, this paper will address the question whether, and to what extent, international human rights have a direct effect on the position of the former detainees. Attention will focus on case law of the European Court of Human Rights vis-a-vis the rights of detainees and the impact thereof on the position of detainees who are held in custody on behalf of international and internationalized criminal courts. The author is Professor of International Criminal Law at Utrecht University (The Netherlands), defence counsel acting before the ICTY, ICTR and SCSL, and a partner of the law firm Knoops & Partners Advocaten in Amsterdam, the Netherlands.