Suchergebnisse

It is commonplace to equate the arrival of a new conservative administration in Washington, DC, with the "rolling back" of the federal activities. We disagree with this conventional perspective, and seek to demonstrate that the equation of conservative Republicanism and retrenchment elides a critical change in the relationship between party politics and State power—a relationship that Donald Trump seems determined to nurture. Drawing on primary research, we argue that partisanship in the United States is no longer a struggle over the size of the State; rather it is a contest to control national administrative power. Since the late 1960s, conservative administrations have sought to redeploy rather than dismantle or roll back state power. Through "redeployment," conservative presidents have sustained previous levels of State spending or State activity, but in a way reflecting a new administration's ideology.

This article examines the options for redressing abuse of office available to citizens in Soviet and post-Soviet Russia. I consider the courts, the procuracy, and the complaint mechanism as sites for citizens to lodge claims against abuse of office in late-Soviet and post-Soviet times. After the collapse of the Soviet system there was an attempt to overcome the Soviet legacy, to strengthen legal institutions and establish administrative justice. Analysis of Soviet and post-Soviet normative documents and statistical data allows us to argue that opportunities for Russian citizens to combat service crimes in the courts have improved substantially. However, the system for coping with abuse of office remains imperfect, and retains features of the Soviet legacy despite vague legislation about administrative justice and dual ways of coping with abuse through legal and quasi-legal mechanisms. The re-establishment of the complaint mechanism in the conditions of contemporary Russia exacerbates this imperfection. Overall, the complaint mechanism occupies a significant place in people's options for making claims against officials, especially claims against high-ranking officials.

This contribution discusses the construction of citizenship as a category of belonging in the newly formed multi-ethnic state of Bosnia-Herzegovina (BiH). due to the violent conflicts between 1991-1995, ethno-national identifications are today often seen as overriding and exculsive means of defining group-membership in BiH. Whether and how citizens fill the concept of citizenship with any meaning of belonging to a state-wide community remains an open question. Drawing on fieldwork recently conducted in Mostar, I provide some tentative answers to this question. My research focuses on the process of re-unifying politico-administrative structures in this formerly divided city and closely follows interactions between international agents, citizens and various public bodies. Attributing special importance to administrative categorization practices, I argue that these constitute a source of shared experience for citizens, thus shaping their perception of what it means to be a citizen of BiH. Events in Mostar show how such a shared experience of bureaucratic categorization practices might become a powerful incentive for multiethnic collective action and a source for imagining a multiethnic, civic community. I demonstrate the complexity of such processes in the case of the closely related post-war categories 'refugee', 'internally displaced person' and 'returnee' and conclude with some remarks on the intricacy of post-war state-building in Bosnia-Herzegovina. (Ethnopolitics)

Although the study of corruption has received increasing attention over the past decades, the theoretical progress of its earlier years has been increasingly relegated to a passive comment, resulting in an underdeveloped field as a whole. To address this issue, this paper explicitly adopts a prevalent definition of corruption—i.e. the abuse of entrusted power for private gain—and explores its meaning, nature, and theoretical evolution from the earliest human bands to the present era. The result is an examination of corruption's constitutive elements and the way they open the door for a historical account based on the social evolution of political agency and the development of increasingly specialized ethical duties. The arguments presented here aim to provide a road map for future comparative historical research on the subject, and the potential identification of social patterns which sustain corruption tolerance today.

In his opinion in Bosnian, Advocate General Lenz called attention to the function of EU competition law to control the private regulatory power of international sports associations. The true potential of EU competition law to protect athletes and other parties against regulatory overreach by sports associations, however, remains underexplored. This article examines the prospect of an increased use of EU competition law to challenge restrictive rules or abusive conduct and, consequently, to exert influence on the governance structure and institutional features of sports associations. First, it generally assesses the extent to which the rule-making activity of sports associations relating to the organization of sport satisfies the requirements for the application of Articles 101 and 102 TFEU. It will highlight that the analytical framework gives sufficient flexibility to take into account the specific characteristics of sport. Second, to practically illustrate the nature and function of EU competition law enforcement, it analyses European and national decisional practice regarding conflicts of interest between the role of sports associations as the regulator of their sport and their commercial interests in the events that they promote and organize.

This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending.David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected ";lawmakers"; then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves.Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped

The aim of this study was to examine the frequency with which child abuse pediatricians (CAPs) assess consultations as low versus high likelihood of abuse. In this retrospective secondary analysis of data from the Examining Siblings to Recognize Abuse (ExSTRA) study, the likelihood of abuse score for 2890 consultations at 20 medical centers was collected. Descriptive statistics were used to examine the percentage of cases representing low versus high likelihood of abuse (i.e., score of 1–4 vs. 5–7 on a 7-point scale). Linear and logistic regression analyses were used to examine score variability between medical centers. Overall, fifty-three percent of cases were assessed as low likelihood of abuse, suggesting that CAPs were equally as likely to assess a high versus low likelihood of abuse. The percentage of cases representing low likelihood of abuse differed significantly ( P < .001) between medical centers after controlling for patient age, sex, race/ethnicity, twin/triplet status, injury types, and injury severity. The variability between CAP assessments at different medical centers is discussed, along with potential contributors to this variability and directions for future work.