Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The goal of this paper is to reflect on how the application of statutes by courts can influence the juridification of social demands, based on the case of the African-Brazilian movement.
In order to do that, we will first describe the strategies the African-Brazilian movement has used in its fight for racial equity and its evaluation of the ineffectiveness of the anti-racism legislation. Second, we will confront the evaluation made by the social movement with data we collected from cases decided by the Appeal Court of São Paulo. Following that, we will use the result of the analysis of the court’s decisions to discuss the risks involved in two possible strategies for legally regulating social demands: the enactment of specific (new) statutes or the manipulation of already existing, non-specific legislation. We will discuss the importance of the process of applying statutes and of taking the room for interpretation into account. Finally, after concluding that the elimination of the room for disputing the meaning of legal norms is not an option, we will discuss the relation between interpretation and democracy.

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper examines whether and under what conditions exposure to international trade increases individual support for welfare compensation. I argue that how much individuals or groups are likely to respond to risks of openness by demanding welfare compensation as opposed to trade protectionism or other forms of redress is contingent on both the policy and institutional context in which polities experience globalization. In particular, higher levels of ex ante trade protectionism will offer an alternative to welfare compensation that both mitigates risk and focuses political attention on continued reliance on this alternative to welfare provision. Thus, higher protectionism lessens the degree to which trade risks spur support for welfare. Just as importantly, proportional representation, corporatism and party systems that make it politically more likely and easier for governments to provide broad welfare compensation as opposed to particularistic protection should have the opposite effect – increasing the degree to which trade risks inspire calls for welfare compensation. The paper tests these arguments on Eurobarometer survey data in 15 European Union countries, yielding mixed results. On the one hand trade exposure spurs support for welfare compensation, with these effects mediated by protectionism and political institutions. On the other hand, the substantive effects are modest, suggesting that current welfare state development is only weakly affected by trade exposure of most citizens, though perhaps more strongly so by those facing very high or low exposure.

Supporting Publications:
Supporting Document

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: How does the threat of intervention affect aggressive behavior in crises? Previous theoretical work suggests that potential interveners influence an aggressor's choices in conflict, including the demands she issues. This paper presents two empirical tests, one using informal hypotheses and one testing strategic hypotheses generated from a formal model. It suggests that demands are endogenously chosen and shows that potential interveners exert moderating effects on aggressor's demands.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Contemporary medical decision-making has been characterized as a "tug of war" between patients, who are reportedly making more demands for medical interventions such as diagnostic tests and prescription drugs, and physicians, who are encouraged to partner with patients and satisfy them while simultaneously keeping medical costs down. Understanding this struggle requires attention to the interactional strategies whereby patients indicate what they desire, how physicians respond, and how the participants apply and react to pressure for particular outcomes. This investigation is a single case analysis of a primary care visit, recorded in a General Internal Medicine outpatient clinic. Using Conversation Analysis, it reveals how the patient exerts subtle but persistent pressure for a diagnostic test and how the physician responds to her persuasive efforts.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Objective. The purpose of this study was to investigate supplier-induced demand for return visits to emergency departments (ED).
Methods. Data from 36,166 ED visits in the 1992 National Hospital Ambulatory Medical Care Survey were examined using multiple logistic regression.
Results. ED return visits were estimated to have occurred over six million times (6.7% of the national probability sample) and were less common among those with private coverage than those with no insurance coverage (OR=0.82, 95% CI=0.74, 0.91). Return visits were more likely than initial visits to be for non-urgent care (OR=2.77, CI=2.50, 3.04), and more likely to receive an ED return appointment (OR=2.98, CI=2.60, 3.40) or return recommendation (OR=1.37, CI=1.24, 1.51). The likelihood of an ED appointment or return recommendation was much higher when there was no alternative care referral for patients being discharged from the ED.
Conclusions. Return ED visits are more likely among patients without insurance and more likely to be for non-urgent care. ED personnel often take actions to induce return visits. These practices may reflect attempts by providers to enhance revenue and/or continuity of care.