scholarly journals Anticorruption in Brazil: From Transnational Legal Order to Disorder

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 326-330
Author(s):  
Michelle R. Sanchez-Badin ◽  
Arthur Sanchez-Badin

While the United States has had almost fifty years of experience with anticorruption law involving transnational enforcement, Brazilian anticorruption enforcement has not yet celebrated its first decade. In the notorious Car Wash case, however, Brazil is wrestling with the largest anticorruption investigation ever. The Car Wash case has resulted in numerous claims brought by a host of domestic agencies and foreign governments, many of which lack experience in anticorruption law. This essay argues that the Car Wash case reveals the weaknesses of the transnational anticorruption legal apparatus in Brazil. At both the national and transnational levels, the lack of coordination and the existence of competition among different levels of authority have undermined the main pillar of the regime: the collaboration agreements and the corresponding protection granted to whistleblowers. The Car Wash case illustrates how the current transnational anticorruption legal regime fails to promote order over disorder.

2019 ◽  
Vol 113 (3) ◽  
pp. 601-609

The Trump administration formally recognized Juan Guaidó as the interim president of Venezuela on January 23, 2019, making the United States the first nation to officially accept the legitimacy of Guaidó’s government and reject incumbent President Nicolás Maduro's claim to the presidency. In a campaign designed to oust Maduro from power, the United States has encouraged foreign governments and intergovernmental organizations to recognize Guaidó and has imposed a series of targeted economic sanctions to weaken Maduro's regime. As of June 2019, however, Maduro remained in power within Venezuela.


2021 ◽  
pp. 1-27 ◽  
Author(s):  
Julie VanDusky-Allen ◽  
Stephen M. Utych

AbstractIn this paper, we analyze how variations in partisan representation across different levels of government influence Americans’ satisfaction with the democracy in the United States. We conduct two survey experiments and analyze data from the 2016 American National Election Study postelection survey. We find that Americans are the most satisfied with democracy when their most preferred party controls both the federal and their respective state governments. However, we also find that even if an individual’s least preferred party only controls one level of government, they are still more satisfied with democracy than if their most preferred party controls no levels of government. These findings suggest that competition in elections across both the national and state government, where winning and losing alternates between the two parties, may have positive outcomes for attitudes toward democracy.


Author(s):  
Peter McCormick

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.


1989 ◽  
Vol 83 (1) ◽  
pp. 90-94
Author(s):  
Sonya D. Winner

In 1985 two intelligence agencies of the South Korean Government announced that they had successfully disrupted a North Korean spy ring operating in the United States. Their press release, which was widely publicized in the Korean press, named Chang-Sin Lee as a North Korean agent associated with a spy ring at Western Illinois University, where Lee had been a student. The story was picked up and reported in the United States by six Korean-American newspapers and a public television station. When Lee sued for libel, the defendants relied upon the official report privilege, which gives absolute protection to the accurate republication of official government reports. The district court, holding that the privilege applied and that Lee had not overcome it by showing malice, dismissed the case. Plaintiff appealed to the U.S. Court of Appeals for the Second Circuit, which in a two to one decision reversed (per Ervin, J.) and held: that the official report privilege does not apply to the republication of official reports of foreign governments. Judge Kaufman, sitting by designation, dissented from the majority’s reversal of the district court’s grant of summary judgment.


2021 ◽  
Author(s):  
Anthony D Mancini ◽  
Gabriele Prati

How does the prevalence of COVID-19 impact people’s mental health? In a preregistered study (N = 857), we sought to answer this question by comparing demographically matched samples in four regions in the United States and Italy with different levels of cumulative COVID-19 prevalence. No main effect of prevalence emerged. Rather, prevalence region had opposite effects, depending on the country. New York City participants (high prevalence) reported more general distress, PTSD symptoms, and COVID-19 worry than San Francisco (low prevalence). Conversely, Campania participants (low prevalence) reported more general distress, PTSD symptoms, and COVID-19 worry than Lombardy (high prevalence). Consistent with these patterns, COVID-19 worry was more strongly linked with general distress and PTSD symptoms in New York than San Francisco, whereas COVID-19 worry was more strongly linked with PTSD in Campania than Lombardy. In exploratory analyses, media exposure predicted and mapped on to geographic variation in mental health outcomes.


2021 ◽  
pp. 106591292110498
Author(s):  
Mikhail Ivonchyk

US states grant their local units different levels of autonomy in several dimensions including fiscal, functional, structural, and legal discretion. This study uses a comprehensive, multidimensional measure of autonomy to test its association with the fiscal behavior of over 19,000 municipalities in the United States. Competing theoretical predictions range from significant increases in government size (Leviathan model), to no effect (median-voter model), and even smaller governments (institutional collective action model). Quantile regression analysis is implemented to test the association between autonomy and fiscal behavior for different city sizes. The empirical findings indicate that cities with more autonomy tend to spend less and have lower taxes and debt. The strength of this relationship, however, varies by city size.


Author(s):  
Sean L. Malloy

This chapter looks at how the Black Power pioneers of the early 1960s discovered that relations between minority groups in the United States and the foreign governments or international organizations to which they appealed were seldom conducted on equal terms. While the mushrooming growth of the Black Panther Party (BPP) as a national organization in 1968 gave the party more leverage than Malcolm X or Williams had enjoyed as individuals, the Panthers still interacted with their potential state-level partners as supplicants rather than as equals. The ad hoc, person-to-person diplomacy that formed the foundation of these relationships often revealed ideological schisms both within the party and between the BPP and its potential allies.


Author(s):  
John H. Perkins

American power at the end of World War II was paramount. The usual image of this might, however, is formed more by the array of military and industrial components of American culture than by something as seemingly mundane as wheat breeding. Nuclear-tipped missiles, airplane and tank factories, engineering prowess, and motivated soldiers are more generally assumed to be the components of military strength, not scientists patiently crossing one strain of wheat with another and searching through the progeny for a better variety. In the direct exercise of military power, of course, the weapon systems and soldiers are the most important elements of power. Armies, however, exist only on the foundation of food supplies that are adequate for both the military personnel and their civilian support force. American strategists in both world wars were acutely aware of the role of agriculture in the projection of military might, and they considerably amplified agriculture’s importance in the aftermath of World War II. Specifically, through a variety of public and private initiatives, wheat breeding and other lines of agricultural science became an integral part of postwar American strategic planning. Put somewhat differently, after 1945, wheat breeding by American scientists became more than just an exercise in the modernization of agriculture. Old motivations for seeking new varieties did not disappear, but new motivations arose to justify expenditures. In addition, American scientists came to do their work not only in the United States for American farmers but overseas for foreign governments. Wheat breeding acquired ideological dimensions more elaborate than simply “the promo tion of progress.” Instead, wheat breeding and other agricultural science became part of the “battle for freedom.” In the process, many countries moved to new relationships with each other and with their own natural resource base. How did wheat breeding get caught up with strategic and national security considerations? It is necessary to follow a somewhat convoluted trail to answer this question, and the story can begin with the status of the United States after the collapse of Germany and Japan in 1945.


2001 ◽  
Vol 84 (3) ◽  
pp. 737-751 ◽  
Author(s):  
Charles B Bird ◽  
Rebecca J Hoerner ◽  
Lawrence Restaino ◽  
G Anderson ◽  
W Birbari ◽  
...  

Abstract Four different food types along with environmental swabs were analyzed by the Reveal for E. coli O157:H7 test (Reveal) and the Bacteriological Analytical Manual (BAM) culture method for the presence of Escherichia coli O157:H7. Twenty-seven laboratories representing academia and private industry in the United States and Canada participated. Sample types were inoculated with E. coli O157:H7 at 2 different levels. Of the 1095 samples and controls analyzed and confirmed, 459 were positive and 557 were negative by both methods. No statistical differences (p <0.05) were observed between the Reveal and BAM methods.


2020 ◽  
Vol 687 (1) ◽  
pp. 228-239
Author(s):  
Laurie O. Robinson

Policing in the United States is not the same profession it was before Michael Brown’s death on a street in Ferguson, Missouri, five years ago. Police use of lethal force has become central to the debate triggered by Ferguson. In this article, I review steps taken to implement policing reforms at local, state, and federal levels; note obstacles to reform; and speculate about which proposals advanced by authors in this volume might be implemented by policy-makers at different levels of government. I conclude by suggesting four areas where attention is needed if reform measures are going to be successfully institutionalized, and I comment on current bipartisan attention in Washington to criminal justice that offers the potential for federal action.


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