scholarly journals Which Governments Come Out Ahead?

2017 ◽  
Vol 9 (1) ◽  
pp. 13-33 ◽  
Author(s):  
William M. Myers ◽  
Davia Cox Downey
Keyword(s):  
United States ◽  
Institutional Arrangement ◽  
The United States ◽  
Institutional Arrangements ◽  
High Courts ◽  
Party Capability

Abstract Party capability theory assumes that governments, due to their immense resources and status as repeat players, hold a great advantage over individuals and organizations pursuing litigation in courts. Less known is whether all levels of government enjoy this advantage, how they fare against one another and how an institutional arrangement such as federalism complicates such relationships. These questions are investigated using decisions made by the high courts of Australia, Canada, and the United States. The descriptive findings indicate that institutional arrangements, such as federalism, in some ways, confirm and in others confound traditional notions of which governments come out ahead, which yields important implications for party capability theory, specifically, and federalism, generally.

Japan joining Five Eyes would mean tough compromises

2021 ◽  
Keyword(s):  
United States ◽  
New Zealand ◽  
Prime Minister ◽  
Policy Issue ◽  
The United States ◽  
Institutional Arrangements ◽  
Potential Contribution ◽  
Content Type ◽  
Foreign Policy Issue ◽  
Opening Up

Significance The possibility of Japan joining the alliance is now seriously discussed in Tokyo and the capitals of the Five Eyes members -- the United States, United Kingdom, Canada, Australia and New Zealand. Joining Five Eyes would signal Japan’s even deeper integration into US alliance structures, regionally and globally, and raise expectations for Japan to act as a fuller ally in all sorts of contingencies. Impacts Japan’s greatest potential contribution to allies is probably in signals and imagery intelligence, especially vis-a-vis China. The prime minister will avoid opening up a controversial foreign policy issue so close to a general election; his successor may be bolder. Japan’s partners still run a risk of leaks due to Japan’s lag in cybersecurity and institutional arrangements, but this is decreasing.

Who Wins and Who Loses in the Provincial Courts of Appeal? A Statistical Analysis, 1920–1990

1994 ◽  
Vol 9 (2) ◽  
pp. 21-40 ◽  
Author(s):  
Peter McCormick
Keyword(s):  
United States ◽  
Statistical Analysis ◽  
Great Britain ◽  
Data Base ◽  
The United States ◽  
Different Types ◽  
Party Capability ◽  
Time Periods ◽  
Appeal Courts ◽  
Different Levels

AbstractGiven the visibility and obvious importance of judicial power in the age of the Charter, it is important to develop the conceptual vocabulary for desribing and assessing this power. One such concept that has been applied to the study of appeal courts in the United States and Great Britain is “party capability”, a theory which suggests that different types of litigant will enjoy different levels of success as both appellant and respondent. Using a data base derived from the reported decisions of the provincial courts of appeal for the second and seventh year of each decade since the 1920s, this article applies party capability theory to the performance of the highest courts of the ten provinces; comparisons are attempted across regions and across time periods, as well as with the findings of similar studies of American and British courts.

Collaborative capital budgeting in U.S. local government

2017 ◽  
Vol 29 (2) ◽  
pp. 230-262 ◽  
Author(s):  
Hina Khalid ◽  
David S.T. Matkin ◽  
Ricardo S. Morse
Keyword(s):  
United States ◽  
Local Governments ◽  
Public Management ◽  
Capital Budgeting ◽  
The United States ◽  
Institutional Arrangements ◽  
Significant Heterogeneity ◽  
Management Literature ◽  
Research Findings ◽  
Local Officials

This article explores collaborative capital budgeting in U.S. local governments. To date, the capital budgeting literature has focused on practices within individual governments. This leaves a gap in our understanding because a large portion of capital planning, acquisition, and maintenance occurs through collaboration between two or more local governments. Drawing on the capital budgeting and collaborative public management literature, and on illustrative cases of collaborative capital budgeting in the United States, an inductive approach is used to: (1) identify and categorize the different objectives that motivate local officials to pursue collaborative agreements, (2) examine common patterns in the types of assets involved in collaboration, and (3) discover common institutional arrangements in collaboration agreements. The research findings demonstrate significant heterogeneity in the objectives, patterns, and institutions of collaborative capital budgeting.

Kidnapping and State Development in the United States

2006 ◽  
Vol 20 (1) ◽  
pp. 18-44 ◽  
Author(s):  
Kathleen J. Frydl
Keyword(s):  
United States ◽  
Dynamic Response ◽  
The United States ◽  
Institutional Arrangements ◽  
Nation State ◽  
State Development

A nation-state defending against threats may, in the process, alter itself: some threats cannot be handled by existing political and institutional arrangements. Of course, the dynamic response undertaken to answer external, state-issued threats has been widely noted. Many students of government—if not history—understand wars between nations to be a great catalyst for state development. Interestingly, even non-state and vastly weaker threats can elicit transformative responses.

Scandinavian Local Income Taxation: Lessons for the United States?

1977 ◽  
Vol 5 (4) ◽  
pp. 471-488 ◽  
Author(s):  
Steven D. Gold
Keyword(s):  
United States ◽  
The United States ◽  
National Government ◽  
Institutional Arrangements ◽  
Income Taxes ◽  
Income Taxation ◽  
Local Autonomy ◽  
Tax Base ◽  
Fiscal Disparities

This paper describes and analyzes the experiences of Norway. Sweden and Denmark with local income taxation in order to test the validity of comments made by numerous American economists about such taxes. Although local income taxes are their major source of locally raised revenue, it appears that the problems of revenue instability and tax base mobility are not serious in these countries. Fiscal disparities have been greatly reduced through consolidation of government units and heavy reliance on transfers from the national government, and these institutional arrangements may have reduced local autonomy in some important respects. The heavy reliance on income taxes by all levels of government is one reason for the extremely high marginal tax rales to which most workers are subject.

Review of the Multi-Hospital Arrangements Literature: Benefits, Disadvantages and Lessons for Implementation

1995 ◽  
Vol 8 (3) ◽  
pp. 24-35 ◽  
Author(s):  
Barbara Markham ◽  
Jonathan Lomas
Keyword(s):  
United States ◽  
Human Resources ◽  
The United States ◽  
Institutional Arrangements ◽  
Careful Evaluation ◽  
For Profit ◽  
Definitive Evidence ◽  
Canadian Context ◽  
Attention To Detail

The multi-hospital arrangements literature is reviewed for Canada and the United States. There is a notable lack of evaluations on the outcomes of these arrangements, especially in the Canadian context. For evaluations that do make it to the literature, generalizability of conclusions is difficult because most is based on case studies and relates to “for-profit” U.S. hospitals. We are forced to conclude, however, that there is little definitive evidence that quality of care is improved by multi-hospital arrangements or to support or refute the claims of better human resources deployment. The most striking organizational benefit appears to be that institutions considering merger or other arrangements are forced into explicit considerations of their mission and goals. Many of the potential disadvantages of multi-hospital arrangements may be ameliorated with appropriate strategic planning and attention to detail during negotiation of the arrangement. As new multi-institutional arrangements may cause harm as well as reap benefits, careful evaluation is needed.

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
Keyword(s):  
United States ◽  
South Africa ◽  
Selection Process ◽  
The United States ◽  
Informal Institutions ◽  
Informal Networks ◽  
Electoral Accountability ◽  
High Courts ◽  
Formal And Informal Institutions ◽  
Do So

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.

1 The United States: Eclecticism in the Service of Pragmatism

2007 ◽  
Author(s):  
Tushnet Mark
Keyword(s):  
United States ◽  
Structure Formation ◽  
The United States ◽  
Institutional Arrangements ◽  
Constitutional Amendment ◽  
Individual Autonomy ◽  
Constitutional Interpretation ◽  
The Supreme Court ◽  
Interpretive Methods ◽  
The U.S

The traditions of constitutional interpretation in the United States make it possible, and indeed relatively easy, to use interpretation as the vehicle for constitutional adaptation. The distinction between interpretation and alteration is accordingly quite thin. The interpretive traditions are decidedly eclectic. Interpretation relies on the words of the text as understood when they were made part of the constitution, general propositions about how institutional arrangements promote constitutionalism, ideas about the values of democracy and individual autonomy, and much more. This chapter looks at the U.S. constitution, its origins and structure, formation, and basis, as well as the legislature and the executive, the Supreme Court, constitutional amendment, problems and methods of constitutional interpretation, early examples of constitutional interpretation, considerations of administrability, (moderately) disfavoured interpretive methods, presumptive interpretation, preferred interpretive techniques, and eclecticism in practice.

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