1,241-1,260 of 1,332 Results

Article

Kerry A. Chase

Government policies to protect and promote national culture are a perennial issue in the trading system. Controversy over trade and culture, in almost every instance, swirls around entertainment media—mainly movies, television, video, and music. The object of contention is that many states employ an assortment of financial, trade, and regulatory measures to subsidize locally produced entertainment, restrict imports, and favor national content over foreign content. Such measures often impede trade, pitting commercial interests in open markets and free choice against calls for state action to mitigate trade’s social repercussions. Differing perspectives on the motives behind these policies typify disputes over trade and culture. In one view, state regulation of entertainment media is cultural policy, an essential means of preserving a nation’s identity, culture, and way of life. From another vantage point, these policies are backdoor protectionism, a handout to local business and labor under the guise of cultural preservation. The problem of trade and culture therefore raises basic questions about politics: Why do states subsidize production and restrict imports? What drives political demands for trade protection and government aid? How can variation in policy responses be understood? In the World Trade Organization (WTO), disputes over trade and culture center on two related issues. The first is inclusion of a “cultural exception” in trade rules to green-light, on cultural grounds, state actions that interfere with trade in entertainment media. Although there is no cultural exception in the WTO, pressure to accommodate the “specificity” of entertainment media as a cultural phenomenon has complicated trade negotiations and at times required give and take to placate the opposing sides. The second issue is policy liberalization in entertainment media, which has lagged behind market opening in many other goods and services. Deadlock over trade and culture has inspired some WTO members to explore other options: the European Union (EU) and Canada spearheaded the push for a Convention on Cultural Diversity, and the United States has pursued policy liberalization in a series of free trade agreements. Important political questions again crop up: Why has culture stalemated the WTO, and why haven’t trade linkages like those for health safety standards been institutionalized for trade and culture? Why do international political alignments on this problem form as they do? What explains the design of trade rules for entertainment media, and what is the trade regime’s impact on state policy? The age-old conflict over trade and culture continues to play out and shows no signs of abating.

Article

Although unionized workers have rarely represented more than a small minority of the population anywhere in sub-Saharan Africa, trade unions have played, and continue to play, a significant political role. Trade unions still occupy strategic choke points in many African economies, particularly around transport infrastructure, and retain a spatially concentrated organizational base as well as a degree of symbolic power drawn from participation in struggles against colonialism, apartheid, and authoritarianism. Three persistent dilemmas have strongly shaped the role of African trade unions and driven much of the academic debate about them. First are debates about the relationships between trade unions and political parties. These date to the often-fraught relationships between unions and anti-colonial movements in the last years of colonial rule. Pitched struggles, both within trade unions and between unions and governing parties, were often fought in the decade after the end of formal colonization over the degree of autonomy that unions should have from governing parties. These were often resolved through the widespread repression of politically independent unionism in the 1970s. This relationship, however, became untenable under processes of structural adjustment, and unions have often played a significant role in protests against neoliberal reforms, which have spurred widespread political transformation. Second are debates about the relationships of trade unions to non-unionized workers, especially the unemployed or the “informal” sector. Critics on both left and right have long pointed to the relatively privileged position of trade unions. This has consistently been invoked by governments seeking to justify the limited political role of trade unions as well as policies for wage restraint, state retrenchment, or currency devaluation that have negatively affected organized labor. However, given the increasingly widespread nature of informality and unemployment in contemporary Africa, trade unions have begun to make tentative steps toward organizing informal and unemployed workers in some cases. Finally, the relationships of African unions to the international labor movement and to international organizations have often been important. African unions have frequently drawn on links to international trade unions, regional institutions, or the International Labour Organization (ILO) as a way of compensating for domestic weaknesses. These strategies, however, have often engendered significant conflicts around the differing objectives of African and metropolitan actors, between African unions over access to international resources, and concerning “imperialism” by American and European unions.

Article

The links between unions and political parties have been present throughout much of the 20th century and early 21st century in most Latin American countries. Since these links were historically one of the most important resources of union power, by compensating the structural weakness of wage-workers in the labor market, their weakening in the framework of economic transformations and ideological turns generates a greater concern on the future of trade unions. In this context, there has been an increased urgency to reconsider old political identities and construct other resources for power, such as alliances with social movements and international solidarity. The new bonds forged under democratic regimes or during the transition processes were more flexible, informal and with greater autonomy between partnerships than the old ones that resulted from the initial incorporation of workers in the political arena under authoritarian regimes. Consequently, in those cases greater opportunities can be opened to democratize and revitalize unions through the construction of new sources of power.

Article

Most African countries are characterized by parallel institutions, one representing the formal laws of the state and the other representing the traditional institutions that are adhered to more commonly in rural areas. The parallel institutional systems often complement each other in the continent’s contemporary governance. Oftentimes, however, they contradict each other, creating problems associated with institutional incoherence. Why the traditional systems endure, how the institutional dichotomy impacts the process of building democratic governance, and how the problems of institutional incoherence might be mitigated are issues that have not yet received adequate attention in African studies. The evidence suggests that traditional institutions have continued to metamorphose under the postcolonial state, as Africa’s socioeconomic systems continue to evolve. Despite such changes, these institutions are referred to as traditional not because they continue to exist in an unadulterated form as they did in Africa’s precolonial past but because they are largely born of the precolonial political systems and are adhered to principally, although not exclusively, by the population in the traditional (subsistent) sectors of the economy. Subsequent to the colonial experience, traditional institutions may be considered to be informal institutions in the sense that they are often not sanctioned by the state. However, they are not merely customs and norms; rather they are systems of governance, which were formal in precolonial times and continue to exist in a semiformal manner in some countries and in an informal manner in others. Another issue that needs some clarification is the neglect by the literature of the traditional institutions of the political systems without centralized authority structures. In general, decentralized political systems, which are often elder-based with group leadership, have received little attention, even though these systems are widespread and have the institutions of judicial systems and mechanisms of conflict resolution and allocation of resources, like the institutions of the centralized systems. Careful analysis suggests that African traditional institutions lie in a continuum between the highly decentralized to the centralized systems and they all have resource allocation practices, conflict resolution, judicial systems, and decision-making practices, which are distinct from those of the state.

Article

Traditional leaders have a significant role in the social, political, and economic lives of citizens in countries throughout Africa. They are defined as local elites who derive legitimacy from custom, tradition, and spirituality. While their claims to authority are local, traditional leaders, or “chiefs,” are also integrated into the modern state in a variety of ways. The position of traditional leaders between state and local communities allows them to function as development intermediaries. They do so by influencing the distribution of national public goods and the representation of citizen demands to the state. Further, traditional leaders can impact development by coordinating local collective action, adjudicating conflicts, and overseeing land rights. In the role of development intermediaries, traditional leaders shape who benefits from different types of development outcomes within the local and national community. Identifying the positive and negative developmental impacts of traditional leaders requires attention to the different implications of their roles as lobbyists, local governments, political patrons, and land authorities.

Article

While a phenomena dating back to antiquity, it wasn’t until the 1960s that American and European social scientists began seriously discussing occurrences in which it appeared as if localities, states and nations in close proximity were adopting similar policies and programs. These early diffusion studies led to a new field that has variously been referred to under titles such as policy transfer, lesson drawing, policy translations, and policy mobility. While having different focuses and agendas, all of these studies attempt to address issues associated with the movement (or active rejection of a possible movement) of ideas, information, policies, and programs from one political system to another. While all transfer studies have helped focus social scientists’ attention on the processes and actors involved in the transfer of ideas, techniques, policies, information, and programs, a better link to the knowledge utilization and learning literatures would help advance the usefulness of transfer studies. At a minimum, by considering the insights from the learning and utilization literatures, social scientists should begin understanding some of the outlook changes that individuals involved in transfer undertake that impact individual and institutional long-term understanding of the process and results. It will also start to help opening up the policymaking process to further scrutiny, particularly in relation to where information is flowing and how it is being used as a policy develops and changes.

Article

Our understanding and treatment of gender in the United States has evolved significantly over the past four decades. Transgender individuals in the current U.S. context enjoy more rights and protections than they have in the past; yet, room for progress remains. Moving beyond the traditional male–female binary, an unprecedented number of people now identify as transgender and nonbinary. Transgender identities are at the forefront of gender policy, prompting responses from public agencies at the local, state, and federal levels. Because transgender individuals face increased rates of discrimination, violence, and physical and mental health challenges, compared to their cisgender counterparts, new gender policy often affords legal protections as well as identity-affirming practices such as legal name and gender marker changes on government documents. These rights come from legal decisions, legislation, and administrative agency policies. Despite these victories, recent government action targeting the transgender population threatens the progress that has been made. This underscores the importance of comprehensive policies and education about transgender identities to protect the rights of transgender people.

Article

Transgender people have a complicated history in U.S. law and policy. Once thought of as a symptom of homosexuality, gender nonconformity has long been the subject of social disapprobation and legal sanction, including criminalization. Beginning in the 1950s, an emergent interest by the medical community in individuals suffering from “gender dysphoria” precipitated an identity politics primarily organized around a goal of access to competent medical care and treatment for transsexual individuals. In ways both significant and ironic, this medicalization both promoted a binary ideology of gender, most obvious in concepts like male-to-female or female-to-male transsexualism, and created space for more transformative concepts of gender fluidity and transgender identity to emerge. Long conceptualized as a kind of subsidiary of the gay and lesbian rights movement in the United States, a status that entailed considerable turmoil, the transgender movement, especially since the 1990s, has emerged as a vocal and relatively effective rights lobby in its own right. The advent of the Trump administration presents a pivotal moment that will likely test not only the durability of recent policy gains but also whether those gains can be expanded in any significant measure.

Article

Although the Trump Administration has been decidedly unfriendly to transgender Americans, there is no question that transgender people have made substantial policy, political, and societal gains in recent years. These gains are the result partially of the activities of political organizations that advocate on behalf of transgender Americans. As of 2019, there were approximately 20 nationally active transgender rights interest groups in the United States, including several relatively well-resourced professional organizations. There are also dozens of active state, local, and regional transgender rights organizations. What have we learned about transgender rights interest groups? First, transgender rights organizing began in the mid-1960s but did not really get off the ground until the mid-1990s. Second, there are probably more transgender rights interest groups operating in the United States today than there ever have been. Third, as the number of stand-alone transgender rights groups has grown, so has the number of broad-based LGB groups who have “added the T,” that is, added advocacy for transgender rights to their missions. Although the scholarly literature on transgender rights interest groups is severely limited, a number of sources, including primary source materials available through transgender and LGBT archives, historical treatments of transgender politics, and the writings and works of transgender activists, shed light on the history and activities of these groups.

Article

In the early 21st century the public debates about the inclusion of gender identity in public accommodations municipal ordinances and statewide and national laws represent another step in the ongoing struggle of the social movement seeking to advance the rights and liberties of lesbians, gay men, bisexual, transgender, and other queer (LGBTQ) people. Situating these current debates in the larger context of the LGBTQ movement connects this emergent issue to that broader struggle. The LGBTQ social movement and its counter-movement, often referred to as the Religious Right, have had numerous battles over social policy since the late 20th century. Importantly, movements and their counter-movements identify winning strategies and, at times, tactically innovate so as to effect a shift in current tactics in light of a failing strategy. Tactical innovation includes shifting policy debates, which has been a primary tactic of the counter-movement to LGBTQ rights. Transgender rights broadly and public accommodations policies specifically represent a tactical innovation in the ongoing development of LGBTQ rights in the United States. How has gender identity inclusion in public accommodations been addressed in politics, policy, and law? There are numerous dimensions of gender identity public accommodations policies as understood in social movements, American law, public policy and administration, public opinion, and sociology and social psychology. Public accommodations are a constant source of public contention. The legal landscape in constitutional, federal, state, and municipal approaches to these policies remains uncertain, and there are competing interpretations of law in whether gender identity protections are covered in existing federal statutes. The rhetoric of the policy debates in both state legislatures and initiative and referendum campaigns primarily focuses on the potential harms to women and girls brought about by men taking advantage of such laws to assault them in sex-segregated public facilities. An account of public opinion about these policies also shows that American adults are far more divided about transgender people using restrooms consistent with their current gender identity than other aspects of transgender rights such as employment nondiscrimination policies. Experimental interventions, such as in-depth conversations encouraging people to consider the day in the life of a transgender person, reduce transphobia and make people more resistant to arguments opposed to the inclusion of gender identity in public accommodations laws. Finally, some have questioned whether sex classifications are needed in public policy and how current non-discrimination laws achieve their stated goals without such a system. Further development and inquiry absolutely are needed in all these areas.

Article

The situation of trans rights in Latin America varies greatly by country and region despite a binding 2017 opinion from the Inter-American Court of Human Rights (IACHR) clarifying member states’ obligations to guarantee trans rights. While countries in the Southern Cone and Northern Andes have recently made great strides in protecting and supporting their trans citizens, Central America, the Caribbean, and several countries in South America continue to offer little or no legal support for trans rights. Some countries, such as Argentina, Chile, Colombia, Ecuador, and Uruguay, have passed Gender Identity Laws that provide trans people with the ability to rectify their documents to reflect their names and gender identities. The current state of trans-specific policy in the region is explored by first framing it through an overview of the relevant parts of the IACHR ruling and then presenting the case for the depathologization of trans identities, one of the movement’s most pressing goals. Crucial to this discussion is the next section, which presents the current rights and limitations in trans-specific healthcare in the region. A discussion of the importance of gender identity as a basic human right, recognized in the IACHR ruling, follows, continuing on to an analysis of the place of children, adolescents, and their parents in relation to this right. Relatedly, the next section explores the prevalence and force of anti-discrimination laws in the region, which vary greatly in their specific protection of trans people. Finally, we attempt to look forward to what may be next in the fight for trans rights in the region, exemplifying cases such as that of Uruguay, which has recently begun to debate trans-specific reparations, and Argentina, which has begun to debate dedicated employment slots for trans people.

Article

Natasha Israt Kabir and Khadiza Tul Qubra Binte Ahsan

Acute discrimination has been witnessed across Asia regardless of individual countries’ specific policies towards transgender people. As individuals, it would be reassuring to believe that Article 1 of the UN Charter, which states that “All human beings are born free and equal in dignity and rights,” would encourage people to ignore gender differences. In different parts of Asia, even where transgender people have been officially recognized, their rights are fragile. Indeed, today activists focus more on women’s rights than on the rights of all sexual minorities, who as a consequence often live in extreme poverty and ill-health. The exclusion of the transgender community in governmental policymaking is another salient reason for their current living conditions. Even though transgender candidates participate in elections in most countries, their representation in parliaments is rare. Furthermore, violence toward the transgender community is such a common scenario that it has become normalized. Victims rarely get support because of legal loopholes and the unwillingness of the law enforcement agencies to help. Transgender and gender diverse people are not only targeted but also discriminated by law through a denial of gender marker change on official documents; the criminalization of the gender and sexual preferences of transgender and gender diverse people; the exploitation of public order, homelessness, and minor offenses; the criminalization of consensual homosexuality and intimacy; and police abuses even in the absence of a specific offense. Regardless of parliamentary legislation and other legal frameworks, policymakers and law enforcement agencies routinely operate outside the law to violate the rights of transgender and sexual minority people. Among the abuses reported by transgender persons are blackmail, extortion, public humiliation, and physical and sexual violence. If policies to socially integrate transgender and gender diverse peoples are not implemented, the state of the transgender community in Asia will not improve.

Article

Camille Vallier and Djemila Carron

Transidentity raises numerous legal questions as it challenges the way the law fundamentally categorizes society in two different groups. The European legal landscape has evolved towards greater recognition of transgender people’s rights, notably in terms of legal gender recognition and non-discrimination, but many inequalities remain deeply rooted in the law. Gender identity has increasingly been recognized as a ground of discrimination by national and regional instances in Europe, and in 2002 the European Court of Human Rights acknowledged the existence of a right to legal gender recognition under Article 8 of the Convention, in the famous Goodwin v. UK case. Since then, the conditions deemed admissible or not in order to access legal gender recognition and name change have been under scrutiny, and the Court took an important step ahead in 2017, when it held that compulsory sterilization and mandatory medical interventions leading with a high probability to sterility were inadmissible conditions for accessing legal gender recognition (A.P., Garçon, and Nicot v. France). However, other criteria for legal gender recognition remain unclear. Additionally, even when European instance decisively set a principle, the difficulty lies in the implementation on the national level, as the rights of transgender people are far from respected in practice. Legal gender recognition and access to gender confirmation treatment entail particular obstacles for minors, since the debate of whether self-determination regarding legal gender change and access to gender confirmation treatment should prevail over other public and private interests is even more pressing when children are concerned. Many further obstacles remain, notably in the domain of parenthood and employment, access to transition-related treatments, and their reimbursement by health insurance. Additionally, transphobic hate crimes are rarely identified as such by national criminal legislations, and very few states collect statistics on the matter. It remains difficult to draw general conclusions on transgender policies in Europe, as domestic laws are diverse and do not always match with international law, and national practices do not always comply with domestic and international law—with transgender people often being caught in a labyrinth of incongruent rules and practices.

Article

Armed conflict is ultimately about the violent confrontation between two or more groups; however, there is a range of behaviors, both violent and nonviolent, pursued by governments and rebel groups while conflict is ongoing that impacts the course and outcomes of that violence. The use of judicial or quasi-judicial institutions during armed conflict is one such behavior. While there is a well-developed body of literature that examines the conditions under which governments engage with the legacies of violence following armed conflict, we know comparatively little about these same institutions used while conflict is ongoing. Similar to the use of transitional justice following armed conflict or post-conflict justice, during-conflict transitional justice (DCJ) refers to “a judicial or quasi-judicial process initiated during an armed conflict that attempts to address wrongdoings that have taken or are taking place as part of that conflict” (according to Loyle and Binningsbø). DCJ includes a variety of institutional forms pursued by both governments and rebel groups such as human rights trials, truth commissions or commissions of inquiry, amnesty offers, reparations, purges, or exiles. As our current understanding of transitional justice has focused exclusively on these processes following a political transition or the termination of an armed conflict, we have a limited understanding of how and why these processes are used during conflict. Extant work has assumed, either implicitly or explicitly, that transitional justice is offered and put in place once violence has ended, but this is not the case. New data on this topic from the During-Conflict Justice dataset by Loyle and Binningsbø suggests that the use of transitional justice during conflict is a widespread and systematic policy across multiple actor groups. In 2017, Loyle and Binningsbø found that DCJ processes were used during over 60% of armed conflicts from 1946 through 2011; and of these processes 10% were put in place by rebel groups (i.e., the group challenging the government rather than the government in power). Three main questions arise from this new finding: Under what conditions are justice processes implemented during conflict, why are these processes put in place, and what is the likely effect of their implementation on the conflict itself? Answering these questions has important implications for understanding patterns of government and rebel behavior while conflict is ongoing and the impacts of those behaviors. Furthermore, this work helps us to broaden our understanding of the use of judicial and quasi-judicial processes to those periods where no power shift has taken place.

Article

Transnational administration is the routinization and bureaucratization of global governance. Concepts of transnational administration move beyond methodological nationalism and absolutist understandings of administrative sovereignty vested solely with nation-state authorities to articulate various administrative arenas of global policy. Transnational administration is a new “third scale” of public administration. The first two scales of public administration are national administration, and its internationalization due to globalization, and the international public administration located in the secretariats of international organizations. Transnational administration incorporates nonstate actors in decentralized, devolved, or delegated interactions within and between policy communities operating in global and regional spheres. Organizations such as the Bank of International Settlements, the Kimberley Process, the Global Health and Partnership Model, and Transparency International highlight the actions of transnational administrative actors. Critiques of these and other organizations have raised new concerns about accountability, representation, and transparency.

Article

Latin American transnational social movements (TSMs) are key actors in debates about the future of global governance. Since the 1990s, they have played an important role in creating new organizational fora to bring together civil society actors from around the globe. In spite of this relevance, the literature on social movements from the region focuses primarily—and often exclusively—on the domestic arena. Nevertheless, there is an increasingly influential body of scholarship from the region, which has contributed to relevant theoretical debates on how actors overcome collective action problems in constructing transnational social movements and how they articulate mobilization efforts at the local, national and international scales. The use of new digital technologies has further blurred the distinction among scales of activism. It has become harder to tell where interpretative frames originate, to trace diffusion paths across national borders, and to determine the boundaries of movements. At the same time, there are important gaps in the literature, chief among them the study of right-wing transnational networks.

Article

Transparency is one of the keywords of contemporary governance. It is often associated with democratic accountability, but it also carries connotations of market efficiency. Though transparency is a key concept for economics and politics, its ideational roots lie in access to government information. Transparency holds promises for increased democratization and economic performance, but these may also stand in contradiction. Coinciding with the rise of transparency as a token of responsible governance, we have witnessed rapid global diffusion of information access laws. In debates on public accountability, transparency appears as an element of both deliberation and performance, which is peculiar as these are often seen as complementary types of accountability. Moreover, increased transparency is often assumed to lead to increased citizen trust in government, but the relation of trust and transparency is more complex. Transparency also implies access to public information, which can consist of various types of documents and registries. Through digitalization, public information has become a pressing topic of interest, including as raw material for a knowledge-based economy. Public administration also manages significant amounts of personal data of citizens, raising additional concerns for privacy. While transparency and privacy are not antonyms, there is a trade-off between them. Nevertheless, transparency also appears as a means for holding government accountable for its use of registry data. Finally, transparency has become a measured element of governance indicators that are themselves an instance of transparency. As a key concept of public administration, transparency is relevant for both democracy and efficiency of governance, but it is ambiguous and even paradoxical by nature.

Article

Cyril Alias, Bernd Kleinheyer, and Carla Fieber-Alias

In an integrated European Union, transport would be expected to be a major enabler of economic development and consumer services. This role, however, was not acknowledged, though laid down in initial treaties, until 30 years into the EU’s existence. A verdict of the European Court of Justice condemning the longstanding inactivity of the European Council and subsequent efforts toward a dedicated policymaking have changed the significance. The regular definition and monitoring of goals and objectives in European transport policy by means of White Papers and trans-European transport networks guide public attention to the policy area. From an initial stage, when transport was considered as a functional enabler for cooperation after World War II, transport has evolved toward a Community task, featuring a long phase of stagnation and a sudden change to actionism after the court verdict. From the 1990s onward, goals like liberalization, cohesion, environmental protection, modal shift, competitiveness, globalization, and resource efficiency characterize European transport policy. Despite the output failure in European transport policy over many years, the Single European Market propelled transport onto the center stage of European policies and later made it a key object of sustainability policies. This change in focus has also attracted citizens’ attention with the effect that the EU needs and manages to portray itself as an interactive and accountable legislator dialoguing with its population. This new openness is a mere necessity if the EU wants to pursue its goal of a Single European Transport Area that is both supported by its business and citizens. At the same time, European transport policy is subject to numerous external influences—both by other European and national policies and different stakeholder interest groups. The ordinary legislative procedure is preceded by the initial agenda setting over the proposal planning and issuing and ranges from the proposal to three readings before being passed by European Parliament and Council of Ministers. The stakeholders accompany the whole process and influence it at different stages. Several examples from the history of European transport policymaking are proof of this.

Article

Kiran Klaus Patel

Together with the Treaty of Paris (1951), which established the European Coal and Steel Community (ECSC), the two Treaties of Rome (1957) were the founding treaties of today’s European Union. Of the two Rome treaties, the more influential proved to be that which created the European Economic Community (EEC), although many contemporaries expected the European Atomic Energy Community (Euratom) to acquire that role. As during all major treaty negotiations in the history of European integration, there were divisions of opinion among the six ECSC member states (Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands) along and within national lines. In the end, however, their governments were able to agree on a complex package deal with various components. To reach this result, the work of two preparatory bodies, the so-called Spaak Committee and an intergovernmental conference set up by the foreign ministers of the six ECSC states, proved crucial. In addition, transnational actors and networks had a considerable impact on the Treaties. The ultimate treaty texts reflected this trajectory of negotiations and the wider political context of the time. The Treaties of Rome were less supranational than the Treaty of Paris, and the three resultant communities were characterized by their hybrid nature: until the Merger Treaty of 1967, they shared some common institutions, such as the Parliamentary Assembly and the Court of Justice, while they had three independent executive bodies. Euratom, which focused on cooperation in the sphere of nuclear power, soon experienced institutional crises, and the same holds true for the ECSC. The EEC, in contrast, possessed greater powers and unleashed more significant dynamics and thus became the core of European integration. On the basis of the Treaties of Rome, the European Communities incrementally turned into the foremost forum of international cooperation and integration in (Western) Europe. That, however, was quite unclear in 1957, as reflected in opinion polls at the time. Moreover, there were important contenders for this role. By the end of the Cold War, the EC had outpaced them all, for three main reasons: its focus on market integration, its greater legal integration in comparison to organizations such as the Organisation for Economic Co-operation and Development (OECD) and the Council of Europe and, finally, its financial resources. In sum, one needs to know about the Treaties of Rome and the integration dynamics they unleashed in order to understand the enormous importance that today’s EU has acquired.

Article

Christina L. Boyd and Adam G. Rutkowski

Trial court judges are often referred to as the workhorses of the judicial system. This is unsurprising given that millions of civil and criminal cases are filed and resolved in U.S. state and federal trial courts each year. Very few of these cases ever reach appellate courts, meaning that trial courts are often the first and only court with which people directly interact. At the same time, trial courts can make local and national policy, both in individual cases and in the aggregate. This important role of trial courts and their actors has not gone unnoticed by scholars across social science disciplines. One can consider trial courts in a broad sense by tracking the historical developments that led to the trial courts in the United States. As caseloads have increased, trial courts—particularly those with specialized jurisdictions—have been created out of necessity. State trial courts feature variation in their judicial selection methods, including elections and appointments. At the federal level, increased polarization has led to contentious partisan confirmation battles for federal trial court judges. Trials are a rare occurrence, with plea agreements and settlements being the most frequent methods of resolving cases. To understand trial court actor behavior, it is important to remember that state and federal trial courts sit at the bottom of their judicial hierarchies. The preferences of their hierarchical superiors, along with the presence of high trial court caseloads and the rarity of trials, rein in judges’ discretion and the potential effects of their personal characteristics and attitudes. Because of these judge constraints, actors such as prosecutors, defense attorneys, and juries play a significant role in trial court outcomes. As the literature reveals, the “repeat players” in trial courts hold significant advantages over less experienced litigants and attorneys that affect their likelihood of gaining favorable outcomes, among other things. Race and gender of these actors can have significant effects on behavior in certain types of cases. There are many hurdles that remain for scholars seeking to study trial courts. For example, state trial courts, in particular, continue to be difficult to study empirically. This is due largely to a lack of data availability. Relatedly, scholars must continue to strive to find ways to study trial court outcomes and events that do not lead to published opinions—for example settlements, plea bargains, prosecutorial declinations, and many decided motions. Each of these involves important decisions and outcomes that affect parties and may be affected by judges and lawyers.