Extraordinary Measures: Protesting Rule of Law Violations After Bush v. Gore

Law and Philosophy -     

Assessing the Credibility of Refugee Applicants: A Judicial Perspective

The principal responsibility of refugee decision makers is todetermine those to whom refugee protection is owed. The mannerin which these decisions are to be made in Australia is thesubject of ongoing debate. However, that debate is not the subjectof this paper. The focus of this paper is on the credibilityassessment of refugee applicants and its principal purpose isinstructive. It is my hope that it will enhance the credibilityof credibility assessment within existing processes. Its secondarypurpose is to provide a basis from which policy makers may considerlegislative and other procedural change. It has been suggested that the ‘devil is in the detail’in refugee decision making. Working in a common law country,Australian refugee decision makers are afforded the (often binding)benefit of extensive judicial review of the refugee determinationprocess.¹ Thus, for Australian decision makers, the ‘devilin the detail’ is often to be found in a plethora of bindinglegal precedent. Accordingly, while the first part of this paperdiscusses selected matters which have facilitated the assessmentof the credibility of refugee applicants in Australia, as oneof the most authoritative domestic sources available, the secondpart of this paper principally focuses on the expressed viewsof Australian courts after examining credibility findings indecisions of the Refugee Review Tribunal.²     

Metropolitan Planning Organizations and the New Regionalism: The Case of Louisville

This article outlines the new regionalism movement and its metropolitanagenda, reviews federal efforts to promote new regionalism underISTEA and TEA–21, considers how the new federal policieschanged the role of metropolitan planning organizations (MPOs)in transportation planning by examining the MPO for the Louisvillemetropolis, and assesses the MPO process in Louisville. Thelocal decision of whether to build a new bridge across the OhioRiver was a major test of the enhanced MPO process. Federaltransportation policies enhanced regional coordination and cooperationin transportation planning in the Louisville metropolis resultingin a consensus plan to build two bridges across the Ohio River.However, the MPO process did not lead to the development ofa metropolitan-wide interest or perspective. Moreover, the newregionalist agenda was not advanced because sprawl was not afactor in the decision on whether and where to build the bridges.     

Modeling Other-Regarding Preferences and an Experimental Test

Behavior inconsistent with self-interest has beenobserved in many contexts. We argue thatmodels designed to cope with theseanomalies are inadequate to deal with avariety of social values. Our extension ofthe Fehr & Schmidt `inequity aversion'model is applied to results from dictatorexperiments in which the money to bedivided is generated by the efforts ofpaired individuals in either one or tworooms. This production leads to sharingbehavior qualitatively different from thatfound in other dictator experiments. Thepattern of sharing can be explained byentitlements, equity, and the credibilityof the experiment.     

Campaign-Finance Reform: A Public Choice Perspective

The Federal Election Campaign Act as passed in 1971 and amended in 1974represented landmark federal legislation. It imposed new restrictions oncampaign contributions and contained path-breaking provisions for the useof public funds to partially finance the campaigns of qualifyingpresidential candidates. The nominal intent of the legislation was torestrain the skyrocketing campaign costs and the feared abuses thatgrowing dependencies on such money engendered. Three decades later, withthe campaign spending ``arms race'' still raging. Congress sought toimpose further constraints on campaign spending with enactment of theBipartisan Campaign Reform Act of 2002 (BCRA). Competing theories ofgovernment regulation are reviewed to better understand the intent andlikely consequences of the 2002 legislation in particular and campaignfinance regulation in general. A simple model of the campaign spendingprocess highlights the likely causes of the rapid growth in campaignspending. Data and evidence are presented to test hypotheses concerningthe timing of and underlying motivations for BCRA.     

Civil society and public sector institutions: more than a zero‐sum relationship

Measuring civil society strength has become entangled in competing definitions of civil society (CS). A more productive approach begins by considering CS from the perspective not of what it is but from what it does. Civil society functions—articulating citizens' interests and demands, defending their rights and meeting their needs—can be performed by a variety of institutions and organisations, not all of which are or need to be detached from the government. Determining the strength of CS requires assessing how well these functions are performed by a continuum of organisations and institutions. A disaggregated, multi‐sector model is developed that assists in measuring CS strength in any specific context. Copyright © 2004 John Wiley & Sons, Ltd.     

Capitalism After the Fall of Communism

This article compares the economics and ethics of Anglo-American individualistic market capitalism with its rivals – notably the 'social market' model and communitarian capitalism. It argues that 'business ethics' is a threat to economic efficiency and does not guarantee higher moral standards in commerce.     

“Like Butter Scraped over Too Much Bread”: Animal Protection Policy in Mexico1

Over the past fifteen years Mexico has developed a string of comprehensive animal protection regulations designed to address the serious problems that affect both wild and domestic animals in the territory. Yet for all their detailed coherence and despite serious government efforts, the regulations continue to lack effective enforcement and authorities are increasingly overstretched. This study discusses three key areas that obstruct the effective implementation of Mexican animal protection policy, but where advances could be feasibly initiated. The first concerns deficiencies at the political level. The second addresses the awkward relation between government and civil society on the issue. The third examines the scope of the problem in Mexico and some implications this has for international involvement. Finally the study suggests a more collaborative approach for implementing the policy that attempts to address central concerns in each of the three areas considered.