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Articles 1 - 8 of 8
Full-Text Articles in Models and Methods
The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang
The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang
Sean Farhang
This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Sean Farhang
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Sean Farhang
In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …
Rethinking Linkage To The West: What Authoritarian Stability In Singapore Tells Us, Su-Mei Ooi
Rethinking Linkage To The West: What Authoritarian Stability In Singapore Tells Us, Su-Mei Ooi
Su-Mei Ooi
Recent regime change literatures compellingly assert that linkage to the West has been a significant factor in democratisation where the organisational capacity of authoritarian incumbents has overwhelmingly weakened pro-democracy forces. Detailed case studies confirming these findings have not included Singapore although high levels of linkage to the West suggest that democratisation should have taken place there. This qualitative case study fills the empirical and theoretical gap by explaining why linkage has so far failed to raise the cost of authoritarianism for Singapore's government. By eschewing the current structural approach, which conceptualises linkage as mere channels of external pressure or influence, …
Citizen Perceptions Of Public Policy Success: A Cross-National Analysis, Nurgul R. Aitalieva, Andrew L. Morelock
Citizen Perceptions Of Public Policy Success: A Cross-National Analysis, Nurgul R. Aitalieva, Andrew L. Morelock
Nurgul R. Aitalieva, Ph.D.
No abstract provided.
Slavery And Freedom In Theory And Practice, David Watkins
Slavery And Freedom In Theory And Practice, David Watkins
David Watkins
Slavery has long stood as a mirror image to the conception of a free person in republican theory. This essay contends that slavery deserves this central status in a theory of freedom, but a more thorough examination of slavery in theory and in practice will reveal additional insights about freedom previously unacknowledged by republicans. Slavery combines imperium (state domination) and dominium (private domination) in a way that both destroys freedom today and diminishes opportunities to achieve freedom tomorrow. Dominium and imperium working together are a greater affront to freedom than either working alone. However, an examination of slavery in practice, …
Can Deliberative Democracy Work In Hierarchical Organizations?, Jason Pierce, Grant Neeley, Jeffrey Budziak
Can Deliberative Democracy Work In Hierarchical Organizations?, Jason Pierce, Grant Neeley, Jeffrey Budziak
Grant W. Neeley
Some measure of equality is necessary for deliberative democracy to work well, yet empirical scholarship consistently points to the deleterious effect that hierarchy and inequalities of epistemological authority have on deliberation. This article tests whether real-world deliberative forums can overcome these challenges. Contrary to skeptics, it concludes that the act of deliberation itself and the presence of trained moderators ameliorate inequalities of epistemological authority, thus rendering deliberative democracy possible, even within hierarchical organizations.
Religious Origins Of Democracy & Dictatorship, Theocharis Grigoriadis
Religious Origins Of Democracy & Dictatorship, Theocharis Grigoriadis
Theocharis Grigoriadis
Weber considered the Protestant work ethic the foundation of modern capitalism. I extend Weber’s theory by arguing that states with predominantly Roman Catholic, Eastern Orthodox, and Muslim populations have had a stronger inclination toward underdevelopment and dictatorship than states with Protestant or Jewish majorities. This is the case because their respective religious collectives (monastery, tariqa) promote the hierarchical provision of common goods at the expense of market incentives. I define the aforementioned three religions as collectivist, in contrast to Protestantism and Judaism, which I define as individualist. I provide a historical overview that designates the Jewish kibbutz as the collective …