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Why did limited government and 'constitutionalism' (the rule of law, constitutional rules, and political representation) evolve in some societies but not others? Guided by history, this paper examines why this evolution reflects dependence on administrators to implement policy choices including those affecting them. Limited government and constitutionalism are manifestations of equilibria in which the administrators have the power to influence choices. The thesis that constitutionalism reflects an equilibrium among the powerful differs from the prevailing one, which asserts that it reflects gains to the weak from constraining the powerful. Analyzing the determinants and implications of administrative power reveals its impact on trajectories of economic development. Distinct administrative-power equilibria have different impacts on the security of the non-elite's property rights; intra-state and inter-state violence (e.g. civil wars and wars, respectively); policies; entry barriers to new technologies and economic sectors; the nature of political conflicts; and the means to resolve conflicts concerning political rights.

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Harvard University Press, in "Institutions and Economic Performance", Elhanan Helpman (ed.)
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Avner Greif
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In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts' ability to check the executive at all but the margins. The dominant "Security or Freedom" framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.

“Laura Donohue’s sophisticated and complex analysis of counterterrorism law in Britain and the United States warns of the risks to fundamental individual rights when democracies establish counterterrorist regimes. Although governments frame their initiatives in terms of a choice between security and freedom, Donohue challenges this logic. Loss of liberty is not necessarily balanced by gain in safety. Compromises intended to be temporary turn out to be permanent. Leaders and citizens of democracies would be well advised to heed this pointed and timely warning.”

- Martha Crenshaw, Senior Fellow, Center for International Security and Cooperation (CISAC), Stanford University

An ambitious argument against the "Security or Freedom" framework, which is the dominant paradigm for thinking about counterterrorist law. The first book to compare the history of both British and American counterterrorist law. Argues that counterterrorist law is a danger to the rights central to liberal democracy: life, liberty, property, privacy and free speech.

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Cambridge University Press
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ISBN-13: 9780521605878
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Frank Foley, a 2008-09 Zukerman Fellow, is a postdoctoral student in international security at CISAC. His research concerns counterterrorist policy and operations, the reform of intelligence and police agencies and the increasing role of judicial and prosecutorial actors in the field of security. His PhD dissertation, currently under revision for publication, is a comparative analysis of British and French counterterrorist policies, which argues that western states' different institutional characteristics and norms in the field of security are shaping their responses to Islamist terrorism, leading to divergent approaches to a common problem. At CISAC, Frank is analyzing the co-ordination of counterterrorist agencies within the United States, France and Britain, drawing on organization theory to explain why some countries achieve higher levels of inter-agency co-operation than others. He has also written on European Union security policy and on terrorism and community conflict in Northern Ireland. Upcoming projects include a review of the terrorism and counterterrorism literature for the International Studies Association's Compendium Project and an analysis of the forces shaping international co-operation on counterterrorism at both the diplomatic and operational levels.

Frank received his PhD from the Department of Political and Social Sciences at the European University Institute in Florence, Italy, and is a graduate of the University of Cambridge (MPhil) and University College Cork (BA, MA). He worked as a journalist in Brussels and as a researcher in Northern Ireland between 2001 and 2004.

Martha Crenshaw is a senior fellow at CISAC and FSI and a professor of political science by courtesy. She was the Colin and Nancy Campbell Professor of Global Issues and Democratic Thought and professor of government at Wesleyan University in Middletown, Conn., from 1974 to 2007. Her current research focuses on innovation in terrorist campaigns, the distinction between "old" and "new" terrorism, why the United States is the target of terrorism, and the effectiveness of counterterrorism policies.

She has written extensively on the issue of political terrorism; her first article, "The Concept of Revolutionary Terrorism," was published in the Journal of Conflict Resolution in 1972. Her recent work includes "Terrorism, Strategies, and Grand Strategies," in Attacking Terrorism (Georgetown University Press), "Terrorism and Global Security," in Leashing the Dogs of War: Conflict Management in a Divided World (United States Institute of Peace Press), and "Explaining Suicide Terrorism: A Review Essay," in the journal Security Studies. She is also the editor of a projected volume, The Consequences of Counterterrorist Policies in Democracies, for the Russell Sage Foundation in New York.

She served on the Executive Board of Women in International Security and chaired the American Political Science Association (APSA) Task Force on Political Violence and Terrorism. She has also served on the Council of the APSA and is a former President and Councilor of the International Society of Political Psychology (ISPP). In 2004 ISPP awarded her its Nevitt Sanford Award for Distinguished Scientific Contribution and in 2005 the Jeanne Knutson award for service to the society. She serves on the editorial boards of the journals International Security, Orbis, Political Psychology, Security Studies, and Terrorism and Political Violence. She coordinated the working group on political explanations of terrorism for the 2005 Club de Madrid International Summit on Democracy, Terrorism and Security. She is a lead investigator with the National Center for the Study of Terrorism and the Response to Terrorism (START) at the University of Maryland, funded by the Department of Homeland Security. She was a Guggenheim Fellow in 2005-2006. She served on the Committee on Law and Justice and the Committee on Determining Basic Research Needs to Interrupt the Improvised Explosive Device Delivery Chain of the National Research Council of the National Academies of Science. She was a senior fellow at the National Memorial Institute for the Prevention of Terrorism in Oklahoma City for 2006-2007.

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Frank Foley CISAC Postdoctoral Zukerman Fellow; PhD, Political Science and Social Sciences, European University Institute Speaker
Martha Crenshaw Professor of Political Science (by courtesy) and Senior Fellow at CISAC and FSI Commentator
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Gregory Treverton is director of the RAND Corporation's Center for Global Risk and Security.  Earlier, he directed RAND's Intelligence Policy Center and its International Security and Defense Policy Center, and he was associate dean of the Pardee RAND Graduate School.    His recent work has examined at terrorism, intelligence and law enforcement, with a special interest in new forms of public-private partnership.  He has served in government for the first Senate Select Committee on Intelligence, handling Europe for the National Security Council and, most recently as vice chair of the National Intelligence Council, overseeing the writing of America's National Intelligence Estimates (NIEs).  He holds an A. B. summa cum laude from Princeton University and an M.P.P (Master's in Public Policy) and Ph.D. in economics and politics from Harvard.  His latest books are Intelligence for an Era of Terror, forthcoming; Reshaping National Intelligence for an Age of Information, Cambridge University Press, 2001; and New Challenges, New Tools for Defense Decisionmaking, (edited,), RAND, 2003.

Frank Foley, a 2008-09 Zukerman Fellow, is a postdoctoral student in international security at CISAC. His research concerns counterterrorist policy and operations, the reform of intelligence and police agencies and the increasing role of judicial and prosecutorial actors in the field of security. His PhD dissertation, currently under revision for publication, is a comparative analysis of British and French counterterrorist policies, which argues that western states' different institutional characteristics and norms in the field of security are shaping their responses to Islamist terrorism, leading to divergent approaches to a common problem. At CISAC, Frank is analyzing the co-ordination of counterterrorist agencies within the United States, France and Britain, drawing on organization theory to explain why some countries achieve higher levels of inter-agency co-operation than others. He has also written on European Union security policy and on terrorism and community conflict in Northern Ireland. Upcoming projects include a review of the terrorism and counterterrorism literature for the International Studies Association's Compendium Project and an analysis of the forces shaping international co-operation on counterterrorism at both the diplomatic and operational levels.

Frank received his PhD from the Department of Political and Social Sciences at the European University Institute in Florence, Italy, and is a graduate of the University of Cambridge (MPhil) and University College Cork (BA, MA). He worked as a journalist in Brussels and as a researcher in Northern Ireland between 2001 and 2004.

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Gregory Treverton Senior Policy Analyst, RAND Corporation; Professor, Pardee RAND Graduate School Speaker
Frank Foley CISAC Postdoctoral Zukerman Fellow; PhD, Political Science and Social Sciences, European University Institute Commentator
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Phillip Lipscy
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Professor Phillip Lipscy discusses the current international financial crisis and provides insight for future reforms. "The IMF and World Bank should be reformed to better reflect the interests and concerns of rising economic powers. Voting shares need to be further redistributed to reflect underlying economic realities. Decision making rules should be modified to give greater weight or agenda-setting authority to regional actors -- the US may have a strong interest in loans to Mexico, but Japan may have a greater stake in Indonesia. Assignment of the top positions should be made truly competitive. Core functions should be decentralized -- both institutions are headquartered in Washington, impeding employment of top talent from Asia and limiting intellectual exchange."

Major international crises often produce tectonic shifts in international relations. Under pressure from key European counterparts, President Bush has agreed to a "new Bretton Woods" summit on Nov. 15.

It would be hard to overstate the potential significance of this meeting. The first Bretton Woods, in 1944, set the rules for monetary relations among nations, and it created the International Monetary Fund (IMF) and the World Bank.

While European leaders are pushing for greater regulation and a major overhaul of the international financial order, US policymakers have been lukewarm, emphasizing the preservation of free-market capitalism. This transatlantic drama has obscured the more fundamental problem—how to accommodate the historic shift of economic power away from the West toward Asia.

Including India, broader East Asia encompasses more than half of the world's population. The region already accounts for about one-third of global economic output, oil consumption, and CO2 emissions, and this is only likely to grow in the future. Over the course of the 21st century, Asia's economic and geopolitical weight in the world will, in all likelihood, come to rival that of Europe in the 19th century. Asian problems will become increasingly indistinguishable from global problems.

In the face of such dramatic change, the IMF and World Bank are becoming relics of a bygone era. At the time of their creation, by US and European negotiators, the major challenge was to get capital flowing from the US to war-ravaged Europe. The days of the US as creditor state are long gone—our massive current account deficit is financed by importing nearly $1 trillion in foreign capital every year. Major US banks are being rescued by sovereign wealth funds and financial institutions from the Middle East and East Asia. China and Japan alone held over $600 billion of securities issued by Fannie Mae and Freddie Mac, making the bailout of those institutions a major foreign policy issue.

Despite these changed realities, both Bretton Woods institutions remain dominated by the West. By convention, the IMF is led by a European, the World Bank by a US national. The US is the only country with veto power over important decisions in either body.

My analysis of voting shares in the IMF indicates that the Allied powers of World War II have been consistently overrepresented compared to Axis powers despite the passing of more than 60 years since the end of that war. Studies show that IMF lending is biased in favor of recipients with strong economic and diplomatic ties to the US and key European states at the expense of other members.

This unbalanced representation had real consequences during the Asian Financial Crisis of 1997-98, when the IMF, as part of its rescue operation, implemented policies widely viewed as contrary to Asian interests. During the crisis, Japanese financial authorities proposed an Asian Monetary Fund as a potential alternative source of liquidity. This proposal was rejected by US officials, who feared dilution of IMF authority. However, over the past decade, East Asian states have stockpiled foreign currency reserves and developed regional cooperation that may eventually develop into a credible alternative to the IMF.

The IMF and World Bank should be reformed to better reflect the interests and concerns of rising economic powers. Voting shares need to be further redistributed to reflect underlying economic realities. Decisionmaking rules should be modified to give greater weight or agenda-setting authority to regional actors—the US may have a strong interest in loans to Mexico, but Japan may have a greater stake in Indonesia. Assignment of the top positions should be made truly competitive. Core functions should be decentralized—both institutions are headquartered in Washington, impeding employment of top talent from Asia and limiting intellectual exchange.

An international financial architecture that fragments or remains centered on the West as Asia rises will probably prove grossly ineffective. Europe attempted much the same during the turbulent period between the two World Wars, resurrecting a system based on British hegemony even as Britain was in relative decline. Those were scary times, with free riding and beggar-thy-neighbor policies feeding mutual distrust and economic catastrophe.

This will not be the last financial crisis we face. Next time, ad hoc cooperation by the US and Europe may prove insufficient. Franklin Roosevelt had the foresight to include China on the United Nations Security Council long before that nation became a geopolitical heavyweight. Similar foresight should be brought to bear as world leaders debate the future of the international financial architecture.

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In 2008 an Indonesian economist, Sudarno Sumarto, was chosen to become the second Shorenstein APARC/Asia Foundation Visiting Fellow. He will be in residence at Stanford during the 2009-2010 academic year.  

An edited summary of Dr. Sumarto's proposed research and writing at Stanford follows:

Facing the major damage wreaked by the Asian financial crisis of 1997-98 on already poor and/or vulnerable Indonesians, the government in Jakarta was forced to launch a series of emergency social safety nets.  These programs targeted multiple sectors:  employment, education, health, food security, and community empowerment.  

Now that a decade has gone by since these measures were undertaken, it is time to draw policy lessons from the experience.  Special attention will be paid in this project to the dynamics of the process of deciding and delivering social protection, the difficulty of enlisting or creating appropriate targeting and implementation mechanisms, institutional enablers and impediments, the role of civil society, the impact of commodity subsidy reforms, and the relevance of good (and bad) governance.  

The study will also draw comparisons between Indonesia's record of targeted social protection and the experiences of other developing countries.  

Dr. Sumarto heads the SMERU Research Institute (Jakarta).  He also lectures at the Bandung Institute of Technology, Universitas Nusa Bangsa (Bogor), and the University of Indonesia (Jakarta).  

Dr. Sumarto has contributed to more than sixty co-authored articles, chapters, reports, and working papers, including "Agricultural Growth and Poverty Reduction in Indonesia," in Beyond Food Production (2007); "Reducing Unemployment in Indonesia," SMERU Working Paper, 2007; and "Improving Student Performance in Public Primary Schools in Developing Countries:  Evidence from Indonesia," Education Economics, December 2006.

Dr. Sumarto has spoken on poverty and development issues in Australia, Chile, China, Egypt, Ethiopia, France, Japan, Morocco, Thailand, and the United Kingdom, among other countries.  He has a PhD and an MA from Vanderbilt University and a BSc Cum Laude from Satya Wacana Christian University (Salatiga), all in economics.  He and his wife Wiwik Widowati have three children.  

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Background
The optimal intensity of renal-replacement therapy in critically ill patients with acute kidney injury is controversial.

Methods
We randomly assigned critically ill patients with acute kidney injury and failure of at least one nonrenal organ or sepsis to receive intensive or less intensive renal-replacement therapy. The primary end point was death from any cause by day 60. In both study groups, hemodynamically stable patients underwent intermittent hemodialysis, and hemodynamically unstable patients underwent continuous venovenous hemodiafiltration or sustained low-efficiency dialysis. Patients receiving the intensive treatment strategy underwent intermittent hemodialysis and sustained low-efficiency dialysis six times per week and continuous venovenous hemodiafiltration at 35 ml per kilogram of body weight per hour; for patients receiving the less-intensive treatment strategy, the corresponding treatments were provided thrice weekly and at 20 ml per kilogram per hour.

Results
Baseline characteristics of the 1124 patients in the two groups were similar. The rate of death from any cause by day 60 was 53.6% with intensive therapy and 51.5% with less-intensive therapy (odds ratio, 1.09; 95% confidence interval, 0.86 to 1.40; P=0.47). There was no significant difference between the two groups in the duration of renal-replacement therapy or the rate of recovery of kidney function or nonrenal organ failure. Hypotension during intermittent dialysis occurred in more patients randomly assigned to receive intensive therapy, although the frequency of hemodialysis sessions complicated by hypotension was similar in the two groups.

Conclusions
Intensive renal support in critically ill patients with acute kidney injury did not decrease mortality, improve recovery of kidney function, or reduce the rate of nonrenal organ failure as compared with less-intensive therapy involving a defined dose of intermittent hemodialysis three times per week and continuous renal-replacement therapy at 20 ml per kilogram per hour.

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New England Journal of Medicine
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Mark W. Smith
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Less than a year after dropping nuclear bombs on Hiroshima and Nagasaki in 1945, the United States adopted a statute prohibiting the transfer of its nuclear weapons to any other country. It was not until 23 years later, however, that countries began signing an international treaty that prohibited the transfer of nuclear weapons by a country that had them to any other country, indeed “to any recipient whatsoever.”[1] On July 1, 1968, the United States, the Soviet Union, the United Kingdom, and many other countries signed the nuclear Nonproliferation Treaty (NPT) at ceremonies in Washington, Moscow, and London. Subsequently, nearly 190 countries have signed and ratified the treaty aimed at preventing the spread of nuclear weapons from the few countries that then had them to the many that did not and at reducing and eventually eliminating nuclear weapons from the world.

The 40th anniversary of the NPT provides an opportunity to re-examine the history of the treaty’s negotiation and ask what lessons it offers for today.

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Arms Control Today
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Roland Hsu
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The Forum on Contemporary Europe (FCE) achieved two major goals in 2006–2007, by developing FCE into a trans-Atlantic hub for policy and academic leaders and guiding research affiliates to answer pressing questions about European Union membership. To do so the forum launched and greatly expanded research and public programs on Europe’s Eastern, Scandinavian, and Iberian regions and addressed dramatic change and instability in the west in governing coalitions and the social fabric of Europe’s traditional powers.

Forum projects addressed several important, interrelated questions. Can the EU integrate its members into a unified polity and civic society, or should it retreat to a sole project of a common market? Should and can the EU Commission form a European foreign policy? How far should Europe’s union extend—to Turkey, to the former Soviet republics, to the North African Maghreb? Answers to these questions have implications for trans-Atlantic and EU-NATO-UN relations and for postindustrial labor, immigration, and welfare policy, democratization and human rights initiatives, and regional crisis intervention. An engaging and productive year of analyzing Europe’s policy dilemmas has clarified the benefits and burdens of the emerging European model of political, social, and economic membership.

Western Europe: Elections and Uncertain Promise

On Jan. 1, 2007, Europe enlarged its union to 27 nations. As Europe extended its borders from Portugal to Bulgaria, and from Sweden to Greece, the EU Council of Ministers reiterated its commitment to shepherd seven more nations, including Turkey, to meet the Copenhagen Criteria for membership. However, elections, resignations, and new leaders in Europe’s traditional powers have clouded this optimistic vision, and the forum addressed pressing concerns along with the promise of expansion.

Four highly anticipated forum events—the French presidential election roundtable, a Europe Now: Integration, Society, and Islam in a New Europe lecture by Daniel Cohn-Bendit, a Payne Lecture by Ian McEwan, and an address by German Ambassador Klaus Scharioth—raised issues for all forum programs. Throughout the year, the forum invited a spectrum of research centers to co-sponsor its events, including CISAC, CDDRL, the Program on Global Justice, the Woods Institute, the France-Stanford Center, Humanities Center, Abbasi Program on Islamic Studies, Mediterranean Forum, Stanford Law School, and the Graduate School of Business.

On prospects for integrating Europe’s polity and society, Cohn-Bendit and McEwan spoke on separate occasions to overflow FSI audiences. Cohn-Bendit, head of the European Parliament Greens/New Alliance party, noted the diverse political cultures in Western and Eastern Europe, as well as the region’s significant Muslim community, and envisioned the EU as the institution to create a polity governed federally and based nevertheless on commonly agreed upon European values. McEwan, delivering a preview of a work to be published soon, characterized post-9/11 Western modernity by tracing a history of fundamentalism since the origin of the Christian West. Communalism and exclusive claims to truth, in McEwan’s reading, are organic to the West and may plague the rationalizing project of a new Europe. Scharioth discussed German Chancellor Angela Merkel’s ambition to revive a European constitution. Merkel, the first German post-war leader to have been a citizen of the GDR, sees integration not as an option but as a necessity after 1989 and is brokering with a group of European partners to carry the project forward. The chancellor may gain support from new French President Nicolas Sarkozy, who proposes to move forward by avoiding popular referenda in favor of parliamentary treaties.

On post-election France, five affiliated researchers from Stanford and UC Berkeley, representing different disciplines across the humanities and social sciences, joined for a roundtable discussion of the conduct and consequences of the French presidential election. Speaking to a standing-room-only audience, the panel debated voting patterns and the future of the main parties and offered an insider’s early look at where France is headed and the implications of the Sarkozy presidency for Francophone, EU, and trans-Atlantic relations.

France, of course, is one of the last of Europe’s major powers to elect a leader with no personal memory of World War II. Sarkozy, like Merkel, Blair, and Zapatero, also held government posts during Europe’s paralysis in the Balkan genocide. The boast that the EU eliminated war from Europe may therefore be increasingly less compelling for Europe’s new generation of leaders. Without articulating the origins of his policy, this new French president makes it difficult to divine his view of Europe. It has been noted that Sarkozy, in his inaugural speech, declared that “France is back in Europe”; however he confused both sides of the Atlantic on what “in Europe” means to him by categorically rejecting the EU Commission’s commitment to pursue Turkish accession. It remains to be explained how he understands what France is in a European polity and economy, who the French are in a post-colonial immigrant society, and how France will position itself as both a global actor and a trans-Atlantic partner.

The forum planned the faculty roundtable as the first pillar of a multi-year study of European elections, to continue in 2007–2008 with a major address on reform at the heart of European political culture. Next year, the forum will host an address by the president of France’s École Normale Supérieure on the vision of a new European liberalism—a political philosophy responding to European post-war socialism and U.S. neo-conservativism and labeled by some political theorists as “social liberalism.” This will coincide with programs on the United Kingdom and its run-up to elections and what could amount to a referendum on the earliest of the post-war generation governments—the Blair administration and Britain’s New Labor. Also planned is the forum’s 2007–2008 “Europe Now” lecture by Sweden’s former foreign minister Jan Eliasson, who currently serves as the U.N. special envoy for Darfur.

New Europe: Expansion and Global Reach

Finally, this author is conducting a study of European Union international intervention missions. The initiative to form a common European security and defense policy (ESDP), and to marshal member nation troops, is perhaps the greatest challenge confronting European ambition to address global issues. In 2007, the EU Council noted, “The idea that the European Union should speak with one voice in world affairs is as old as the European integration process itself.” Our study investigates case studies of EU missions in Kosovo, Congo, and Darfur, in which EU policies fluctuated between robust and tentative goals, revealing divisions on the goal of acting as one within and beyond Europe.

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Ten 2008 POSCO NGO Fellows were selected by the Fellowship admission committee during the second POSCO NGO Fellowship Conference held on May 1 and 2 at the University of British Columbia, Vancouver.

George Washington University:

Ms. Gyung Lan Jung, Center for Peaceful Future of Korea

Mr. Hyun-Mo Choi, Korea Migrant Workers' Human Rights

Indiana University:

Mr. Seoung-Hwan Jeon, National Council of YMCAs of Korea

Mr. Jae-Seok Kim, Gwangju Citizen's Coalition for Economic Justice

Columbia University:

Mr. Tae Ho Lee, People's Solidarity for Participatory Democracy

Mr. Boyoun Joung, Korea Youth Corps

University of British Columbia:

Ms. Jeong Sook Park, Korean Women Link

Ms. Hee-Seon Jeong, Seocho Volunteer Center

Stanford University:

Ms. Hye-Jeong Kim, Korea Federation for Environmental Movement

Mr. Hyun Gon Jung, Korean Council for Reconciliation and Cooperation

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