Sharing Isn't Easy: When Separate Institutions Clash

There is a lively debate in the United States about how the president and Congress do and ought to relate, and about the significance of recent clashes between the two over control of the bureaucracy. This article focuses on the causes and consequences of increased congressional (and presidential) review and specification of administrative behavior. It examines congressional oversight behavior, micromanagement by Congress, struggles over control of regulations and interpretations of statutes, and efforts by the White House to increase its control over appointments to executive positions. The article concludes with an overview of the sources of tension between the two institutions and an analysis of the conditions under which they could more successfully share power.     

State Power and Ideology in Britain: Mrs Thatcher's Privatization Programme

State-centred theory, a leading exemplar of the new institutionalism, assumes the separation of state from society and objectivity from subjectivity. This epistemological stance supports a structural analysis which holds that the state is an actor in its own right, that the state has distinctive interests, and that state capacity depends on strong institutions and weak societal opposition. Yet the case of the Thatcher governments'ideologically motivated privatization programme challenges the statists'hypotheses and epistemology. Rather, the making of British privatization policy supports the view that the way political actors form and use ideas is important in explaining state power and in defending the liberal democratic vision of mankind as the maker of history.     

Who has led Russia? Russian regional political elites, 1954 – 2006

Quantitative measures are used to compare the age, tenure, gender and change of political elites in 18 Russian regions from 1954 to 2006. The study finds more similarities than differences between regional elites from the Soviet era and from the post-Soviet Russian era. The Russian regional political elite since 1992 is actually older than the Soviet elite and resembles it quite closely in terms of years in office and turnover, comparing both the total time spans of the elites of each era and at 10-year intervals from 1956 through to 2006. Even in relation to differences by region and gender since 1992, there has been a re-emergence of a regional political establishment in a similar pattern to that of the Soviet era.     

The new consumer and business protection regulations: another string to the brand owner's bow?

Legal context: This article assesses the impact of The Consumer Protectionfrom Unfair Trading Regulations 2008 (CPRs) (implementing theUnfair Commercial Practices Directive) and The Business. Protectionfrom Misleading Marketing Regulations 2008 (BPRs) (implementingthe consolidated and codified Misleading and Comparative AdvertisingDirective) on areas of marketing and advertising in which IPrights often become involved and the impact of the recent ECJdecisionon their application in the O2 v Hutchison 3G referencebythe Court of Appeal. Key points: The CPRs govern advertising and promotional activities aimedat consumers. Much of the consumer and business protection legislationpreviously scattered amongst various Acts has been repealedand replaced by elements of the BPRs or CPRs. In total, 36 Regulationsand Orders and 41 Acts are affected. The BPRs now govern misleadingmarketing and comparative advertising, previously dealt withunder the Control of Misleading Advertising Regulations 1988.The article looks at how these Regulations may be applied insituations which interested parties currently attempt to resolveusing trade mark or passing off laws. Practical significance: The new Regulations are aimed at the protection of consumersand businesses from unscrupulous marketing and trade promotionpractices which affect their economic behaviour. Thirty-onepractices are specifically identified as automatically fallingfoul of the Regulations. Businesses will need to review theirpractices to avoid the possibility of criminal penalties includingfines and imprisonment for consenting, conniving, or recklessofficers of businesses involved in such practices. Until the ECJ decision in O2 v Hutchison 3G, it had been thought(from Jacob LJ's finding in his reference to the ECJ in thiscase) that trade mark law had no role to play in comparativeadvertising as it was specifically provided for under the ComparativeAdvertising Directive and hence under the BPRs. Since thesedid not provide an individual right of action (the OFT or TradingStandards alone may enforce), it left trade mark owners withlittle muscle in comparative advertising situations. However,the ECJ made clear that where practices fail to satisfy thecriteria set out in the Directive for legitimate comparativeadvertising, trade mark law may be invoked as a remedy. Thiswill be a relief to major brand owners for whom comparativeadvertising is commonly a concern.     

Informed voters and electoral outcomes: a natural experiment stemming from a fundamental information-technological shift

Public Choice - Do informed electorates choose better candidates? While that question is straightforward, its answer often is elusive. Typically, candidate-quality information is neither salient...