The governance bank

While the cancellation of a number of high‐profile loans because of corruption concerns has made headline news, the World Bank's principal approach to poorly governed countries is lending in order to support reforms. Although designed to be an apolitical technocratic development financier, increasingly the Bank has focused its attention and resources on promoting good governance in its borrowers. Bank lawyers and presidents have attempted to hive of apolitical aspects of governance by arguing a distinction between the rule of law and the political character of government, but this distinction is illusory. The Bank's inability to address the political embeddedness of poor governance in neo‐patrimonial governments skews risk assessments and impedes the formation of effective strategies. Reform of the charter would not eliminate the Bank's bureaucratic and political constraints.     

Jefferson's Legacy to the Supreme Court: Freedom of Religion

Except for Rhode Island, each of the thirteen American colonies created some form of established religion. The English venturists who undertook settlements in New England and Virginia simply assumed that religion would be inextricably tied to their colonial enterprises. ¹ The 1606 charter creating the Virginia colony required that all ministers preach Christianity that followed the “doctrine, rights, and religion now professed and established within the realme of England”—in other words, the Church of England. ² To bolster the struggling Jamestown settlement, in 1610–11, Sir Thomas Dale promulgated “Articles, Lawes, and Orders, Divine, Politic, and Martiall for the Colony in Virginia.” Clergymen were to read “Dale's Laws,” as they were labeled, to assemblies every Sabbath. The thirty‐seven rules included eight that specifically referred to God and prohibited impiety, blasphemy, sacrilege, and irreverence toward preachers or ministers. The sixth law was particularly notable for its strict religious requirements and harsh penalties for violations: “Every man and woman duly twice a day … shall … repair unto the Church to divine service upon pain of losing his or her days allowance for the first omission, for the second to be whipped, and for the third to be condemned to the Gallies for six months. Likewise no man or woman shall dare to violate or break the Sabbath by any gaming … but duly sanctify and observe the same, both himself and his family, by preparing themselves at home with private prayer, that they may be better fitted for the public according to the commandments of God and the orders of our Church. …” ³ Colonists faced the death penalty after the third offense of missing morning and afternoon Sunday devotional services.     

The Political Economy of Exile in the Great Dismal Swamp

The Great Dismal Swamp in North Carolina and Virginia has a history of profound significance to scholars and historians of North American diasporas. Between 1630 and 1865, thousands of maroons, enslaved canal company laborers, and disenfranchised Native Americans lived within this morass and formed communities that were connected through a dynamic swamp-wide political economy. The Great Dismal Swamp Landscape Study has been initiated to explore the archaeological landscapes of these Diasporans. This essay discusses several aspects of the theoretico-analytical research model that has guided this ongoing project. Also, included are brief explications on the methods and results of the first season of archaeological survey in the Great Dismal Swamp National Wildlife Refuge.     

Examining the Impact of Charter Schools on Performance in Traditional Public Schools

Charter schools have grown in popularity, as both citizens and government officials search for ways to improve public education in America. Much of the research on charter schools focuses on academic performance comparisons between charter schools and traditional public schools. Far less attention has been devoted to whether the presence of charter schools creates marketlike environments that bring about systemic improvements in public education. This study examines the extent to which charter schools stimulate performance gains in traditional public schools. The results show that charter schools contribute to modest overall performance improvements for students enrolled in traditional public schools. Charter schools help bring about stronger performance gains for low-income students enrolled in traditional public schools. The presence of charter schools also affects how financial and programmatic resources are allocated in traditional public schools.     

Coping With Competition: The impact of Charter Schooling on Public School Outreach in Arizona

Advocates of market-based education reform hypothesize that competition will cause traditional public schools to increase outreach efforts as they seek to market themselves. Advocates hope such efforts will result in more information on school activities and performance and thereby enhance accountability. We examine the effect of charter school competition on outreach efforts by a sample of 98 Arizona district schools, finding that charter competition is associated with a short-term increase in outreach. Organizational structure influenced school response, with more decentralized district schools responding more readily to charter competition. Competition modestly increased information regarding schooling in the short run, although long-term implications are less clear.     

The chrysobull of Alexius I Comnenus to the Venetians: the date and the debate

Emperor Alexius I Comnenus granted to the Republic of Venice a generous chrysobull of privileges and property in return for the latter's support in Byzantium's war with the Normans. Despite more than a century of criticism, scholarly consensus continues to favour May 1082 as the probable date for this important chrysobull. Various attempts by scholars to offer alternate dates have not met with success or acceptance. The evidence for the date of the imperial charter can be divided into three categories: near-contemporary chronicles, contemporary archival documents, and textual/paleographic evidence. An examination of the evidence considered in its totality appears to confirm the traditional date of May 1082.     

Flexibility Meets Accountability: State Charter School Laws and Their Influence on the Formation of Charter Schools in the United States

Using an original and unique database of state charter school laws that we have developed, we analyze how state policymakers have incorporated two key values into state charter school laws: flexibility and accountability. We supplement this database with other state‐level measures to answer two specific questions: What factors influence the degree of flexibility and accountability in state charter school laws? How does the content of state charter school laws, and the different values those laws embrace, affect the formation of charter schools in the United States? Overall, we show that state political and contextual factors help account for the degree of flexibility, but not accountability, in state charter school laws. Further, we show that the degree of flexibility, accountability, and political and contextual factors influence the number of charter schools that form in the states.     

Variations in the Diffusion of State Lottery Adoptions: How Revenue Dedication Changes Morality Politics1

Previous studies of morality policy adoption and diffusion often have failed to define the characteristics of a morality policy that result in certain kinds of politics. For example, studies of lottery diffusion include all lottery adoptions, treating them as possessing characteristics that render their politics similar. In this article we explore the possibility that different types of lotteries generate different types of politics. Although all lotteries involve considerations of morality, some types of lotteries can involve additional values beyond concerns about the “sin” of gambling. The dedication of lottery revenue to a specific purpose can arouse these additional concerns and change the politics of adoption. We hypothesize that dedication of lottery revenue to the general fund will therefore generate different politics of adoption than lotteries designed to fund education. We find that previous findings on lottery diffusion apply only to general fund lotteries. If lottery revenue is dedicated to education, the potent symbol of children's education significantly changes the politics of adoption.     

In the name of a distant king: representing royal authority in the county of Castile,c.900–1038

This article explores the representation of royal power in the tenth‐century county of Castile by contrasting the low degrees of effective royal agency within the county with a dominant charter‐writing tradition that coupled king and count in the synchronisms of the dating clauses. The components of the Castilian charter corpus are broken down and compared to other areas in northern Iberia, in order to suggest that, rather than a mere regional charter‐writing tradition, this practice reflects a widespread political culture that sought to legitimize the counts' unitary leadership of Castile by reference to a prestigious yet distant royal figure.     

What Drives Charter School Diffusion at the Local Level: Educational Needs or Political and Institutional Forces?

While the number of charter schools has increased rapidly in the United States, few studies have examined whether charter schools are implemented in response to real and perceived educational needs or to political and institutional factors in the education policy arena. Unlike traditional policy adoption and diffusion studies that focus on the state level and use a dichotomous dependent variable—adoption or not—this article focuses on local school districts and uses the number of operating charter schools as the dependent variable. Accordingly, instead of applying event history analysis, this article conducts generalized event count regression to estimate models. Based on a data set that consists of Florida's 67 school districts across a six‐year time period, the results suggest that charter school diffusion is more heavily driven by political and institutional factors than by educational needs. The results also demonstrate a dynamic trend of charter school diffusion over time.     

Security and democracy: the ASEAN charter and the dilemmas of regionalism in South‐East Asia

In November 2007, the heads of the ten member governments of the Association of South‐East Asian Nations (ASEAN) signed a charter that will, once ratified, give the association a legal personality. The charter, significantly, requires more of its members than a reassertion of the traditional ASEAN norm of non‐interference and the practice of consensus. The charter lists a number of novel goals among the organization's purposes: ‘to strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms.’ In view of the wide economic and political disparities between the member states of ASEAN, this article examines whether strengthening democracy would in fact facilitate ASEAN's goal of becoming an integrated political, economic and security community. Rather than enhancing an integrated community, democratization would arguably create a faultline between the more politically mature and economically developed states and a northern tier of less developed, authoritarian single‐party dominant regimes in South‐East Asia. Moreover, given China's emerging political and economic importance to the region, such a strategy would, as if by an invisible hand, draw the more authoritarian ASEAN states into China's less than democratic embrace. This article concludes that rather than strengthening democracy, ASEAN's charter needs urgently to reinforce practices of rule governance and mechanisms of market integration to enhance both ASEAN's economic profile as well as the region's autonomy.     

The coronation charter of 1100: a postponement of decision. What did not happen in Henry I's reign

The charter issued by Henry I on his coronation in 1100 has been regarded since Stubb's time as a prefigurement of Magna Carta, since it restricted the rights of the monarch. It has also been seen as a cunning political manoeuvre designed to strengthen the shaky position of Henry I during the tense days and months following the death of William Rufus. The present article does not set out to undermine either of these two positions. The charter played a part in the discussions between the king, the Church and the barons in 1135, 1154 and 1213. There was no such discussion in 1100 when the charter was formulated. At that earlier date the role of the monarch was predominant, as it had been since 1066. As yet the Church and the barons had no active part to play.     

Gambling and Income Inequality in the States

Since the early 1970s, income inequality in the United States has increased dramatically. We examine the impact of gambling on income inequality in the American states from 1976 to 1995. Using state-level data over time to evaluate the effects of various types of legalized gambling, from slot machine parlors to lotteries, we find clear evidence that lotteries foster inequality but no evidence of a similar effect for other types of gambling. These results suggest that the increasing prevalence of various forms of nonlottery gambling will have little effect on income inequality.     

Literacy and the law in Lombard government

This article examines the Lombard law code as evidence for literate practices in government and society in seventh- and eighth-century Italy. The effectiveness of the code as an instrument of government is testified by the charter evidence, in which the precepts of the code are implicitly acknowledged or cited directly. Although largely the result of a necessary appropriation of late Roman property law, Lombard legislation and notarial practice applied further literate methods to document, and hence to validate, a range of transactions. The use of written law was not merely limited to male landowners, but affected Italo-Lombard society more widely, as is revealed by the evidence for women's property rights and manumission. The charter evidence and references within the code itself suggest that various uses of writing for governmental administration extended beyond the royal and ducal levels into local society.     

The Significance of Networking and Company Size in the Level of Creativeness of Tourism Companies: Antalya Case

The importance of creativeness and networking in the attainment of global competitiveness has been emphasized in local development literature. The level of creativeness of a company is influenced by its level of networking at both global and local levels, as well as its “institutional thickness”. The aim of this paper is to explore the role of local, global and associational networking, as well as company size, in the contribution of tourism companies to the level of their creativeness. Following a different approach from previous research, this paper addresses the tourism dimension of networking and creativeness not only to tourism but also to local development literature by providing empirical evidence and employing a quantitative method of analysis based on a firm-level survey. The findings of the paper reveal that there is a relationship not only between the associational and global levels of networking and creativeness, but also between the size of a tourism company and its level of creativeness. Based on these findings, this paper emphasizes the need of a tourism company to develop networks at global levels in particular, but also at local and associational levels, to develop creative practices and to facilitate the sustainable development of tourism regions.     

对中国全面军事侵略及对平民的暴行——证据总结和论证要点

大卫·萨顿(David Nelson Sutton,1895-1974)出生于美国弗吉尼亚州国王皇后县,1915年毕业于美国里士满大学,获学士学位,曾参加第一次世界大战。1919年退伍后考入美国弗吉尼亚大学法学院,毕业后在弗吉尼亚州西点从事律师工作,是美国律师协会会员,并担任弗吉利亚州威廉王县检察官(1926-1946)、弗吉利亚州律师协会会长等职务。1946年1月,萨顿应邀参加东京审判,在国际检察局任副检查官(Associate Counsel)。同年3月,萨顿与国际检查局的莫罗(Morrow)&裘劭恒前往中国进行了为期五个星期的调查取证工作,并获得了31名证人的书面证词。5月31日,萨顿等人再次前往上海、南京会晤证人,并挑选了15名证人于6月12日返回东京。萨顿与莫罗作为检方律师,全程参与了远东国际军事法庭关于“中国阶段”的庭审工作——出示证据、提供证人。本文是萨顿对检方搜集的日本侵华证据的总结,在大量证据的基础上,勾勒出七七事变前后日本违反国际条约义务,对中国全面军事侵略的步骤与模式,即对平民的暴行发生在所有占领区,并着重论述了日军在南京暴行持续的时间、死难者和被强奸者人数,以及日本政府和相关被告应承担的责任。本文中的英文注释均为原文所加。其英文打印件藏于美国里士满大学Muse法学院“萨顿档案”之中。     

The Levant Company under Attack in Parliament, 1720–53

Parliamentary debates concerning the British chartered companies in the 18th century are an important resource which can provide a range of insights into the fate of the companies, the concerns of British economic policy, and the process of political decision making on economic issues. Of all the parliamentary debates concerning chartered companies in the 18th century, those concerning the Levant Company have received the least scholarly attention. This article examines a series of debates involving the Levant Company during the period 1720–53. These debates saw the company increasingly put on the defensive. By the middle of the century, there was, in the words of the duke of Bedford, ‘a very great outcry against companies of all kinds’. However, the debates concerning the Levant Company did not turn on competing views regarding political economy. War was an influence on the timing of the debates, but it was the economic impact of the company's deteriorating competitive position on its woollen cloth suppliers from the west country which was crucial. As French competition gained momentum, cloth exports fell and the political pressure on the company intensified. In the face of this, the company was far from defenceless in parliament. It had influential supporters and did not hesitate to pander to fears about the potential domination of its trade by jewish merchants. The company was forced to lower its admission fee in 1753, but survived and continued to operate into the 19th century.