The Hughes Court

The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.

Policing Jim Crow America: Enforcers’ Agency and Structural Transformations

This is a critical historiographical essay animated by the research question of how the decisions of police and sheriffs illuminated and drove the transformation of white supremacy through different forms from emancipation to the end of Jim Crow segregation. It situates this focus amidst current methodological trends that stress structural oppression and argues that law-enforcers’ agency could illuminate discussions among historians and other scholars about the relationship between formal and informal law alongside the rise of the modern criminological state. The historical importance of enforcers is accentuated in the story told in each section—the shifting demographics of enforcement during Reconstruction; the inequalities of policing alongside lynching in the last decades of the nineteenth century; the complex interplay between policing and segregation statutes, colorblind criminal law, and mob violence in the Jim Crow South; the concurrent modernization of racialized policing nationwide; and the displacement of informal mob law and formal racial caste by a national regime of extralegal police violence, unequal patterns of incarceration and execution, and federal protections of civil liberties and civil rights.

Reproducing Populism

This chapter discusses the third mechanism populist presidents use to reproduce their power: the tilting of the electoral playing field. The chapter shows the centrality of free and fair elections in defining democracy. It then identifies and discusses the main characteristics of democratic elections. The remainder of the chapter shows how unconstrained populist presidents violate four central conditions of free and fair elections: the free formation of alternatives, the free formation of preferences, the freedom to express these preferences, and the neutral management of elections. The chapter argues that the illegal enabling of reelection and the elimination of term limits violate the free formation of alternatives; the restriction of political and civil liberties and unfair access to media undermine the free formation of preferences; voter intimidations and vote buying violate the freedom to express those preferences; and electoral fraud and institutional biases negate the neutral management of elections.

Curtailment of Civil Liberties and Subjective Life Satisfaction

This analysis focuses on the lockdown measures in the context of the Covid-19 crisis in Spring 2020 in Germany. In a randomized survey experiment, respondents were asked to evaluate their current life satisfaction after being provided with varying degrees of information about the lethality of Covid-19. We use reactance as a measure of the intensity of a preference for freedom to explain the variation in the observed subjective life satisfaction loss. Our results suggest that it is not high reactance alone that is associated with large losses of life satisfaction due to the curtailment of liberties. The satisfaction loss occurs in particular in combination with receiving information about the (previously overestimated) lethality of Covid-19.

AI audits for assessing design logics and building ethical systems: the case of predictive policing algorithms

Organisations, governments, institutions and others across several jurisdictions are using AI systems for a constellation of high-stakes decisions that pose implications for human rights and civil liberties. But a fast-growing multidisciplinary scholarship on AI bias is currently documenting problems such as the discriminatory labelling and surveillance of historically marginalised subgroups. One of the ways in which AI systems generate such downstream outcomes is through their inputs. This paper focuses on a specific input dynamic which is the theoretical foundation that informs the design, operation, and outputs of such systems. The paper uses the set of technologies known as predictive policing algorithms as a case example to illustrate how theoretical assumptions can pose adverse social consequences and should therefore be systematically evaluated during audits if the objective is to detect unknown risks, avoid AI harms, and build ethical systems. In its analysis of these issues, the paper adds a new dimension to the literature on AI ethics and audits by investigating algorithmic impact in the context of underpinning theory. In doing so, the paper provides insights that can usefully inform auditing policy and practice instituted by relevant stakeholders including the developers, vendors, and procurers of AI systems as well as independent auditors.

Is Democracy Necessary for Foreign Direct Investment Inflows in India?

India has developed a positive attitude towards the foreign direct investment (FDI) inflows during the last five years and made several changes in the market conditions, enhanced civil rights and liberties to attract more FDI inflows. This study examines the impact of democracy on FDI inflows in India by employing an autoregressive distributed lag (ARDL) model. For the said purpose, the study uses the annual data from 1980–2017. The findings demonstrate that the democratic setup does not induce FDI inflows in the short run, but there is a positive and significant impact of democracy in the long run. Furthermore, it confirms that gross national income per capita; trade openness, political rights, and civil liberties are significant and positive determinants of FDI inflows in India. Based on findings, this study recommends that India nurture democratic values, property rights security, and values of civil liberty & freedom to appeal for more foreign investment inflows into India progressively. JEL Codes: D73, C22, F14

Public Health and Social Measures to Mitigate the Health and Economic Impact of the COVID-19 Pandemic in Turkey, Egypt, Ukraine, Kazakhstan, and Poland During 2020-2021: Situational Analysis

Background The COVID-19 pandemic had enormous impacts on human society. There were similarities and differences in the public health and social measures taken by countries, and comparative analysis facilitates cross-country learning of contextual practices and sharing lessons to mitigate the COVID-19 pandemic impact. We aim to conduct a situational analysis of the public health and social measures to mitigate the health and economic impact of the COVID-19 pandemic in Turkey, Egypt, Ukraine, Kazakhstan, and Poland during 2020-2021. Methods We conducted a situational analysis of the COVID-19 pandemic response in Turkey, Egypt, Ukraine, Kazakhstan, and Poland from the perspectives of the health system and health finance, national coordination, surveillance, testing capacity, health infrastructure, healthcare workforce, medical supply, physical distancing and non-pharmaceutical interventions, health communication, impact on non-COVID-19 health services, impact on the economy, education, gender and civil liberties, and COVID-19 vaccination. Results Since the onset of the COVID-19 pandemic, Turkey, Egypt, Ukraine, Kazakhstan, and Poland have expanded COVID-19 testing and treatment capacity over time. However, they faced a shortage of healthcare workforce and medical supplies. They took population-based quarantine measures rather than individual-based isolation measures, which significantly burdened their economies and disrupted education. The unemployment rate increased, and economic growth stagnated. Economic stimulus policy was accompanied by high inflation. Despite the effort to sustain essential health services, healthcare access declined. Schools were closed for 5-11 months. Gender inequality was aggravated in Turkey and Ukraine, and an issue was raised for balancing public health measures and civil liberties in Egypt and Poland. Digital technologies played an important role in maintaining routine healthcare, education, and public health communication. Conclusions The COVID-19 pandemic has exposed weaknesses in healthcare systems in emerging countries of Turkey, Egypt, Ukraine, Kazakhstan, and Poland, and highlighted the intricate link between health and economy. Individual-level testing, isolation, and contact tracing are effective public health interventions in mitigating the health and economic impact of the COVID-19 pandemic in comparison to population-level measures of lockdowns. Investment in health, including digital health and communication, is essential to minimize the impact of the pandemic and for more equitable and sustainable development beyond the pandemic.

Determinants of health and education equality: evidence from post-Soviet states

PurposeThis article examines the determinants of social equality in the education and healthcare sectors in the 15 post-Soviet states. Focussing on regime type and civil society organisations (CSOs), it argues that countries where liberal principles of democracy are achieved or have a stronger civil society deliver a more equitable social policy.Design/methodology/approachThe empirical analysis rests upon a time-series cross-sectional (TSCS) analysis from 1992 to 2019. Data are collected from the Quality of Government (QoG) Dataset 2020 and the Variates of Democracy (V-DEM) Dataset 2020.FindingsThe findings demonstrate that while regime type only partially accounts for social equality, as electoral autocracies do not have more equitable social policy than close regime types and democracy weakly explains equality levels, the strength of CSOs is associated with more equality.Originality/valueThe article challenges dominant approaches that consider electoral democracy to be related to more equal social policy and demonstrates that de-facto free and fair elections do not impinge on social equality, while the strength of liberal and civil liberties and CSOs correlate with more equitable social policy.

Spying on Americans: US Intelligence, Race Protests, and Dissident Movements

Protests against racism erupt in cities across America. A White House, under siege, believes a vast conspiracy is at work, and, to uncover it, instigates a policy to spy on Americans. This is not the United States in 2020, but half a century earlier. Using a wealth of declassified records, this article explores a domestic intelligence collection program (CHAOS) instigated by two successive US administrations and conducted by the Central Intelligence Agency in the late 1960s and early 1970s. By studying this historical chapter, we observe how quickly an agency, equipped with intrusive powers, can infringe on Americans’ civil liberties when tasked by a US president. Applying this case to our contemporary context, this article argues that robust whistleblower procedures, as well as informal oversight, are powerful defenses against such abuses. Understanding why CHAOS occurred is an essential public policy first step to prevent similar abuses happening again.