Breaking The Reform Deadlock
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The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices. The book starts with an overview of the electoral process, including its history and guiding theories. It looks next at the Florida election itself, exploring which candidate ''really'' won and whether this is even a meaningful question. The focus then shifts to the complex litigation, both state and federal, provoked by the photo finish. On the basis of the pragmatic jurisprudence that Judge Posner has articulated and defended in his previous writings, this book offers an alternative justification for the Supreme Court's decision in Bush v. Gore while praising the Court for averting the chaotic consequences of an unresolved deadlock. Posner also evaluates the performance of the lawyers who conducted the post-election litigation and of the academics who commented on the unfolding drama. He argues that neither Gore's nor Bush's lawyers blundered seriously, but that the reaction of the legal professoriat to the litigation exposed serious flaws in the academic practice of constitutional law. While rejecting such radical moves as abolishing the Electoral College or creating a national ballot, Posner concludes with a detailed plan of feasible reforms designed to avoid a repetition of the 2000 election fiasco. Lawyers, political scientists, pundits, and politicians are waiting to hear what Judge Posner has to say. But this book is written for and will be welcomed by all who were riveted by the recent crisis of presidential succession.
How can we best analyse contemporary welfare state change? And how can we explain and understand the politics of it? This book contributes to these questions both empirically and theoretically by concentrating on one of the least likely cases for welfare state transformation in Europe. It analyzes in detail how and why institutional change has taken Germany’s welfare state from a conservative towards a new work-first regime. Christof Schiller introduces a novel analytical framework to make sense of the politics of welfare state transformation by providing the missing link: the capacity of the core executive over time. Examining the policy making process in labour market policy in the period between 1980 and 2010, he identifies three different policy making episodes and analyses their interaction with developments and changes in such policy areas as pension policy, family policy, labour law, tax policy and social assistance. The book advances existing efforts aimed at conceptualizing and measuring welfare state change by proposing a clear-cut conceptualization of social policy regime change and introduces a comprehensive analysis of the transformation of the welfare-work nexus between 1980 and 2010 in Germany. This book will be of interest to students and scholars of social policy, comparative welfare state reform, welfare politics, government, governance, public policy, German politics, European politics, political economy, sociology and history.
Rapid economic pluralization in East Asia has empowered local and medial groups, and with this change comes the need to rethink usual notions regarding ways in which "democracies" emerge or "citizens" gain more power. Careful examination of current developments in China, Korea, and Southeast Asia show a need for expansion of our understandings of democracy and democratization. This book challenges traditional ways in which political regimes in local as well as national polities are conceived and labeled. It shows from Asian experiences that democracy and its precursors come in more forms than most liberals have yet imagined. In reviewing recent experiences of countries across East Asia, these chapters show that actual democracies and ostensible democratizations there are less like those in the West than the surprisingly consensual and standard political science of democratization suggests. This book first examines the extreme variation of democracy’s meaning in many Asian states that hold contested elections (South Korea, Taiwan, Indonesia, Malaysia, the Philippines, and Thailand). Then it focuses on China. It analyzes a range of grassroots forces driving political change in the People’s Republic, and it finds both accelerators and brakes in China’s political reform process. The contributors show that models for China’s political future exist both within and outside the PRC, including in other East Asian states, in localities and sectors that already are pushing the limits of the powerful, but no longer all-powerful, Chinese party-state. With contributions from leading academics in the field, Democratization in China, Korea, and Southeast Asia? will be of interest to students and scholars of Asian politics, comparative politics, and democratization more broadly.
Despite recent corporate scandals, the United States is among the world’s least corrupt nations. But in the nineteenth century, the degree of fraud and corruption in America approached that of today’s most corrupt developing nations, as municipal governments and robber barons alike found new ways to steal from taxpayers and swindle investors. In Corruption and Reform, contributors explore this shadowy period of United States history in search of better methods to fight corruption worldwide today. Contributors to this volume address the measurement and consequences of fraud and corruption and the forces that ultimately led to their decline within the United States. They show that various approaches to reducing corruption have met with success, such as deregulation, particularly “free banking,” in the 1830s. In the 1930s, corruption was kept in check when new federal bureaucracies replaced local administrations in doling out relief. Another deterrent to corruption was the independent press, which kept a watchful eye over government and business. These and other facets of American history analyzed in this volume make it indispensable as background for anyone interested in corruption today.
Research paper from the year 2006 in the subject Politics - International Politics - Region: Near East, Near Orient, grade: Distinction (Very good), Kings College London (War College), course: The Occupied Territories since 1967, 43 entries in the bibliography, language: English, abstract: This paper looks at the potential of breaking the deadlock of the Israeli-Palestinian Conflict through a unilateral "gazaesque" withdrawal of Israel from the remaining Occupied Territories. Since the Oslo agreement, Palestinian leaders have found that a state cannot be created by a simple declaration - peace and statehood have so far stumbled over a number of issues and it is questionable if a unilateral disengagement will change these: we will underline the reasons why this is so and why it will not be able to bring peace and coexistence. While events so far have not changed the fact that a Palestinian State remains a non-entity, they have equally shown all but the most hawkish actors that, despite the determined pursuit of policies designed to make Israeli dominance permanent, it will not be able to maintain the occupation indefinitely against local resistance and a growing refusal and dissent of Israelis against occupation1. But what if Israel would opt for an all-out unilateral withdrawal behind its 'separation barrier'? Could such a move bring about an independent Palestinian State - 'instant-peace in the Middle East' - or could it inversely cause an explosive knock-off reaction on the region? Could it lead to the perpetration of past cycles of violence?
McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights.
The failure of the WTO Ministerial meeting in Seattle was a big blow to those who see trade liberalization as an important component of economic management and development. The immediate priority is to restore good faith among WTO members and confidence in the WTO. Wang and Winters argue that the developing countries have to be brought much more securely into the trading system, with greater attention being paid to their needs. Developing countries should approach a round of trade liberalization with a firm view of their priorities, and seek to ensure that WTO obligations will assist in achieving them. Developed countries also need to review and revise their widely disparate agendas and start to bridge their differences. Developed and developing countries alike need a rule-based world trading system, and they will all benefit from another round of trade liberalization.
The current international system of institutions and governance groups is proving inadequate to meet many of today's most important challenges, such as terrorism, poverty, nuclear proliferation, financial integration, and climate change. The International Monetary Fund, World Bank, and UN were founded after World War II, and their structures of voting power and representation have become obsolete, no longer reflecting today's balance of economic and political power. This insightful book examines how to make such institutions more responsive and effective. Institutional reform is critically needed but currently in stalemate. A new push is needed from powerful nations acting together through a reformed and enlarged G-8 that includes emerging economies, such as China and India. Global challenges demand integrated approaches, with greater coordination among international institutions. Global Governance Reform argues that without reconstituting the Group of 8 summit into a larger, more representative group of leaders, with a new mandate to provide strategic guidance to the system of international institutions, the world will fall further behind in addressing global challenges. The path to global reform is defined by the need to act in coordinated ways on summit and institutional reform, and this book lights the way.
Contents: (1) Intro.; (2) Competing Approaches: Direct Popular Election v. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado Amendment 36; (8) 2007-2008: The Presidential Reform Act (California Counts); (9) 2006-Present: National Popular Vote -- Direct Popular Election Through an Interstate Compact; Origins; The Plan; National Popular Vote, Inc.; Action in the State Legislatures; States That Have Approved NPV; National Popular Vote; (10) Prospects for Change -- An Analysis; (11) State Action -- A Viable Reform Alternative?; (12) Concluding Observations.
That the entire reform and renewal movement in contemporary Catholicism is foredoomed is only one of the many controversial judgments in this highly controversial book. It is, however, much more than merely a book about current Catholic developments; it is a book that confronts the issue of Christianity's very survival as a religious force in the modern world. This is Charles Davis's most constructive and creative theological work to date. It critiques and demolishes only that it may redevelop and rebuild.
Proceedings of a conference held in Edmonton in October 1995.