Political Theory Commons^™

Why Brazil Has Not Grown: A Comparative Analysis Of Brazilian, Indian, And Chinese Economic Management, Fernando Ferrari-Filho, Anthony Petros Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper does not aim to dispute that Brazil would benefit from reforms in any or all of these areas. Rather, the paper offers a skeptical perspective on reform menus and proposes an alternative explanation for the faster growth of Brazil’s peers India and China2. The paper begins by introducing (section 1) the idea of the BRICs countries, to establish the basis for comparisons of most similar cases. It then surveys the results of a generation of Washington Consensus era growth (section 2). Although there is a considerable amount of divergence over what causes growth, it seems that something approaching …

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 …

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

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 …

Silence Of The Laws? Conceptions Of International Relations And International Law In Hobbes, Kant, And Locke, Michael W. Doyle, Geoffrey S. Carlson

Faculty Scholarship

This Essay explains how the political theorists Hobbes, Kant, and Locke interpret the decision to go to war (us ad bellum) and the manner in which the war is conducted (just in bello). It also considers the implications of the three theories for compliance with international law more generally. It concludes that although all three can lay claim to certain key features of modern international law, it is Locke who provides the most complete support for both the laws of war, in particular, and with international law, in general.

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 …

Administrative Law Agonistes, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Debat Ketiga: Memikirkan Kembali Keilmuan Hubungan Internasional, Aryani Kristianti, Musa Maliki

Global: Jurnal Politik Internasional

This article will argue that Third Debate is the 'revolution turn' in the study of international relations. There are some explanations to conduct this argument: the description of the history of international relations thought and epistemological problem. This illustration will lead us to understand that there is a deeply dynamic debate in philosophy circumstances. We can not close the eyes to this debate otherwise we will be stucked and trapped in the dogmatism, stagnatism and ideology. Epistemological problem of philosophy is one of the foundations of the entire big problem that should be discussed. From epistemological scrutiny, this article believes …

Craig Berry On Global Ethics And Civil Society Edited By John Eade And Darren J. O’Byrne. Aldershot, Uk: Ashgate, 2005. 180pp., Craig Berry

Human Rights & Human Welfare

A review of:

Global Ethics and Civil Society edited by John Eade and Darren J. O’Byrne. Aldershot, UK: Ashgate, 2005. 180pp.

The Dual Path Initiative Framework, Elizabeth Garrett, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

Deliberative Dilemmas: A Critique Of Deliberation Day From The Perspective Of Election Law, Chad Flanders

All Faculty Scholarship

My paper deals with two subject areas - deliberative democracy theory and election law - that have had surprisingly little contact with another. My paper tries to remedy this lacuna by looking at how the two fields intersect and can contribute to the understanding of one another. In particular, I look in detail at a particularly prominent proposal by two political theorists, Bruce Ackerman and James Fishkin's Deliberation Day, and how the aims of that proposal might be frustrated by the present structure of American election law. I argue that because they fail to take into account certain structural features …

The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy

BYU Law Review

No abstract provided.

Defining One's Own Concept Of Existence And The Meaning Of The Universe: The Presumption Of Liberty In Lawrence V. Texas, Mitchell F. Park

BYU Law Review

No abstract provided.

Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

No abstract provided.

The Refund Booth: Using The Principle Of Symmetric Information To Improve Campaign Finance Regulation, Ian Ayres, Bruce Ackerman, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 22, 2006, Professor of Law, Ian Ayres of Yale Law School, delivered the Georgetown Law Center’s twenty-sixth Annual Philip A. Hart Memorial Lecture: "The Refund Booth: Using the Principle of Symmetric Information to Improve Campaign Finance Regulation." The article, The Secret Refund Booth, was co-authored with Professor Bruce Ackerman of Yale University.

Ian Ayres is a lawyer and an economist. He is the William K. Townsend Professor of Law and Anne Urowsky Professorial Fellow in Law at Yale Law School and a Professor at Yale's School of Management. He is the editor of the Journal of Law, …

Book Review, Robert W. Gordon

Journal of Legal Education

No abstract provided.

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem

Articles by Maurer Faculty

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.

This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of …

Recognizing Victimhood, Christine Wilke

Studio for Law and Culture

The category of victimhood resonates deeply with many contemporary struggles for recognition without, however, receiving similar attention by political theories of recognition. Many “struggles for recognition” are fought with explicit reference to massive injustice that have ceased without having been publicly recognized as injustices. The state responses to claims for the recognition of victimhood mirror, I will argue, the state’s dominant conceptions of justice and injustice. In many cases, the state affirms its conceptions of injustice and moral innocence through the selective recognition of victims. For example, the U.S. government has granted Japanese-Americans interned during the Second World War an …

When Does Deliberating Improve Decisionmaking?, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Wacana Kearifan Kapitalis Dalam Dunia Postmodern: Tinjauan Atas Kampanye One/Live 8, Musa Maliki

Global: Jurnal Politik Internasional

The tension of postmodern condition creates two distinctive grand-narrative discourses in seeing poverty: modernist and anti-modernist. Even though the discourse of the postmodern condition remains within the regime of grand narrative discourses, there is a little narrative called the wisdom of capitalist discourse. It has been successful in the constructive active and non-violence resistance to make poverty history by ONE/Live 8 campaign. By the discourse's scheme, this study argues that the existence of poverty text is not the epistemological problem that can be solved exogenously by problem solving theory (grand theory), but it is the ontological problem that can be …

A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles

Cornell Law Faculty Publications

This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …

Hijacked Justice: Domestic Appropriation Of International Norms, Jelena Subotić

Human Rights & Human Welfare

This paper explores the domestic politics of international norm diffusion, using the global transmission of transitional justice norms as the empirical context of the research. Applying sociological institutionalism as the principal theoretical framework, I argue that the motivation of states to adopt international models of transitional justice has changed over time. The transitional justice norm - that posits that war crimes and massive human rights abuses must be dealt with in a proper legal setting and not through “victors’ justice” or impunity - was institutionalized in large part as the result of a strong domestic demand for transitional justice in …

International Humanitarianism In The Contemporary World: Forms And Issues, David P. Forsythe

Human Rights & Human Welfare

© 2004 David P. Forsythe. All rights reserved.

This paper was commissioned by the U.S. Social Science Research Council and the United Nations University, for a research project on multilateralism starting Fall 2004.

The paper may not be quoted or referred to in any reference without the written permission of the author. Suggested revisions are welcomed by the author via his email address. This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …

Judging Partisan Gerrymanders Under The Elections Clause, Jamal Greene

Faculty Scholarship

Twice in the last two decades, the Supreme Court has come within two votes of declaring partisan gerrymandering – the manipulation of district lines for partisan ends – a nonjusticiable political question. Last Term, in Vieth v. Jubelirer, Pennsylvania Democrats challenged an alleged Republican gerrymander of the state's congressional districts. Four members of the Court thought the question nonjusticiable, and one, Justice Kennedy, thought it justiciable under the Equal Protection Clause but nonetheless rejected the plaintiffs claims. Eighteen years earlier, in Davis v. Bandemer, a three-Justice plurality had held that a political group complaining of partisan gerrymandering – the Democratic …

Politik Luar Negeri Indonesia: Pantulan Dari 'Weak State' Dan Masa Transisi Yang Berkepanjangan, Zainuddin Djafar

Global: Jurnal Politik Internasional

Evaluation of Indonesian foreign policy leads us to assess the following: Firstly, since the Soeharto era we have had close relations with the Western countries, we have enjoyed billions of US dollars of loans, held technical co-operations in various aspects, we have oil reserves, LNG and other potential natural sources; but as a result of the multidimensional crises in 1997-1999, our economic and business activities, as well as financial and banking systems, have been ruined. Secondly, the three following administrations (B.J. Habibie, Abdurrahman Wahid and Megawati Soekarnoputri, 1998-2004) were not able to do much, let alone restore Indonesia to its …

Menelaah Konsep Human Security: Studi Kasus Penanganan Masalah Pengungsi Afganistan Di Australia (1999-2002), Avyanthi Azis

Global: Jurnal Politik Internasional

This article is a short report drawn from a research on the issue of the Afghan refugees in Australia (1992-2002). Using the infamous “boat people” case as illustration, the research was intended to provide careful observation on the concept “human security,” a term increasingly linked to forced migration issues. Although human security is often portrayed as a benign concept with strong moral stance, its vastness and loose definition limit its adequacy as a useful tool of analysis. The concept is also prone to misuse because it loosely adapts to various ideological interests. Following a framework elaborated from the thoughts of …

Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles

Cornell Law Faculty Publications

“The Bank of Japan is our mother,” bankers in Tokyo sometimes said of Japan's central bank. Drawing on this metaphor as an ethnographic resource, and on the example of central bankers who sought to unwind their own technocratic knowledge by replacing it with a real-time machine, I retrace the ethnographic task of unwinding technocratic knowledge from those anthropological knowledge practices that critique technocracy. In so doing, I draw attention to special methodological problems—involving the relationship between ethnography, analysis, and reception—in the representation and critique of contemporary knowledge practices.

State Sovereignty And Human Rights, Jack Donnelly

Human Rights & Human Welfare

Sovereignty and human rights typically are seen as fundamentally opposed: the rights of states pitted against the rights of individuals; 1648 (the Peace of Westphalia) versus 1948 (the Universal Declaration of Human Rights).

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the …

The Effects Of Ballot Position On Election Outcomes, Jonathan G.S. Koppell, Jennifer A. Steen

Publications from President Jonathan G.S. Koppell

This article presents evidence of name-order effects in balloting from a study of the 1998 Democratic primary in New York City, in which the order of candidates' names was rotated by precinct. In 71 of 79 individual nominating contests, candidates received a greater proportion of the vote when listed first than when listed in any other position. In seven of those 71 contests, the advantage to first position exceeded the winner's margin of victory, suggesting that ballot position would have determined the election outcomes if one candidate had held the top spot in all precincts.