The dynamics of issue competence and vote for parties in and out of power: An analysis of valence in Britain, 1979–1997

This article develops the reward‐punishment issue model of voting using a newly collated aggregate measure of issue competence in Britain between 1971 and 1997, revealing systematic differences between governing and opposition parties in the way citizens' evaluations of party competence are related to vote intention. Using monthly Gallup ‘best party to handle the most important problem’ and vote intention data, time series Granger‐causation tests give support to a classic issue reward‐punishment model for incumbents. However, for opposition parties this reward‐punishment model does not hold: macro‐issue competence evaluations are Granger‐caused by changes in vote choice or governing party competence. An explanation is offered based upon the differentiating role of policy performance and informational asymmetries, and the implications are considered for comparative studies of voting, public opinion and for political party competition.     

A deterrent to diversity: The conditional effect of electoral rules on the nomination of women candidates

Previous literature regarding the effects of electoral systems on candidate selection has implied a false dichotomy regarding proportional representation (PR) versus single member districts (SMD). This paper unpacks the category of proportional representation, and finds significant differences in the behavior of selectorates depending on their configuration of PR. Using both a natural experiment as well as an original data set comprised of 1095 party lists, I find that the type of proportional representation – i.e., whether or not the voters are allowed to pick a particular candidate from the party list – can have a significant effect on the number of women candidates selected to run for office. Further, I find that the strength of this effect depends on cultural gender norms; if a substantial segment of society believes that women are best in traditional roles, not as leaders, there is a significant, negative effect of the decisive intraparty preference vote on the nomination of women candidates.     

Voting at 16: Turnout and the quality of vote choice

Critics of giving citizens under 18 the right to vote argue that such teenagers lack the ability and motivation to participate effectively in elections. If this argument is true, lowering the voting age would have negative consequences for the quality of democracy. We test the argument using survey data from Austria, the only European country with a voting age of 16 in nation-wide elections. While the turnout levels of young people under 18 are relatively low, their failure to vote cannot be explained by a lower ability or motivation to participate. In addition, the quality of these citizens' choices is similar to that of older voters, so they do cast votes in ways that enable their interests to be represented equally well. These results are encouraging for supporters of a lower voting age.     

Voter preferences and party loyalty under cumulative voting: Political behaviour after electoral reform in Bremen and Hamburg

Many electoral systems constrain voters to one or two votes at election time. Reformers often see this as a failing because voters' preferences are both broader and more varied than the number of choices allowed. New electoral systems therefore often permit more preferences to be expressed. In this paper we examine what happens when cumulative voting is introduced in two German states. Even when we allow for tactical considerations, we find that the principle of unconstrained choice is not widely embraced by voters, although in practice, too, many seem to have preferences for more than just one party. This finding has implications for arguments relating to electoral reform as well as how to conceive of party affiliations in multi-party systems.     

ALL CHILDREN ARE NOT CREATED EQUAL: PRWORA'S UNCONSTITUTIONAL RESTRICTION ON IMMIGRANT CHILDREN'S ACCESS TO FEDERAL HEALTH CARE PROGRAMS

The lack of health insurance for children is a serious problem in the United States, especially for those children in families that earn too little to get private health insurance and too much to qualify for Medicare. Even within this subclass of children, immigrant children are particularly vulnerable to the problems faced by lack of health care. Nevertheless, with the passage of the Personal Responsibility and Work Reconciliation Act (PRWORA) by Congress, equality interests of low‐income immigrant children are undermined when immigrant children are denied federal benefits for the first 5 years of residency in the United States. The first part of this Note examines the importance of child health care and the long‐term problems with uninsured children, especially with uninsured immigrant children and pregnant women. The next part introduces Medicaid as well as State Children's Health Insurance Program, a supplemental federal program designed to increase health care coverage to all children, while contrasting these programs in light of the restrictive anti‐immigrant PRWORA provisions. The third part explains the passage of PRWORA, its anti‐immigrant provisions, and how these provisions prevent needy immigrant children from receiving federally funded health care. Then, the fourth part uses both the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment to argue the unconstitutionality of the anti‐immigrant provisions. Finally, the last part lays out the recommendation to amend the Social Security Act so that the PRWORA barriers can be removed and recent immigrant children can receive federally funded health care.     

论网络时代隐私权及其法律保护

随着网络规模的爆炸性扩张,计算机网络技术已经改变了人们传统的生存和生活方式,这也使得个人隐私权的保护受到前所未有的严峻挑战。个人数据被非法收集、储存、使用和传播的现象层出不穷,网络隐私权受到多方面的侵犯。我们应综合考虑目前的立法状况和网络时代侵犯隐私权的特征,借鉴他国的先进经验并结合我国具体国情,以国家立法与行业自律相结合的方式,全面保护公民的网络隐私权。     

人身搜查和场所搜查的比较--域外法治的简单考察

人身搜查和场所搜查都侵犯了公民的个人隐私权.二者的区别在于人身搜查可能危及的是以人的身体为载体的人身隐私,而对住处以及其他场所的搜查可能危及的是以空间为保障的信息性稳私.由此决定了法律制度对人身搜查和对场所搜查在程序规范方面的差别.     

论个人信息的行政法保护

行政主体收集、处理和利用个人信息是一种行政事实行为。我国应尽快制定个人信息保护法,明确信息主体有权要求行政机关不能随意处理个人信息,公开对其个人信息的收集和利用,规定个人信息保护的范围、原则、监督和救济制度。利益衡量是目前协调个人信息保护与行政信息公开的适当方法。     

面向电子政务的个人数据保护立法初探

政府部门在政务处理过程中经常需要收集和传播与个人相关的数据信息。本文在对电子政务中的个人数据侵权行为分析基础上,通过对国外个人数据保护的相关立法情况的考察,进而对我国面向电子政务的个人数据立法的原则进行了初步探讨。     

The majority vote rule and runoff primaries in the United States

The major parties in the United States use primary elections to select party candidates for general elections. While most employ a simple plurality vote rule for this purpose, some states, primarily southern, employ a majority rule that requires a runoff between the top two vote recipients if no candidate receives a majority in the initial primary. Data on primaries for state Governor and U.S. Senator from 1980 to 2002 are used to examine contemporary concerns about runoffs. Included in the findings are (1) the problem that majority runoffs address – candidates being selected based on low levels of voter support is not a frequent outcome under the plurality rule; (2) the vast majority of selections is based on a majority of votes in a primary, regardless of whether a simple plurality or majority is required; and (3) runoff primaries are necessary in roughly one-third of the contested primaries held in the majority vote context, and in about one-third of them the primary leader loses the runoff.