Transgender Family Law

Transgender people face unique issues in parentage, custody, and divorce cases. Many transgender people are raising children or wish to do so. This article examines the main legal issues facing transgender people who become parents by giving birth or impregnating a partner, through assisted reproduction, through marriage, by raising a child, or through adoption. In the past, some courts viewed a parent's gender transition as a sufficient reason to terminate parental rights. Today, the law has shifted to provide much more security for transgender parents, though significant bias still remains, particularly in divorce and child custody cases. In addition, many states have not yet fully addressed how to determine the legal parentage of children born through assisted reproduction. I analyze the legal landscape for transgender parents and spouses and offer critical suggestions to ensure that transgender people are able to protect their families and their parental rights.     

Book Review: How Mediation Works: Theory,Research, and Practice by Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn‐Brenneur,With Nancy H. Rogers

This is a book review of How Mediation Works: Theory, Research, and Practice by Stephen B. Goldberg, Jeanne M. Brett, Beatrice Blohorn‐Brenneur, with Nancy H. Rogers. How Mediation Works is intended for a wide range of audiences: practicing mediators; aspiring mediators; those who may refer cases to mediation; participants in mediation, including parties and attorneys; managers who facilitate disputes; and those interested in mediation without a specific plan to engage in the practice (who the authors call “mediation learners”). The book is a well‐written, thoughtful, easy‐to‐read, organized, and concise overview of mediation practice. The book is divided into six chapters: (1) conflicts, disputes, and their resolution; (2) dispute resolution processes; (3) the roles of the mediator and the disputing parties at each step of the mediation process; (4) dealing with difficulties; (5) mediation and the law; and (6) suggestions for aspiring mediators. Though not an authority for family law mediation, the book provides many insightful observations and suggestions that would be instructive and helpful to any mediator or individual with an interest in mediation.     

Revisiting the Character of Congress

SUMMARY

This article examines how character assessments affected the electoral fortunes of incumbent members of the U.S. House of Representatives during the period from 1966-1996. The findings of several linear regressions suggest that party affiliation constrains both when voters react to allegations of scandalous behavior and how they react to different kinds of allegations. The electoral cycle assists incumbent members who have engaged in scandalous behavior escape retribution from their constituents, allowing the majority to be reelected. Also reviewed are findings from the 1998-2002 timeframe. It concludes that voters do concern themselves with character issues, but that the party affiliation of the member and the type of scandal work in concert with the electoral process to mitigate the negative impact on the vote.     

The British general election of 2010 under different voting rules

The 2010 British election resulted in what the British refer to as a “hung Parliament” for the first time in over a generation. This result further heightened the debate over the fairness and utility of the nation’s centuries-old first-past-the-post (FPTP) system. Survey data are used to simulate the election outcome under four different electoral systems beyond FPTP: round-robin pair-wise comparisons, the Borda count, the alternative vote, and Coombs' method. Results suggest that in 2010, the Liberal-Democrats were Condorcet preferred to all other parties and would have won a national election under every tested method except the alternative vote, the method supported by the Liberal-Democrats during the referendum in May 2011 and, of course, FPTP as actually used.     

Realising the Public Person

In response to a crisis of representative democracy in many Western countries, (local) governments have introduced instruments to circumvent political parties in order to establish more direct links between citizens and governments. One of these instruments is rendering electoral systems more personal, that is by giving more weight to preferential voting. Preferential voting is important since it constitutes a major element of the personal vote and it determines whether parties or voters are the main decision-makers in designating representatives. We have investigated, in relation to the local elections in Flanders (Belgium), in what kind of municipalities voters are most likely to cast a preferential vote, whether the electoral reform granting voters more power has had an effect, and if it has had an effect, in what kind of municipalities. We have put forward five groups of explanatory variables: socio-demographic, political, social capital, geographic and ballot form variables. Our analysis shows that variables from each group correlate significantly with the percentage of preferential votes, with population density and electronic voting as most important variables. A comparison between the 1994 and 2006 elections often yields the reverse picture: characteristics of municipalities that have a positive effect on the percentage of preferential votes cast have a negative impact on the evolution of preferential voting and vice versa (electronic voting being an exception). This results in the only obvious effects of the electoral reform being seen in urban municipalities, because elsewhere local politics was already to a large extent personalised by politicians being locally known. We could conclude that in these rural municipalities the electoral reform was superfluous.     

Not all election winners are equal: Satisfaction with democracy and the nature of the vote

It is well known that individuals who voted for the winning party in an election tend to be more satisfied with democracy than those who did not. However, many winners deviate from their first choice when voting. It is argued in this article that the mechanisms that engender satisfaction operate less forcefully among such winners, thereby lessening the impact of victory on satisfaction. Results show that the gap in satisfaction over electoral losers among these ‘non‐optimal winners’ is, in fact, much smaller than that of ‘optimal winners’, who voted in line with their expressed preferences. A win matters more for those who have a bigger stake in victory. The article further explores how the effect of optimal victory on satisfaction varies across electoral systems.     

Capturing vote-seeking incentives and the cultivation of a personal and party vote

Electoral rules establish incentives that encourage candidates to strike a particular balance between cultivating their own personal reputations and cultivating shared party reputations. Higher levels of intraparty competition stress the need for an individual reputation and minimize the usefulness of a shared, party reputation. We develop a new indicator of intraparty competition that addresses shortcomings pointed out in previously used indicators. We also identify new, particularly intuitive indicators of ”personal” and ”party” vote seeking. Using within-system and across-system variation in parliamentary elections in Japan, we find that candidate manifestos contain more frequent uses of first-person pronouns and candidate names and fewer references to political parties when intraparty competition is stiffest.     

The conditional effect of personal vote-seeking behaviors on MPs electoral performance: Evidence from an open-list PR system

Considerable research argues that voters reward personal vote-seeking behaviors. The expected electoral gain would be the primary driver of MPs' action. Nevertheless, empirical evidence is scarce, and the findings do not always match the theoretical expectations. This article examines the electoral impact of personal vote-seeking behaviors, arguing in favor of integrating party electoral performance into the models. I also propose a new measure of electoral performance based on the evolution of MPs electoral results. Drawing on data from Finland, the findings globally support the theoretical arguments. MPs benefit from personal vote-seeking behaviors, primarily when their party improves its results. The findings have important implications for our knowledge of the personal vote and, more generally, the personalization of politics.     

论WTO决策机制

WTO的决策机制是指WTO对有关事项诸如条文的解释、修改、义务的豁免以及接受新成员、贸易争端的解决等作出决定的机制。WTO的决策机制十分重要,因为它直接涉及到与这些事项相关的各成员的权利与义务。从WTO决策机制与国家主权、协商一致机制和投票表决机制三个方面进行了分析,并指出了WTO决策机制的缺陷与不足,旨在为WTO决策机制的改进与完善作出努力。     

Comparisons among electoral systems: Distinguishing between localism and candidate-centered politics

Carey and Shugart (1995) offer a four component composite index of “incentives to cultivate a personal vote.” We argue that this index, while tapping important aspects of electoral system choice, is best regarded as encompassing two distinct dimensions: degree of party-centeredness of the electoral system, on the one hand, and incentives for “parochial” behavior on the part of legislators, on the other. Also, while we have no problem with the three indicators used by Carey and Shugart to measure party-centeredness; to measure parochial incentives we prefer to use a new measure, E (Grofman, 1999a) of the size of a legislator's electoral constituency, rather than using district magnitude, m, as a proxy for a the size of a legislator's geographic constituency, as Carey and Shugart do. In the conclusion to the paper we argue that the degree of similarity between any two electoral systems will depend upon the research question at issue, and that the expected degree of proportionality of election results is only one of the many political consequences of electoral laws to which we ought to be paying attention.