bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Rule of Law and Courts in Democratizing Regimes
Authors: Chavez Rebecca Bill 
Published: September 2009

Abstract
The rule of law is a broad concept that encompasses many areas including judicial autonomy, access to justice, human rights, and property rights. It entails the equality of all citizens under the law and predictability in the application of rules and regulations. The past decade has witnessed a growing recognition by political scientists that an independent judiciary can bolster both political and economic development. As nations struggle to consolidate democracy, we have witnessed a surge of promising new scholarship on the conditions under which the rule of law emerges and endures. Judicial independence and the rule of law constitute important bulwarks against the erosion of democratic institutions. According to the separation of powers approach, the rule of law becomes possible when no single actor or group of actors has sufficient power to dominate. In addition, the burgeoning literature on the construction of the rule of law includes impressive scholarship on the key role of non-state actors, particularly of civil society and the international community.
Civil Law and Common Law: Toward Convergence?
Authors: Mattei Ugo , Pes Luca G. 
Published: September 2009

Abstract
Convergence between the common law and the civil law tradition is a well-established topic of the academic discipline known as comparative law. In order to analyze analogies and differences between the common law and the civil law systems, comparative lawyers have developed a number of tools, among which convergence is quite an important one. Perhaps the best way to explore the issue of convergence between civil law and common law is thus that of observing a few classic loci oppositionis between the two families of legal systems. This article first presents a definition of convergence, offering examples of the various meanings that convergence has been given in comparative legal literature in different contexts. It then offers some illustration of both current and classic debates, in comparative legal literature, on the convergence of common law and civil law. The first part of the article unveils deterministic logic as one of the constitutive elements of the notion of convergence.
Constitutionalism
Authors: Whittington Keith E. 
Published: September 2009

AbstractConstitutionalism is the constraining of government in order to better effectuate the fundamental principles of the political regime. It can be argued that, in a sense (often associated with Aristotle), every country has a constitution. That is, every country has a governmental framework which can be described and categorized. Alternatively, constitutions might be identified specifically with a written document that formalizes the framework of government. Constitutionalism has often been associated specifically with liberalism, with the protection of individual rights against the state. For liberals emerging from the New Deal and World War II, attitudes toward judicial review diverged into two broad camps. For the first camp, the New Deal was about democracy and institutional authority within a democracy. For the second, it was about substantive values and gaining control over the levers of power, including the power of judicial review. This article reviews three kinds of constitutionalism: normative constitutionalism, conceptual constitutionalism, and empirical constitutionalism.
The Racial Subject in Legal Theory
Authors: Foster Sheila R. , Lenhardt Robin 
Published: September 2009

Abstract
Neither the subject of race, nor its racialized subjects, played a significant role in legal scholarship for most of the last century. It was not until relatively recently that legal scholars began seriously to engage matters of race and the experiences of people of color in the United States. This article examines the ways in which scholars have addressed the problem of race in legal theory. In offering this critical overview, it hopes to provide context for ongoing debates about the persistence of racial inequality in American society, to underscore the limitations of earlier theories about race and racial discrimination, and, ultimately, to highlight the promise of engagement with “traditional” legal theories for understanding the nature of racial subordination. First, the article explores legal discourse on race in the years preceding the groundbreaking U.S. Supreme Court decision, Brown v. Board of Education. It then charts the emergence of Critical Race Theory (CRT) before concluding with a discussion of fruitful areas of future study regarding the place of race in American law.
Judicial Independence
Authors: Cross Frank 
Published: September 2009

Abstract
Few cows are more sacred than judicial independence, yet the concept of an independent judiciary is more commonly apotheosized than analyzed. This article explains how the concept of judicial independence is much more complicated and ambiguous than it is often regarded. After reviewing and explicating the literature on judicial independence, it analyzes the meaning of judicial independence and then considers the degree to which the judiciary is independent, focusing on the federal judiciary of the United States. Independence plays an important role in a system of governance, but it is reasonably compromised to some degree by concerns for judicial accountability. In the United States, federal judges are essentially, but imperfectly, independent. The article proceeds to consider the sources of judicial independence. Although constitutional protections may have some value, the root of independence may derive from the interests of other political institutions. Finally, it considers the implications of judicial selection and retention, with a focus on the U.S. states, which provide a convenient testing ground.
Understanding Regime Change: Public Opinion, Legitimacy, and Legal Consciousness
Authors: Barclay Scott , Silbey Susan S. 
Published: September 2009

Abstract
By their willingness to revise existing constitutional definitions, courts help political institutions pursue popular policies. The idea of court-assisted regime change resonated within political science because it appeared consistent with contemporary policy controversies. In cases such as desegregation and interracial marriage, the Supreme Court of the United States appeared to be creating openings for state and local, as well as federal, agencies to incorporate popular demands for change. The requirement necessary for constitutional courts to accomplish regime change was clear: a population sufficiently aware of the role of a constitutional court to permit such a court to review and legitimate changes in rules required for new policies. This article argues that contemporary research on legal consciousness offers a means to explain the role of courts in facilitating and legitimating regime changes that keep government policy consonant, to variable degrees, with transformations in material conditions and popular sentiment. It discusses the mechanism of change and the mechanism of legitimation and presents a classic account of the role of the Supreme Court in American politics.
The Analysis of Courts in the Economic Analysis of Law
Authors: Kornhauser Lewis A. 
Published: September 2009

AbstractMany analyses of courts within the economic analysis of law are indistinguishable from those produced by positive political theorists; they consider how judges control, exploit, or resolve conflicts of interest among judges. This article considers three contributions by economic analysts of law outside this common, positive, political theoretic model but which still exploit the tools of rational-choice theory. These contributions either integrate appellate decisio -making within a more comprehensive model of litigant and trial behavior; assume that judges constitute a team with shared preferences; or assume that judges decide cases rather than announce or implement policies. These three elements yield a substantively different understanding of courts than the standard model of positive political theory (PPT). The assumption of shared preferences explicitly rejects the principal-agent model that is standard in PPT. The integration of appellate decision making with other aspects of the disputing process and the shift from policies to cases are consistent with, but potentially transformative of, the standard principal-agent models of adjudication.
Stress and Coping
Authors: O'Driscoll Michael P. , Brough Paula A. , Kalliath Thomas J. 
Published: September 2009

Abstract
This article considers research in the field of stress and coping via a focus on three specific areas: theoretical models of stress and coping and of work-related stressors in particular; the assessment of strain in work contexts; and coping strategies and coping measurement. It introduces and reviews the current research in each of these three areas and briefly identifies the emerging directions for consideration by stress and coping researchers. While the popularity of stress research has waxed and waned over the decades, the occurrence of major events (wars, technology, globalization) combined with advances in theoretical explanations (e.g., the transactional stress process, psychological burnout) have ensured that the relationship between individual experiences and subsequent health, adaptation, and performance remains a pertinent topic of enquiry.
Strategic Studies
Authors: Ayson Robert 
Published: September 2009

Abstract
This article discusses the complicated relationship between strategic studies and international relations, and that part of the latter discipline known as security studies. It argues that strategic studies deserves to stand alongside international relations as a direct subfield of political science. First, strategy is not so much a subset of security as its interactive partner. Students of strategy focus on the responses of states and other actors to the international security environment: If security is the condition, strategy is the reaction. Strategic action in turn affects the security conditions faced by other actors; again security is the condition, but strategy can also be the cause. It can be the independent variable. The use of force often has a major bearing on the security conditions faced by other actors (and by the user of the force themselves). There is at the very least an interactive relationship between strategic studies and security studies.
International Law
Authors: Byers Michael 
Published: September 2009

AbstractInternational law has received relatively little attention from scholars of international relations. And, despite the intrinsic relationship between politics and law, scholars of international law have devoted relatively little attention to international politics. A rapprochement is slowly taking place, but is far from complete. This article traces the history of theorizing at the border between international law and international relations in a chronological manner. It concludes by suggesting that one particular area — international lawmaking — offers rich territory for new analysis.
International Relations Theory from a Former Hegemon
Authors: Little Richard 
Published: September 2009

Abstract
This article assesses whether the status — past and present — of the former European great powers, and more specifically Britain, has had any impact on how theorists in these countries approach the study of international relations. Relatively little thought has been given to this topic. In part, this is because of the widespread acceptance of the positivist assumption that the aim of the social sciences is to develop a view of reality, independent of time and space — a ‘view from nowhere’, as Thomas Nagel (1986) puts it. But it is also because of the widespread belief that the American academy occupies a hegemonic position in the discipline, thereby undermining the potential for international relations theory to develop autonomously outside the United States. The article challenges both of these assumptions. First, it accepts the postpositivist argument that we have no alternative but to adopt a ‘view from somewhere’, and as a result our analysis necessarily embraces a subjective dimension. Secondly, it questions the hegemonic thesis and argues that, even if we only focus on Britain, it immediately becomes apparent that there have been autonomous developments in British international relations theory that relate specifically to the rise and fall of Britain as a great power.
The Concept of Power and the (Un)discipline of International Relations
Authors: Mattern Janice Bially 
Published: September 2009

Abstract
Where there is politics there is power. It is no surprise, hence, that the concept of power is fundamental to the study of world politics. Power, or, more exactly, the particular way in which it is conceived at any given time, has been a significant constitutive force defining the discipline of international relations. As an ‘essentially contested concept’ whose meaning has broadened substantially over the years, the developments in conceptual thinking about power have progressively demanded acceptance of new empirical focuses, research methods, and normative logics into the lexicon of what counts as international relations. Contestation over the concept of power, thus, has helped broaden the discipline. And yet, if a broad discipline is desirable for the ‘engaged pluralism’ it facilitates, such benefits seem to have escaped international relations. In fact, international relations scholars have responded to the breadth of the discipline by narrowing both their views on power and their empirical, methodological, and normative schemas. The unfortunate result is that international relations is less a discipline than a collection of insular research communities; it is an (un)discipline. If international relations is to amount to more than a cacophony of disconnected views on world politics, these niches need to communicate.
Public Management, Democracy, and Politics
Authors: Deleon Linda 
Published: September 2009

Abstract
Contemporary public management includes initiatives that pursue reforms. Reforms centered on producing more and better public services include those that aim to tighten and streamline the management of public bureaucracies, those that increase competition in order to offer citizens more choices, and those that center on increasing citizen participation in political and administrative processes. Other reforms attempt to empower workers in the hope of making them more creative and productive. Superficially, it may seem paradoxical that each vision of how to improve public management claims that it preserves and enhances democracy and improves governmental effectiveness. This article discusses three very different answers to the question of how public management can be both effective and democratic. Next, the research literature on several mechanisms for making public management more democratic is reviewed. And finally, a separate discussion briefly treats the question of how to make the internal workings of public organizations more democratic.
Public Accountability
Authors: Bovens Mark 
Published: September 2009

Abstract
Public accountability is the hallmark of modern democratic governance. Democracy remains a paper procedure if those in power cannot be held accountable in public for their acts and omissions, for their decisions, their policies, and their expenditures. Public accountability, as an institution, therefore, is the complement of public management. As a concept, however, “public accountability” is rather elusive. It is one of those evocative political words that can be used to patch up a rambling argument, to evoke an image of trustworthiness, fidelity, and justice, or to hold critics at bay. Historically, the concept of accountability is closely related to accounting. In fact, it literally comes from bookkeeping. Nowadays, accountability has moved far beyond its bookkeeping origins and has become a symbol for good governance, both in the public and in the private sector.
Innovation and Information Technology in the MNE
Authors: Cantwell John 
Published: September 2009

Abstract
This article focuses on the roles innovation and information technology play in the multinational enterprise. In recent years there has been a steady expansion in the literature that relates the internationalization of production to the development and transfer of technology by multinational enterprises (MNEs). It is a literature that can be dated back at least to John Dunning's (1958) seminal study of the impact of US MNEs upon UK technology and productivity, and Ray Vernon's (1966) development of the product cycle model (PCM) as an explanation of the technological dynamism associated with the growth of US foreign direct investment (FDI) in Europe in the 1950s and 1960s.
Contemporary Research Trends in International Marketing
Authors: Kotabe Masaaki , Jiang Crystal X. 
Published: September 2009

Abstract
International business research is probably more influenced by various forces of the economic and political climates than its domestic (or generic) counterpart. The emergence of new market economies in Eastern Europe, China, India, and Brazil, the consolidation of the European Union, as well as a decade of economic stagnation and recent resurgence in Japan's economy has given global competition greater significance. This article looks at research in international marketing to see if the discipline has overcome the deficiencies outlined in the previous studies. It examines the state of the art in international marketing research, with particular emphasis on conceptual frameworks and theory development. Its primary focus is on studies published since the year 2000 because the first decade of the twenty-first century has been characterized by changes in virtually all aspects of businesses and personal life.
China and International Business
Authors: Child John 
Published: September 2009

Abstract
This article discusses China's growing role in international business. It begins by describing developments in the country's inward and outward foreign direct investment (FDI) and the forms adopted for such investment. China is both a host environment and active player in the international economy which has become both hugely significant, and which poses new challenges for international business analysis. It continues by considering the kind of environment that China presents for international business, one in which the state continues to be closely involved. The last section turns to the implications China has for international business analysis, concerning the role of national institutions, the strategies available to foreign investing firms for coping with environmental complexity, and issues posed by its patterns of outward FDI.
Comparative International Business Research Methods
Authors: Collinson Simon C. , Pettigrew Andrew M. 
Published: September 2009

Abstract
The comparative method lies at the heart of social science research. In the field of international business it is national and regional diversity, the differences between places that influence business activities and management behaviour, that matter. This diversity demands adaptability in individuals and organizations, in response to cultural, social, political, institutional, environmental, economic, industrial, and market variety. This article examines the problems of comparative international research (CIR) in business and management studies. The literature on CIR methods over the past thirty years, whilst stressing the importance of robust methodologies, has been particularly critical of the widespread failure of researchers to avoid the pitfalls of poorly constructed cross-national comparisons.
Modeling the Influence of Personality on Individuals at Work: A Review and Research Agenda
Authors: Johnson Jeff W. , Hezlett Sarah A. 
Published: September 2009

Abstract
The purpose of this article is to review research relevant to understanding the processes through which personality influences work outcomes. It first provides an overview of personality constructs prominent in the literature on personality at work. Next, the article reviews recent research on personality measurement, including: issues associated with different measurement methods; and how the level of measurement and alternative personality taxonomies influence relationships between personality and work outcomes. It summarizes models describing the processes underlying observed correlations between personality traits and both attitudes and performance. The article then presents an integrated model of the relationship between personality and performance that pulls together aspects of each model reviewed. This model highlights the mediating role attitudes play in the path from personality to performance. The article closes with a research agenda suggested by the integrated model.
A Personality Approach to Entrepreneurship
Authors: Rauch Andreas , Frese Michael 
Published: September 2009

Abstract
The aim of this article is to review the personality approach on the basis of the theoretical framework, which assumes that the effects of a person's traits on his or her entrepreneurial behavior are mediated by specific traits and motivations, and moderated by environmental conditions. The article relies to a considerable extent on meta-analytical evidence. It argues that although the personality approach to entrepreneurship may help in explaining entrepreneurial behavior, it should be supplemented by sound and theoretically justified developments of modern personality psychology. The article also argues that it is essential to include a process view: Prime candidates for mediating processes are characteristics which are more proximal to the actions and the behavior of entrepreneurs. Although an individual's personality consists of stable trait components as well as of less stable ones, a personality approach also needs to consider the process dynamics of personality constructs.
Validity of Selection Procedures
Authors: Schmitt Neal , Fandre Jessica 
Published: September 2009

Abstract
This article addresses two major issues: How psychologists conceptualize the validity of the procedures they develop and use to select employees; and what reasonable estimates of the validity of those procedures are. Changes in the way one conceptualizes validity are obvious in the American Psychological Association Guidelines, the Society for Industrial and Organizational Psychology Principles, as well as recent textbook treatments of validity. At the same time that these changes in the ideas about measure validity have occurred, the use of meta-analysis has radically changed the discipline's thinking regarding the magnitude of the validity and utility of selection procedures, as well as their generalizability. Procedures developed to assess the extent of validity generalization have prompted a focus on true validity.
The Challenge of Remote Working
Authors: Hislop Donald , Axtell Carolyn , Daniels Kevin 
Published: September 2009

Abstract
Remote working has many synonyms—such as teleworking, telecommuting, or virtual working. It is often considered to be enabled by advanced information and communications technologies which allow the electronic transfer of information, so that workers can communicate and coordinate tasks in multiple locations and asynchronously. It is the purpose of this article to explore the nature, consequences, and management of remote working. The article starts by examining the incidence of remote working, the major aspects of remote work, and why this form of working is attractive. It then moves on to explore workers' experience of remote work. The article also examines issues in the coordination of remote teams and communication between remote workers. The final section examines the management of remote workers.