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Strength of Review and Scale of Response: A Quantitative Analysis of Human Rights Council Universal Periodic Review on China
Moral Crimes Post-\u3cem\u3eMellouli\u3c/em\u3e: Making a Case for Eliminating State-Based Prostitution Convictions as a Basis for Inadmissibility in Immigration Proceedings
Bureaucratic Speech: Language Choice and Democratic Identity in the Taipei Bureaucracy
This article illuminates the social nature of bureaucratic practice. Analyzing the everyday speech of bureaucrats in a polyglossic society reveals both their intensely interactive conduct and their recognition that the government they comprise is itself a participant in a social world of institutions and values. My ethnography shows how Taipei city government administrators mobilize ideologies associated with Taiwan’s two primary languages, and stereotypes associated with bureaucracy, to undermine both. Instead, they present themselves as a post-ethnonational and post-bureaucratic avant garde of their new democracy. In doing so, they draw on local values and tropes of legitimation, which place a premium on the personalistic relations and social imbrications of government actors — relations that democracy, for all its potential to spawn dangerous chaos, is seen to facilitate. They represent their government employer not by claiming a superordinate status for it, but by situating it as one participant within a complex of institutions, networks, and values. In illuminating both the internally and the externally social nature of government bureaucracy, I highlight the creative and progressive possibilities hidden within the drab government office
The Altruistic Rich? Inequality and Other-Regarding Preferences for Redistribution
What determines support among individuals for redistributive policies? Do individuals care about others when they assess the consequences of redistribution? This article proposes a model of other-regarding preferences for redistribution, which we term income-dependent altruism. Our model predicts that an individual’s preferred level of redistribution is decreasing in income, increasing in inequality, and, more importantly, that the inequality effect is increasing in income. Thus, even though the rich prefer less redistribution than the poor, the rich are more responsive, in a positive way, to changes in inequality than are the poor. We contrast these results with several other prominent alternatives of other-regarding behavior. Using data for the United States from 1978 to 2010, we find significant support for our claims
Judicial Supremacy in Comparative Constitutional Law
This Article challenges the prevailing conception of judicial supremacy in comparative constitutional law as informed by U.S. and Western models of constitutionalism and argues for re-conceptualizing judicial supremacy in a way that captures the broader range of institutional roles courts play globally. Drawing on insights from global constitutional systems, this is the first article to argue for and develop an institutional conception of judicial supremacy that focuses on three key institutional roles played by courts globally: constitutional guardianship, institutional guardianship, and governance optimization. It then provides a dynamic account of the emergence of “expansive” judicial supremacy in India through a study of the Indian Supreme Court’s assertion of these institutional roles.
The Article seeks to uncover the institutional conception of judicial supremacy and its global applicability by comparatively analyzing the institutional roles asserted by courts in India, Germany, Turkey, Colombia, and South Africa. It concludes by suggesting that India represents an “expansive” model of judicial supremacy that poses challenges for regime politics, theories of judicial power, and constitutionalism by illustrating how courts themselves can redefine constitutional norms, consolidate institutional control over the judiciary, and restructure governance