Sophisticated voting and gate-keeping in the supreme court

'Sophisticated voting' has a solid theoretical foundation, butscholars have raised serious questions about its empirical importancein real-world institutions. The U.S. Supreme Court is one institutionwhere sophisticated voting should be common, but, paradoxically,where scholarly consensus about its existence has yet to emerge.We develop and test a formal model of sophisticated voting onagenda setting in the Supreme Court. Using data on petitionsfor certiorari decided in October term 1982, we show that, aboveand beyond the usual forces in case selection, justices engagein sophisticated voting, defined as looking forward to the decisionon the merits and acting with that potential outcome in mind,and do so in a wide range of circumstances. In particular, wepresent strong evidence for sophisticated behavior, rangingfrom votes to deny a case one prefers to reverse to votes togrant cases one prefers to affirm. More importantly, sophisticatedvoting makes a substantial difference in the size and contentof the Court's plenary agenda.     

The warren court,inequality and the poor

This paper presents a gender perspective of the Trade Adjustment Assistance (TAA) program. The TAA is the primary US policy to assist the transition of workers displaced due to trade related economic restructuring. In comparison to the relatively substantial research on gendering trade policies in developing economies there is very limited focus on gendering policy responses to trade in the US. We argue that there is a specific gender trend in the trade-displacement patterns in the US which calls for a gender sensitive policy response. We examine the TAA in light of this trend and offer some suggestions for a gendered approach to providing assistance to workers negotiating an increasingly flexible global labor market.     

论我国法院调解制度存续的合理性

法院调解是民事诉讼法上一项基本原则,虽然在司法实践中我国法院调解制度存在一些缺陷,但在现阶段仍有着存续的合理性。     

Authoritarian transparency: China's missing cases in court disclosure

The question whether authoritarian regimes use transparency initiatives to improve public governance or only to perform window dressing remains open. To address it, we examine a recently promulgated transparency policy in China that mandates public access to all judicial opinions. We find that local courts fail to disclose more than 60% of their opinions in corporate litigation cases, measured against a baseline of publicly listed firms’ disclosure of their litigation, as required and enforced by the securities regulations. Instead of upholding judicial fairness, local courts disclose cases selectively, displaying favoritism and responding to private incentives. Courts are more likely to suppress the publication of their opinions when the firm involved in the litigation is state-owned or is the defendant in its home court, especially in the year before the promotion of the provincial party secretary. We also find that firms whose cases are disclosed by the courts undergo adverse economic consequences, signaling that they have fallen out of favor with the government.     

The dynamics of institution building: State aids,the European commission,and the court of justice of the European Union

This paper studies the interactions between European Union institutions and the Member States with regard to state aid control. The mandate of the European Commission includes the maintenance and strengthening of economic integration, and as such it may discipline any Member States that undermine the single market. Relying on an original database covering all state aid applications with rulings between 2000 and 2017, we show that, on the one hand, the Commission tends to reject programs originating from countries that are resistant to EU integration, which is proxied by the transposition deficit. On the other hand, when firms or national governments appeal the decisions made by the Commission, the reversal of the Commission's rejection decisions by the Court of Justice of the European Union is positively correlated with the transposition deficit. This evidence suggests that while the Commission is biased against countries with greater resistance to integration, the Court corrects this bias since its mandate is to guarantee the rule of law in the EU system of governance. We argue that these revealed policy preferences are consistent with the assumption that these two bodies attempt to strengthen their legitimacy by making decisions in line with their mandates. Moreover, the interaction between these twin pursuits of legitimacy reinforces the overall legitimacy of the Union, suggesting another driver of evolution in an equilibrium approach of institutions.     

HIPAA Privacy Rules: protecting patient information requested through discovery, subpoenas and court orders

Health plans routinely receive requests for patient health care information in lawsuits and administrative proceedings, whether through court order, subpoena, discovery requests or otherwise. The HIPAA Privacy Rules describe what protections a health plan must obtain before disclosing patient health information without prior authorization. This article focuses on the regulatory framework governing health plans, a review of recent case law applying these HIPAA regulations and a practical guide for how a health plan may proceed upon receiving requests for disclosure.     

Parliament vs. Supreme court: a veto player framework of the Indian constitutional experiment in the area of economic and civil rights

This essay is on the Indian constitution and extends and responds to the work of Singh (Constitutional Political Economy 17:17, 2006) in the analysis of economic rights. The veto player framework is used to analyze the development of economic rights which was diminished and civil rights (through Public Interest Litigation) which was expanded since Indian independence. The Congleton Model (Constitutional Political Economy 12:193–215, 2001) and Tsebelis Model (British Journal of Political Science 25(3):298–325, 1995) on veto players are used to develop the hypotheses and analyze the evolution of the Indian constitution.     

基于文本挖掘技术的企业文化对公司绩效的影响:回顾与展望

本文基于文本挖掘技术的演进,分析了这一技术在企业文化研究领域的应用,回顾和展望了使用该方法对于企业价值影响的相关研究.研究发现,调查问卷等传统研究方式相对文本挖掘分析方法不能够相对科学客观地描述企业文化,在企业文化对企业价值的影响上体现出来相对偏差.本文认为,国内基于文本挖掘技术对企业文化的维度进行衡量与企业文化对企业价值的影响研究领域有待进一步发展.