The American jail: Problems,politics, prospects

Discussions of America’s local jails inevitably center around their plethora of problems. Not only are these problems pervasive, but they are also enduring. Numerous proposals have been advanced to improve jail conditions and operations. Most have failed to such an extent that some scholars have speculated that jails are simply immune to reform. It is the contention of this article that most of the problems facing contemporary jails are rooted in the uniquepolitical nature of the jail as an organization. Consequently, serious efforts to affect change in jail conditions must recognize the limited options placed upon jail reforms by the political environment, or they must originate from outside the local political setting.     

Electoral reform and public policy outcomes in Thailand: the politics of the 30-Baht health scheme

How do changes in electoral rules affect the nature of public policy outcomes? The current evidence supporting institutional theories that answer this question stems almost entirely from quantitative cross-country studies, the data of which contain very little within-unit variation. Indeed, while there are many country-level accounts of how changes in electoral rules affect such phenomena as the number of parties or voter turnout, there are few studies of how electoral reform affects public policy outcomes. This article contributes to this latter endeavor by providing a detailed analysis of electoral reform and the public policy process in Thailand through an examination of the 1997 electoral reforms. Specifically, the author examines four aspects of policy-making: policy formulation, policy platforms, policy content, and policy outcomes. The article finds that candidates in the pre-1997 era campaigned on broad, generic platforms; parties had no independent means of technical policy expertise; the government targeted health resources to narrow geographic areas; and health was underprovided in Thai society. Conversely, candidates in the post-1997 era relied more on a strong, detailed national health policy; parties created mechanisms to formulate health policy independently; the government allocated health resources broadly to the entire nation through the introduction of a universal health care system, and health outcomes improved. The author attributes these changes in the policy process to the 1997 electoral reform, which increased both constituency breadth (the proportion of the population to which politicians were accountable) and majoritarianism.     

On revolt and endogenous economic policy in autocratic regimes

Numerous empirical studies have investigated the direction of causality between democracy and economic growth (as well as the level of income per capita), but this empirical work has been paralleled by relatively few theoretical models that endogenize the institutional structure of the regime. Moreover, the different types of autocratic regimes have received relatively little attention. This paper develops a game-theoretic model of endogenous economic policy in autocratic regimes facing a revolt or an insurgency. In this model, there are three players: the regime, the rebels, and the masses. There are three stages in the game. In the first stage, the regime determines the level of infrastructure and the tax rate. In the second stage, the masses allocate their time between production and helping the rebels. In the third stage, the regime and the rebels simultaneously choose their fighting effort levels in a contest, in which the probability of survival of the regime is determined. It is found that autocratic regimes facing a revolt endogenously sort themselves into “tinpot” regimes that maximize their consumption at the cost of their survival, and (weak and strong) “totalitarian” regimes that maximize their probability of survival at the expense of their consumption. Empirical implications of the model are derived, and the relevance of the model to public policy is discussed.     

Assessing the Risk Posed by Terrorist Groups: Identifying Motivating Factors and Threats

While terrorist organizations have been analyzed for their motivations and tactics, little has been done to develop a systematic understanding of what makes some groups more dangerous than others. Knowing what makes some groups more threatening than others, or what conditions can influence a single group to become more or less of a threat, would help governments to prioritize resources during counterterrorism efforts. Using an approach similar to Ted Robert Gurr's assignment of a risk score to identify impending minority group rebellion, this article develops and tests a set of terrorist organizational characteristics. A two-phased approach is used. First, the authors identify key characteristics that could be anticipated to drive groups to be more active or deadly. The characteristics were identified and measured for terrorist groups for 1990–1994. The authors test group characteristics against subsequent group violence intensity from 1995 to 1999. Findings indicate that some group characteristics, such as religious ideology and group size, are important to understanding a group's relative level of violence. Though the study focused on a relatively short period of time, the findings indicate that a more comprehensive study of the impact that group characteristics have on violence levels would be a worthwhile undertaking.     

Injunctions and the Public Interest in Fair Use Cases After eBay

The indeterminacy of the fair use doctrine can frustrate those who wish to use copyrighted material to create something new. When coupled with the ready availability of injunctive relief for plaintiffs in infringement suits, this uncertainty can cause a chilling effect that prevents artists, scholars and others from asserting their fair use rights to the fullest. This article examines procedural changes regarding the award of injunctions that were mandated by the Supreme Court of the United States in eBay, Inc. v. MercExchange, L.L.C. and extended to copyright cases by the Second and Ninth United States Circuit Courts of Appeals. It concludes that the procedural safeguards instituted in these cases will help shift the balance of power in fair use cases away from copyright plaintiffs to protect defendants with credible fair use claims and better serve the public interest.