Contested or established? A comparison of legislative powers across regimes

In research on authoritarian institutions, legislatures are portrayed as capable of resolving dilemmas between the leader and opposition members. Nevertheless, repeated interactions between a leader and their ruling coalition can lead to both contested dictatorships, in which institutions constrain the leader, and established dictatorships, in which the leader exercises near-complete control. To date, however, no one has examined the patterns by which powers vary across legislatures in different settings and over time. Using data from the Varieties of Democracy Project on legislative powers between 1900 and 2017, we conceptualize changes in the powers afforded to the national congress to characterize the development of regimes in either direction. The study expounds on the content of legislatures across regimes and the ways in which they change, encouraging scholars to further consider the relationship between regime dynamics and legislative institutionalization.     

Who are Refugees?

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all who are unable to meet their basic needs on their own as ‘refugees’, and to extend to them the sorts of protections established under the United Nations Refugee Convention. Such an approach would expand the traditional refugee definition significantly. Unlike most academic commentators discussing this issue, I reject calls for an expanded refugee definition, and instead defend the core elements of the definition set out in the 1967 Protocol to the United Nations Refugee Convention. Using the tools of moral and political philosophy, I explain in this article how the group picked out by this definition has particular characteristics that make refugee protection distinctly appropriate for it. While many people in need of assistance can be helped ‘in place’, in their home countries, or by providing a form of temporary protected status to them, this is not so, I show, of convention refugees. The group picked out by the UN refugee definition is a normatively distinct group to whom we owe particular duties, duties we can only meet by granting them refuge in a safe country. Additionally, there are further practical reasons why a broader refugee definition may lead to problems. Finally, I argue that rejecting the call for a broader definition of refugees will better help us meet our duties to those in need than would an expanded definition.     

Exporting Court Innovation from the United States to Continental Europe: Compatibility between the Drug Court Model and Inquisitorial Justice Systems

This paper explores the viability of the adoption of the American drug court model by European countries relying on inquisitorial justice systems, by focusing on the compatibility between key features of each. Discussion of the key features of the European inquisitorial systems focuses on their underlying ideologies and values. Discussion of the key features of the American drug courts is informed by data from a comprehensive nationwide survey of drug courts (the National Drug Court Survey).

The preference for rehabilitative goals, the very active judicial role of the judge, and the collaboration between defense and prosecution in inquisitorial systems are identified as elements highly conducive to the importation of drug courts. Treatment integration and the relative (in) flexibility to establish a legal framework for the operation of drug courts are identified as challenges to potential importation. Overall, there is a great deal of compatibility between key features of the drug courts in the US and key features of the inquisitorial systems of most European countries. This makes the adoption of drug courts in Europe a potentially viable response to illegal drug use and drug‐related crime.     

Comparative criminology in the era of neoliberal globalization

Public trust has become a critical issue in transitional societies, such as China and Taiwan, where the legitimacy and accountability of the government in general, and legal authorities in particular, have been frequently scrutinized. Based on nationwide random samples, this study tests the explanatory power of three theories, the social structural thesis, the institutional performance thesis, and the cultural thesis, in accounting for public trust in police in China and Taiwan. Results show that Chinese citizens have higher levels of trust in police than do Taiwanese. The higher level of Chinese trust, to a large extent, derives from greater confidence in macroeconomic conditions and satisfaction with government responsiveness. The performance thesis, thus, receives the strongest support. Results also show some support for the cultural perspective that traditional values, such as interpersonal trust, promote trust in police in both societies. Policy implications are provided for enhancing police legitimacy and facilitating police reform in China and Taiwan.     

Packing Heat: Attitudes Regarding Concealed Weapons on College Campuses

Gun violence at American colleges and universities has rekindled the debate surrounding concealed weapons on campus. This study examined college student and faculty opinions on two college campuses, focusing on their attitudes towards private citizens carrying concealed guns on campus. Data were collected during the fall 2008 and spring 2009, and over 2,100 students, staff, faculty, and administrators on the two campuses participated in the research. The results indicate over 70 % of respondents oppose the option of carrying concealed guns on campus. In addition, the idea of more guns on campus makes the majority of students and faculty feel less safe, and allowing concealed weapons serves to decrease the sense of campus safety. This study continues to empirically advance the argument that those who live, work, and study do not want more guns on campus. Further research in this area, including an expanded range of the nation’s college campuses, should be explored.     

Adventures in the Copyright Zone: The Puzzling Absence of Independent First Amendment Defenses in Contemporary Copyright Disputes

Copyright law, for most of its history, has been exempt from the requirements of the First Amendment free speech and press clauses. As copyright law has expanded in scope and duration, scholars have begun to raise questions about its First Amendment immunity. This essay examines the fundamental conflict between copyright doctrine and the First Amendment. Although courts have been quick to dismiss the application of free speech standards to copyright disputes, the proper relationship between these two areas of the law is less than clear. The essay explores the current understanding of the intersection of free speech and copyright, largely derived from the work of Professor Melville Nimmer. It analyzes the difficulties with two specific doctrines by which the Supreme Court of the United States has justified copyright's free speech immunity – the idea/expression dichotomy and the fair use doctrine – then concludes by offering a new approach to applying the First Amendment to copyright law in a more robust manner.     

Plea bargaining and appraisals of eyewitness evidence by prosecutors and defense attorneys

A sample of defense attorneys and prosecutors from matched California counties participated in a two-part study. Study 1A reports the results of a survey regarding how influential each of the 17 eyewitness factors is in affecting the accuracy of real eyewitness identifications. Generally, both attorney groups considered all eyewitness factors to be influential; on only 6 of the 17 factors were defense attorneys more likely than prosecutors to provide higher importance ratings. In Study 1B, the attorneys answered questions regarding their willingness to plea bargain after reading each of four scenarios in which (1) same- versus cross-race identification and (2) whether the perpetrator was familiar were experimentally manipulated. Both eyewitness factors influenced plea bargaining decisions, and effects were generally consistent for both attorney groups. Results confirm that plea bargaining decisions at least by defense attorneys are made ‘in the shadow of the trial,’ and that appraisals of the strength of eyewitness evidence play a significant role in these decisions.     

Free Speech Meets the Publicity Tort: Transformative Use Analysis in Right of Publicity Law

The intersection of intellectual property law and First Amendment concerns has become increasingly contested. The right of publicity has proven particularly difficult to reconcile with free speech values. Recently, some courts have begun importing a “transformative use” approach from copyright law to reconcile tensions between publicity rights and free expression. This article analyzes the problems with the transformative use doctrine and suggests the outlines of an alternative approach.     

The threat of ‘woolly-haired grandchildren’: Race,the colonial family and German nationalism

The German colonial world was marked by an ostensibly self-evident boundary between the white ruler and the black ruled that situated Europeans and indigenous peoples as diametrically opposed and socially discrete. This situation, however, was problematised by the gendered and sexualised interactions between European and indigenous society. The result was often a slippage between the administrative attempts to create recognisably ‘German’ families (perceived in racial terms), and the antinomian realities of human relationships that transgressed racial lines. This in turn gave rise to reproductive anxieties in the face of a new liminal population of ‘half-castes’ (Mischlinge) that refused the white–black, master–slave dialectic of the colonial ideal. Many historians have recently attempted to link the troubled history of race relations in German Southwest Africa to the later history of Nazi anti-Semitism and genocide, by focusing on the apparent continuities between the Holocaust and the Herero–Nama wars. However, an alternative genealogy for the Holocaust that refutes this genocidal continuity thesis is possible through an investigation of the origins and contents of the debates about the nature of the German colonial family and its relationship to German citizenship between 1904 and 1914.