An analysis of asymmetric effect of federal transfers across Indian states

This study empirically examines the asymmetric effect of federal transfers in India using a panel dataset of 18 states from 2000–2001 to 2019–2020. In mapping the asymmetric effect of federal transfers on subnational spending across the Indian states, we test it in the extended ‘flypaper effect’ framework, examining whether subnational expenditures respond in the same way to changes in federal transfers. To quantify the extent of the asymmetric effect on the subnational expenditure, we employed the panel non-linear ARDL model. The results suggest that subnational spending has a greater asymmetric response to the increase in federal transfers than to a decrease. At the disaggregate level, ten out of 18 states have a fiscal replacement kind of asymmetric effect in any spending specifications. But only three validate it in the capital and development spending, and seven states validating in the non-development expenditure on the revenue accounts. Replacing the cut in federal transfers with other revenue sources that prioritise non-development spending over development spending is problematic.     

FINANCING THE WAR ON DRUGS: THE IMPACT OF LAW ENFORCEMENT GRANTS ON RACIAL DISPARITIES IN DRUG ARRESTS

This study estimates the impact of the discretionary Edward Byrne Memorial State and Local Law Enforcement Assistance Program (EBMGP) on drug arrests and crime. The 1986 and 1988 Anti‐Drug Abuse Act allocated federal funds to state and local municipalities to combat illicit drug use and violent crime associated with drug sales and trafficking. The results show that the implementation of the EBMGP resulted in an increase in police hiring, an increase in drug sales arrest rates for Blacks and Whites, and a decrease in total crime. Nonetheless, Black‐White racial disparity in the drug sales arrest rate still significantly increases by approximately 1 for every 1,000 Black residents. Our findings highlight the role of federal crime control policies in state and local policing. Although, the EBMGP was a color‐blind policy initiative, it was not race neutral in its implementation.     

Small arm transfers and state complicity in international law： Challenging the limitations

Small arms have been frequently used in perpetration of human rights violations, and thus need to be subjected to legal scrutiny. This piece attempts to contribute this aim by making a legal analysis of the issue of state complicity in arm transfers. Drawing a frame of applicable laws, it highlights the importance of Article 16 of the ILC Draft Articles on State Responsibility where the notion of complicity in international law is typically designed. Moreover, this piece finds the scope of protection provided within this Article limited, and contends that the boundaries of liability for complicit acts must take into account the contemporary political, social, and economic settings for a wider understanding of complicity.     

Secrecy and military expenditures in the Russian budget

ABSTRACT

This article proposes a transparent method for collecting, structuring, and analyzing Russian budget data on defense and security-related expenditures. A precise answer to the question of how big Russia’s defense expenditures are is impossible because of issues concerning secrecy and accounting principles. We circumvent this challenge by constructing lower and upper bounds for Russia’s military expenditure, showing that depending on the chosen measure these have increased from the range of 10.3–31.2% of federal expenditures in 2011 to 12.9–35.4% in 2018. The analysis also yields additional insights into the concept of secrecy in the Russian budget; we show that 39 out of 96 subchapters in the Russian budget contain secret expenditures, many of which are not nominally related to defense or security, and that secret expenditures increased as a share of total expenditures from 12% to 17% between 2011 and 2019.     

Limited information and coordinated voting in multi-party elections under plurality rule: The role of campaigns

This essay bridges the logic of electoral coordination with the observation that many voters cannot recognize ex post viable candidates. When strategic voting is limited, behavioral factors of sincere voting play a large part in coordinating uninformed voters and inform the expectations of potentially strategic voters about the patterns of voting. Using the 2011 Canadian Election Survey, I found strong effects of the density of campaign contacts and the asymmetries in the campaigns spending and party identification on the predictability of the patterns of intra-district competition. A comparison of the effects of behavioral factors on the uninformed and informed voters confirms that the effect of centrifugal spending and party identification is conditional on the ability of voters to recognize the leaders of district competition.     

美国宪法制订过程中关于军事问题的辩论

宪法的崇高性与军事在国家发展中的重要性决定了从宪法的视角研究军事法学的必要性。本文在分析美国宪法军事条款产生的背景的基础上,分析了制宪者关于战争和安全的认识、关于保障安全和自由的制度设立的辩论、制衡军事权力保障国家的安全和公民的自由制度设计,并研究了反联邦党人关于宪法军事规定的责难及《权利法案》的产生过程,在此基础上剖析了美国宪法制订过程中关于军事问题的辩论对美国社会生活的影响,以期探讨支撑美国军事强势地位的法律制度根源并从一个独特的角度寻求国家长远性发展的一种理论性支撑。     

Defending the Homeland: Judicial Sentencing Practices for Federal Immigration Offenses

In the last decade, immigration prosecutions in federal court have increased 165%, with immigration offenses comprising over 28% of the federal criminal caseload in 2008. Despite this increase, research has yet to fully examine the sentencing outcomes for these offenders. Exploration of sentencing outcomes for immigration offenders is particularly salient due to the racial/ethnic composition of these defendants and the documented history of disparate treatment of minorities at this decision point. To explicate these issues, we examine the sentence length of immigration cases to assess the impact of legal, extra-legal, and case-processing factors. We further disaggregate by offense type to explore if correlates of sentencing are consistent across specific categories of immigration violations. Finally, we examine southwestern border districts, which process over 70% of all cases, to assess their specific sentencing practices. Model results, theoretical implications, and avenues for future research are also discussed.     

The Effects of Mental Health and Substance Abuse Disorders on Institutional Misconduct Among Female Inmates

The US Sentencing Guidelines are among the most ambitious attempts in history to control sentencing discretion. However, a major sea change occurred in January of 2005, when the US Supreme Court ruled in United States v. Booker and Fanfan, that in order to be constitutional, the federal guidelines must be advisory rather than presumptive. The impact of the Booker/Fanfan decisions on interjurisdictional variation and sentencing disparity is an opportunity to examine the issue of whether the increased opportunity to sentence according to substantively rational criteria entails increased extralegal disparity. We draw on a conceptualization of courts as communities and a focal concerns model of sentencing decisions to frame expectations about federal sentencing in the wake of Booker/Fanfan. We test these expectations using USSC data on federal sentencing outcomes from four time periods: prior to the 2003 PROTECT Act, the period governed by the PROTECT Act, post-Booker/Fanfan, and post-Gall v US. In general, we find that extralegal disparity and between-district variation in the effects of extralegal factors on sentencing have not increased post-Booker and Gall. We conclude that allowing judges greater freedom to exercise substantive rationality does not necessarily result in increased extralegal disparity.     

Prosecutorial Discretion: An Examination of Substantial Assistance Departures in Federal Crack‐Cocaine and Powder‐Cocaine Cases

Recently there has been a call for research that explores decision‐making at stages prior to sentencing in the criminal justice process. Particularly research is needed under a determinate sentencing system where judicial dispositions are usually restricted by guidelines, which increases the importance of earlier decision‐making stages. As an answer to this call, and in an attempt to build on currents studies on the effects of departures as an intervening mechanism, and a source of unwarranted disparity, this study explores federal sentencing data on offenders convicted of crack‐cocaine and powder‐cocaine offenses. Although decision‐making of all criminal justice actors generally, and prosecutors specifically, has been the subject of much research, studies have yet to resolve the nature and outcome of their “autonomous” discretion. This autonomy becomes especially salient regarding prosecutorial decisions for substantial assistance departures. In deciding who receives a substantial assistance departure, the prosecutor has carte blanche power.