Accountability and Coercion: Is Justice Blind when It Runs for Office?

Through their power to sentence, trial judges exercise enormous authority in the criminal justice system. In 39 American states, these judges stand periodically for reelection. Do elections degrade their impartiality? We develop a dynamic theory of sentencing and electoral control. Judges discount the future value of retaining office relative to implementing preferred sentences. Voters are largely uninformed about judicial behavior, so even the outcome of a single publicized case can be decisive in their evaluations. Further, voters are more likely to perceive instances of underpunishment than overpunishment. Our theory predicts that elected judges will consequently become more punitive as standing for reelection approaches. Using sentencing data from 22,095 Pennsylvania criminal cases in the 1990s, we find strong evidence for this effect. Additional tests confirm the validity of our theory over alternatives. For the cases we examine, we attribute at least 1,818 to 2,705 years of incarceration to the electoral dynamic.     

A Question of Morality: Artists' Values and Public Funding for the Arts

In 1989, the combination of art, religion, homosexuality, ana¹ public dollars set off an explosive two-year battle and a decade of skirmishes over funding for the National Endowment for the Arts. To promote artistic freedom and to avoid political controversy, federal arts policy delegates specific funding decisions to private donors and arts professionals. In an era of morality politics—hot-button issues driven by deeply held beliefs rather than by expertise—that strategy no longer works. Artists, donors, and arts audiences diverge widely from the rest of the American public in their attitudes toward religion, sexual morality, and civil liberties, as General Social Survey data show. Delegating funding decisions to them has naturally led to some subsidies of art offensive to important segments of the population.     

Commissions of inquiry and policy change: Comparative analysis and future research frontiers

Canadian governments have spawned hundreds of federal and provincial commissions of inquiry (COIs). Many scholars have completed in‐depth analysis of particular COIs but less attention has been paid to policy impact and comparisons across COIs. This study addresses the following questions. What role do COIs play in policy change? Would policy change likely have occurred without the COI? Why do some COIs result in policy change and others do not? This analysis reports on findings from in‐depth case studies of ten COIs. It uses a theoretical framework focusing on ideas, institutions, actors and relations to examine whether and how COIs lead to policy and administrative change.     

Swampwalls: dark matter and the lumpen army of art

Dominant notions of contemporary art are being overturned not by some radical avant-garde theory or movement, but instead by an “uprising” from within the confines of the “art factory,” as well as by newly embodied instances of informal everyday creativity that high culture has long overlooked. Theorists Negt and Kluge might have described this insurrection as the partial unblocking of a counter-public or proletarian sphere: a realm of fragmented identities and working class fantasy generated in response to the alienating conditions of capitalism. A more specific cultural interpretation suggests this mutiny from within and assault from below is the irrepressible brightening of “creative dark matter:” that marginalized and systematically underdeveloped aggregate of creative productivity, which nonetheless reproduces the material and symbolic economy of high culture. The results are explosive, or at least potentially so as this long, pent-up shadow archive spills out into the once forbidden dwelling place of mainstream law and order and high cultural privilege. Meanwhile, a new wave of socially engaged art is thriving on the margins of the art world. Like an enormous production warehouse this “post-public” creativity is developing sustainable farming, reenacting historical labor demonstrations, providing public services lost to decades of deregulatory economic policy, and initiating local bartering systems and environmental cleanups. Its vitality is something Joseph Beuys could have only dream about. And not surprisingly even this “autonomous” and “Interventionist” art is selectively becoming part of the mainstream culture industry through what Gilles Deleuze describes as an “apparatus of capture.” Nevertheless, one result of this new confrontation reveals this vibrant imaginary “from below” is pushing artistic production, pushing also discourse, pedagogy and cultural institutions into radically re-thinking definitions and possibilities not only involving the possibilities of contemporary avant-garde art practices, but also about the very nature of creativity, democracy, and political agency more broadly.