Social and Behavioral Sciences Commons^™

Conditioning Democratization: Eu Membership Conditionality And Domestic Politics In Balkan Institutional Reforms, Ridvan Peshkopia

University of Kentucky Doctoral Dissertations

The uneven effects of EU membership conditionality on Eastern European reforms continue to puzzle the research community. Sometimes, the research focus has been too large, considering EU membership conditionality as a policy implemented uniformly across policy areas. Other efforts take a too narrow approach by trying to explain the effects of EU membership conditionality in single sectors. I suggest studying this phenomenon through a set of mid-level theories in a cross-country, cross-sectorial approach. I argue that both the intensity of EU membership conditionality and reform outcomes are contingent upon the policy sector context; hence, we should take a sectorial contextual …

Three Worlds Of Western Punishment: A Regime Theory Of Cross-National Incarceration Rate Variation, 1960-2002, Matthew Demichele

University of Kentucky Doctoral Dissertations

This dissertation offers an explanation of cross national incarceration rate variation for 17 industrialized countries for the second half of the 20^th century. Both historical case studies and time-series cross-section analyses are used to provide an institutional explanation of incarceration rate differences. Borrowing from Weber’s Sociology of Law and comparative legal scholarship, it is suggested that three types of legal thinking exist among western democracies—Common, Romano-Germanic, and Nordic law. A regime approach commonly applied in political economic explanations of welfare state development is used to quantify the legal and criminal justice institutional differences between 1960 and 2002 to assert …

Globalization And The Politics Of The Welfare State, Hanbeom Jeong

University of Kentucky Doctoral Dissertations

The theoretical argument of this study is that economic globalization, by default, exerts a downward pressure on the social policies of states largely through the operations of transnational corporations. However, since globalization’s effect on social policy is conditional on endogenous political forces such as regime type, democratization, electoral competition and political participation, its proclivity to retrench the welfare state is averted by the preferences of political actors and institutions to expand social spending. This argument found consistent empirical support via a series of cross-section regressions that estimated the interactive effects of economic globalization and various measures of domestic political institutions …

Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas

University of Kentucky Doctoral Dissertations

The attitudinal model of judicial behavior dominates judicial politics scholarship, including studies of federal courts and agencies. Extant research finds limited support for legal constraints as determinants of judge behavior when agency decisions are under review. Attitudinal scholars suggest judges substitute their policy preferences in place of agency preferences. Contrarily, the legal model suggests judges defer to agencies because of procedures and doctrine rooted in the rule of law.

This study tests hypotheses predicting whether federal agency review decisions in the U.S. Courts of Appeals during 1982-2002 are a function of judges‘ attitudes, namely ideology, or a function of legal …

Viable Institutions, Judicial Power, And Post-Communist Constitutional Courts, Kirill Mikhaylovich Bumin

University of Kentucky Doctoral Dissertations

In pursuing their goals, newly-created constitutional courts of Eastern Europe and the former Soviet republics are affected by their institutional setting and capabilities. Yet, previous studies did not explore how constitutional courts develop over time and what noteworthy implications for politics and society result from their institutional growth. To address this gap in the literature, I measured a variety of organizational characteristics and constructed an index of institutional development for the twenty eight constitutional courts in the post-communist countries from the initial year of their transitions through 2005. I argued that high values on this measure (which I labeled the …

Second-Order Devolution, Bureaucratic Discretion And The Implementation Of The Temporary Assistance For Needy Families Program, Byungkyu Kim

University of Kentucky Doctoral Dissertations

The passage of PRWORA in 1996 gave states the opportunity to engage in secondorder devolution (SOD), which allows local governments to exercise more discretionary power in the implementation of welfare policies. Currently 14 states have engaged in significant SOD, with a number of other states practicing SOD to a lesser degree. Given this trend in TANF administration, it is important to explore if and how SOD affects the implementation of TANF work sanctions and work-related policies.

Opponents of welfare decentralization insist SOD may lead to a ‘race to the bottom’ in welfare generosity to avoid the immigration of the poor, …