Learning to Dispute: Repeat Participation,Expertise, and Reputation at the World Trade Organization

This mixed-method analysis examines the effects of repeat participation on disputing at the World Trade Organization (WTO). Differences between disputants in terms of their experience with WTO disputing processes affect the likelihood of a dispute transitioning to a panel review in distinct ways, depending upon the configuration of the parties. More experienced complainants tend to achieve settlements, while more experienced respondents tend to refuse conciliation. Strategies of experienced respondents are derived from the expertise generated from repeated direct participation and the normalcy of disputing for repeat players as well as the benefits accruing from a reputation for being unlikely to settle. Repeat players also seek to avoid disputes expected to produce unfavorable jurisprudence but do not actively try to create new case law through the selection of disputes. This research demonstrates a dynamic learning process in how parties use international legal forums and thus extends sociolegal scholarship beyond the nation-state.     

Education Funding in a Recentralizing Democracy: A Cautionary Tale of Four Brazilian Cities

The administration of President Fernando Henrique Cardoso enacted measures to constrain subnational politicians in a newly democratized and highly decentralized federal system. Lacking sufficient accountability at the subnational level, the central government attempted to increase its control of educational funding and minimize local discretion over educational spending. These reforms constrained the distribution of intergovernmental transfers, but entrusted the disbursement of educational spending to local oversight. This article argues that while the constraints protected the federal treasury from predatory practices, the local oversight did not protect educational spending from mayoral discretion. This argument is based on an analysis of initial reform implementation in four municipal school systems. The mayors responded to the federal initiatives in a variety of ways, but these were based on the requirements of their own political survival. The four cases thereby become studies in how one effort to recentralize democracy is working in Brazil.     

How Foreign Aid Can Foster Democratization in Authoritarian Regimes

Donors in recent years have made some foreign aid conditional on progress toward democracy. This study investigates whether and how such conditionality works in practice. The promise of higher aid if the country democratizes only provides an incentive for democratization for political leaders who expect to remain in office after democratization occurs. I show that dictators with large distributional coalitions, who have a good chance of winning fair elections, tend to respond to aid by democratizing. In contrast, aid helps dictators with the smallest distributional coalitions hang on to power. I present a model that shows a dictator's decision calculus, given different a priori support coalitions and varying degrees of aid conditionality, and test the model implications with data from 190 authoritarian regimes in 101 countries from 1960 to 2002.     

Leadership and Economic Theories of Nonprofit Organizations

Economic theories of nonprofit organizations (NPOs) have modified standard economic assumptions to explain altruism and nonprofit entrepreneurship but have neglected their dependence on leadership due to the traditional reluctance of economists to consider phenomena associated with preference change. The relevance of Hermalin's (1998 ) model of leadership by example and Casson's (1991 ) theory of leadership through moral manipulation are considered within an NPO context where leaders seek to influence stakeholder commitments to the organization's quest. The propositions Elster (1998 ) advanced with regard to the relationship between the emotions and decision making are then applied in a theory that explains how NPO leaders can develop a culture of hope that maintains the quality control and product differentiation advantages claimed for these organizations. It is argued that policymakers should consider the dependence of NPOs on the quality of leadership when choosing the organizational mechanism for social service delivery.     

Measuring Judicial Performance in Latin America

An increasing number of development scholars and policymakers are recognizing the importance of Latin American judicial reforms in shaping the ultimate outcome of the region's "dual transition." We can hardly begin to assess the conditions in which judicial systems are likely to improve, however, unless we have a means to measure judicial performance systematically across countries. This article offers just such a comprehensive cross-national measure of judicial performance for Latin America. Drawing from a survey of Latin American legal scholars and practitioners from 17 countries in the region, it seeks to establish a more valid, and therefore more useful, assessment of the performance of Latin American judiciaries than existing measures, in order to advance efforts to understand the causes and consequences of effective judicial reforms in the region.     

Is outcome fairness used to make procedural fairness judgments when procedural information is inaccessible?

In a study of relocation decisions at seven different sites, procedural fairness was shown to be more sensitive to outcome fairness when respondents had less time to gather information about decision procedures. We interpret this finding to show that inaccessibility of information about decision procedures moderates the influence of outcome fairness judgments on procedural fairness judgments, such that outcome recipients rely more heavily on outcome fairness as a basis for forming procedural fairness judgments when information about decision procedures is not available. A second, laboratory study is reported that confirms the information inaccessibility explanation in the first study. When procedural information is available, procedural characteristics may be the primary bases for procedural fairness judgments, but when such information is unavailable, procedural fairness will likely be more sensitive to self-interest concerns. Future research should therefore take contextual factors such as accessibility to procedural information into account, given that there are likely to be differences on that dimension between organizational settings on the one hand and legal, political, and dispute resolution settings on the other. Information about decision procedures, generally accessible in legal, political, and dispute resolution settings, is often much less accessible in organizations.