How Institutions Influence the Appointment of Women to High Courts

2021 ◽  
pp. 96-123
Author(s):  
Maria C. Escobar-Lemmon ◽  
Valerie J. Hoekstra ◽  
Alice J. Kang ◽  
Miki Caul Kittilson

Chapter 5 sets out the formal and informal institutions that, collectively, comprise the selection process for the highest courts in five countries (Canada, Colombia, Ireland, South Africa, and the United States). Limiting the focus to formal rules of selection overlooks informal institutions (norms and practices) that constrain and enable the choices of selectors. Selection often rests on identifying a list of potential nominees based on informal networks, which have historically been composed of men. Across country cases, gendered networks and gendered ideas about qualifications often act as filters to hinder the appointment of women. When selectors or their key advisors decide to do so, they can disrupt reliance on these traditional networks by looking beyond the usual suspects as they draw up their shortlists. The chapter also illuminates the contexts in which electoral accountability and incentives matter. When selectors perceive electoral benefit from selecting a woman, and can be held accountable by their electorate, they are more likely to do so. In the context of pressure to select a woman, judicial nominating commissions and affirmative legal language can also increase women’s representation.

Jus Cogens ◽  
2022 ◽  
Author(s):  
James Fowkes

AbstractWhat is the relevance of the Indian case for South Africa? And what should South Africans, and the rest of the world, make of the claim in Madhav Khosla’s India’s Founding Moment that we should recognize India as ‘the’ paradigm case for modern constitutional democracy? The constitutional projects of India and South Africa are naturally connected, but Khosla’s book helps to bring out what is perhaps the most important of the connections. Both are founded on an insistently democratic constitutionalism, in places where most inhabitants had long been told they were not suited or ready for democracy. Both display the conviction that boldly giving the vote to all, in these circumstances, is a powerful way to construct a democracy. This idea is crucial for understanding many aspects of both constitutions. This makes India a natural paradigm case for South Africa and many others. The stronger claim, that it is ‘the’ paradigm case and should succeed the United States to this status, can become more complicated once one tests it out globally (like the US claim). Finland and Ireland are especially strong and earlier examples of what Khosla sees as ground-breaking in India. Latin America’s somewhat different post-colonial trajectory makes India a more imperfect paradigm there. But that said, treating India and its founding as paradigmatic may well be the single best step to take for a more balanced view of the constitutional world, and this book’s elegant erudition makes it a real scholarly pleasure to do so.


2019 ◽  
Vol 12 (1) ◽  
pp. 28-50 ◽  
Author(s):  
Patrick M. Kirkwood

In the first decade of the twentieth century, a rising generation of British colonial administrators profoundly altered British usage of American history in imperial debates. In the process, they influenced both South African history and wider British imperial thought. Prior usage of the Revolution and Early Republic in such debates focused on the United States as a cautionary tale, warning against future ‘lost colonies’. Aided by the publication of F. S. Oliver's Alexander Hamilton (1906), administrators in South Africa used the figures of Hamilton and George Washington, the Federalist Papers, and the drafting of the Constitution as an Anglo-exceptionalist model of (modern) self-government. In doing so they applied the lessons of the Early Republic to South Africa, thereby contributing to the formation of the Union of 1910. They then brought their reconception of the United States, and their belief in the need for ‘imperial federation’, back to the metropole. There they fostered growing diplomatic ties with the US while recasting British political history in-light-of the example of American federation. This process of inter-imperial exchange culminated shortly after the signing of the Treaty of Versailles when the Boer Generals Botha and Smuts were publicly presented as Washington and Hamilton reborn.


Author(s):  
Jennifer J. Smith

Coherence of place often exists alongside irregularities in time in cycles, and chapter three turns to cycles linked by temporal markers. Ray Bradbury’s The Martian Chronicles (1950) follows a linear chronology and describes the exploration, conquest, and repopulation of Mars by humans. Conversely, Louise Erdrich’s Love Medicine (1984) jumps back and forth across time to narrate the lives of interconnected families in the western United States. Bradbury’s cycle invokes a confluence of historical forces—time as value-laden, work as a calling, and travel as necessitating standardized time—and contextualizes them in relation to anxieties about the space race. Erdrich’s cycle invokes broader, oppositional conceptions of time—as recursive and arbitrary and as causal and meaningful—to depict time as implicated in an entire system of measurement that made possible the destruction and exploitation of the Chippewa people. Both volumes understand the United States to be preoccupied with imperialist impulses. Even as they critique such projects, they also point to the tenacity with which individuals encounter these systems, and they do so by creating “interstitial temporalities,” which allow them to navigate time at the crossroads of language and culture.


Author(s):  
Roberts Cynthia ◽  
Leslie Armijo ◽  
Saori Katada

This chapter evaluates multiple dimensions of the global power shift from the incumbent G5/G7 powers to the rising powers, especially the members of the BRICS (Brazil, Russia, India, China, and South Africa). Taking note of alternative conceptualizations of interstate “power,” the text maps the redistribution of economic capabilities from the G7 to the BRICS, most particularly the relative rise of China and decline of Japan, and especially Europe. Given these clear trends in measurable material capabilities, the BRICS have obtained considerable autonomy from outside pressures. Although the BRICS’ economic, financial, and monetary capabilities remain uneven, their relative positions have improved steadily. Via extensive data analysis, the chapter finds that whether one examines China alone or the BRICS as a group, BRICS members have achieved the necessary capabilities to challenge the global economic and financial leadership of the currently dominant powers, perhaps even the United States one day.


Author(s):  
E. Douglas Bomberger

On 2 April 1917, President Woodrow Wilson urged Congress to enter the European war, and Congress voted to do so on Friday, 6 April. On the 15th of that month, Victor released the Original Dixieland Jazz Band’s record of “Livery Stable Blues” and “Dixieland Jass Band One-Step”; it caused an immediate nationwide sensation. James Reese Europe travelled to Puerto Rico in search of woodwind players for the Fifteenth New York Regiment Band, and the Creole Band ended its vaudeville career when it missed the train to Portland, Maine. German musicians in the United States came under increased scrutiny in the weeks after the declaration of war, as the country prepared to adopt new laws and regulations for wartime.


2021 ◽  
pp. 1-18
Author(s):  
Shubha Kamala Prasad ◽  
Filip Savatic

Why do some immigrant diasporas in the United States (U.S.) establish foreign policy interest groups while others do not? While scholars have demonstrated that diasporic interest groups often successfully influence U.S. foreign policy, we take a step back to ask why only certain diasporas attempt to do so in the first place. We argue that two factors increase the likelihood of diaspora mobilization: a community’s experience with democratic governance and conflict in its country of origin. We posit that these conditions make it more likely that political entrepreneurs emerge to serve as catalysts for top-down mobilization. To test our hypotheses, we collect and analyze novel data on diasporic interest groups as well as the characteristics of their respective countries of origin. In turn, we conduct the first in-depth case studies of the historical and contemporary Indian-American lobbies, using original archival and interview evidence.


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