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Articles 1 - 18 of 18
Full-Text Articles in Social and Behavioral Sciences
The Possible Futures Of American Democracy, Jedediah Purdy
The Possible Futures Of American Democracy, Jedediah Purdy
Faculty Scholarship
No abstract provided.
The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy
The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy
Faculty Scholarship
The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially forgotten and obscured in today’s commentary. Recovering this original idea of constitution-making shows that today’s originalism is, ironically, unfaithful to its origins in an idea of self-rule that prized both the initial ratification of fundamental law and the political community’s ongoing power to reaffirm or change it. This does not mean, however, that living constitutionalism better fits the original conception of democratic self-rule. Rather, because the Constitution itself makes amendment practically impossible, it all but shuts down the very form of democratic sovereignty that authorizes it. No …
Three Models Of Adjudicative Representation, Margaret H. Lemos
Three Models Of Adjudicative Representation, Margaret H. Lemos
Faculty Scholarship
No abstract provided.
Dissent, Diversity, And Democracy: Heather Gerken And The Contingent Imperative Of Minority Rule, Guy-Uriel Charles
Dissent, Diversity, And Democracy: Heather Gerken And The Contingent Imperative Of Minority Rule, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez
Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez
Faculty Scholarship
No abstract provided.
The Rule Of Law Unplugged, Daniel B. Rodriguez, Mathew D. Mccubbins, Barry R. Weingast
The Rule Of Law Unplugged, Daniel B. Rodriguez, Mathew D. Mccubbins, Barry R. Weingast
Faculty Scholarship
The "Rule of Law" is a venerable concept, but, on closer inspection, it is a complex admixture of positive assumptions, inchoate political and legal theory, and occasionally wishful thinking. Although enormous investments have been made in rule of law reformism throughout the world, advocates of transplanting American-style legal and political institutions to developed and developing countries are often unclear about what they are transplanting and why they are doing so. The concept of rule of law has become unplugged from theories of law. Scholars clearly have more work to do in understanding the rule of law and designing institutions to …
The Mirage Of Non-State Governance, Ralf Michaels
The Mirage Of Non-State Governance, Ralf Michaels
Faculty Scholarship
In this Essay, I offer three theses, all of which are critical. First, non‑state governance is conceptually unattractive; it is a concept that makes little sense. Second, non‑state governance is empirically unattractive; meaningful non‑state governance rarely exists. Third, meaningful non‑state governance is normatively unattractive; we would rarely want it, and people postulating it usually expect the state to play an important role. However, I also have something constructive: a proposed trajectory. Talk about the state and the non‑state can only be an intermediary stage in a trajectory of a theory of governance that might lead to a new paradigm of …
Does Intergenerational Justice Require Rising Standards Of Living?, Lawrence A. Zelenak
Does Intergenerational Justice Require Rising Standards Of Living?, Lawrence A. Zelenak
Faculty Scholarship
This essay considers whether it would be morally acceptable for a nation to use massive intergenerational borrowing to pursue a no-growth policy, under which the anticipated standard of living of members of future generations would be no higher than the standard of living of members of the present generation. The essay examines whether justification for such a policy can be found in either the political theory of John Rawls or in the application of utilitarian principles to intergenerational ethics. It concludes that under a Rawlsian analysis there is a strong argument that the current generation has no obligation to strive …
For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule
For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule
Faculty Scholarship
Can voters stop state governments from spending at high rates through the enactment of tax and expenditure limits (TELs), or do these laws become dead letters? We draw upon the principal-agent literature to theorize that TELs – one of the most frequent uses of the initiative process across the country – may be circumvented by the sorts of elected officials who would inspire their passage.
In order to investigate our claim, we conduct an event study. First, we test for the effectiveness of TELs across states using a differences-in-differences model. Second, we dissect our treatment variable using different legal provisions …
Administrative Law Agonistes, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast, Daniel B. Rodriguez
Administrative Law Agonistes, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast, Daniel B. Rodriguez
Faculty Scholarship
No abstract provided.
Nothing But The Truth? Experiments On Adversarial Competition, Expert Testimony, And Decision Making, Cheryl Boudreau, Mathew D. Mccubbins
Nothing But The Truth? Experiments On Adversarial Competition, Expert Testimony, And Decision Making, Cheryl Boudreau, Mathew D. Mccubbins
Faculty Scholarship
Many scholars debate whether a competition between experts in legal, political, or economic contexts elicits truthful information and, in turn, enables people to make informed decisions. Thus, we analyze experimentally the conditions under which competition between experts induces the experts to make truthful statements and enables jurors listening to these statements to improve their decisions. Our results demonstrate that, contrary to game theoretic predictions and contrary to critics of our adversarial legal system, competition induces enough truth telling to allow jurors to improve their decisions. Then, when we impose additional institutions (such as penalties for lying or the threat of …
When Voters Make Laws: How Direct Democracy Is Shaping American Cities, Elizabeth Garrett, Mathew D. Mccubbins
When Voters Make Laws: How Direct Democracy Is Shaping American Cities, Elizabeth Garrett, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins
Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins
Faculty Scholarship
We find strong evidence that governing coalitions in Italy exercise significant negative agenda powers. First, governing parties have a roll rate that is nearly zero, and their roll rate is lower than opposition parties’ roll rates, which average about 20% on all final passage votes. Second, we find that, controlling for distance from the floor median, opposition parties have higher roll rates than government parties. These results strongly suggest that governing parties in Italy are able to control the legislative agenda to their benefit. We also document significantly higher opposition roll rates on decree-conversion bills and budget bills that on …
The Dual Path Initiative Framework, Elizabeth Garrett, Mathew D. Mccubbins
The Dual Path Initiative Framework, Elizabeth Garrett, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
When Does Deliberating Improve Decisionmaking?, Mathew D. Mccubbins, Daniel B. Rodriguez
When Does Deliberating Improve Decisionmaking?, Mathew D. Mccubbins, Daniel B. Rodriguez
Faculty Scholarship
No abstract provided.
The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler
The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler
Faculty Scholarship
No abstract provided.
As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies
As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies
Faculty Scholarship
For 38 years, the Liberal Democratic Party (LDP) maintained single-party control over the Japanese government. This lack of partisan turnover in government has frustrated attempts to explain Japanese government policy changes using political variables. In this paper, we look for intraparty changes that may have led to changes in Japanese budgetary policy. Using a simple model of agenda-setting, we hypothesize that changes in which intraparty factions “control” the LDP affect the party’s decisions over spending priorities systematically. This runs contrary to the received wisdom in the voluminous literature on LDP factions, which asserts that factions, whatever their raison d’être, do …
Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast
Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.