A Trojan Horse Behind Chinese Walls?: Problems and Prospects of US-Sponsored "Rule of Law" Reform Projects in the People’s Republic of China

The US government has announced an initiative to promote the "rule of law" in the People’s Republic of China. However, though China has also endorsed building the "rule of law" as a goal, the American and Chinese views of what "rule of law" entails differ substantially. In the US government, rule of law reform is seen as a way to promote human rights and political reform, whereas the Chinese government wants to restrict law reform to those areas closely related to developing a market economy. To deal with this divergence in goals, the US has adopted a "Trojan Horse" strategy: the belief is that the Chinese will allow US-sponsored law reform programs for economic reasons, but once established, these programs will lead to broader political reform. However, this view is not well-supported by theory or empirical evidence. Thus, while law reform programs in China may be worthwhile, we should be skeptical of their ability to trigger more fundamental political reform.rule of law; China; legal reform; political reform

Perceptual thresholds for the effects of room modes as a function of modal decay

Room modes cause audible artefacts in listening environments. Modal control approaches have emerged in scientific literature over the years and, often, their performance is measured by criteria that may be perceptually unfounded. Previous research has shown modal decay as a key perceptual factor in detecting modal effects. In this work, perceptual thresholds for the effects of modes as a function of modal decay have been measured in the region between 32Hz and 250Hz. A test methodology has been developed to include modal interaction and temporal masking from musical events, which are important aspects in recreating an ecologically valid test regime. This method has been deployed in addition to artificial test stimuli traditionally used in psychometric studies, which provide unmasked, absolute thresholds. For artificial stimuli, thresholds decrease monotonically from 0.9 seconds at 32 Hz to 0.17 seconds at 200 Hz, with a knee at 63 Hz. For music stimuli, thresholds decrease monotonically from 0.51 seconds at 63 Hz to 0.12 seconds at 250 Hz. Perceptual thresholds are shown to be dependent on frequency and to a much lesser extent on level. Results presented here define absolute and practical thresholds, which are useful as perceptually relevant optimization targets for modal control methods

Generation and Analysis of Content for Physics-Based Video Games

The development of artificial intelligence (AI) techniques that can assist with the creation and analysis of digital content is a broad and challenging task for researchers. This topic has been most prevalent in the field of game AI research, where games are used as a testbed for solving more complex real-world problems. One of the major issues with prior AI-assisted content creation methods for games has been a lack of direct comparability to real-world environments, particularly those with realistic physical properties to consider. Creating content for such environments typically requires physics-based reasoning, which imposes many additional complications and restrictions that must be considered. Addressing and developing methods that can deal with these physical constraints, even if they are only within simulated game environments, is an important and challenging task for AI techniques that intend to be used in real-world situations. The research presented in this thesis describes several approaches to creating and analysing levels for the physics-based puzzle game Angry Birds, which features a realistic 2D environment. This research was multidisciplinary in nature and covers a wide variety of different AI fields, leading to this thesis being presented as a compilation of published work. The central part of this thesis consists of procedurally generating levels for physics-based games similar to those in Angry Birds. This predominantly involves creating and placing stable structures made up of many smaller blocks, as well as other level elements. Multiple approaches are presented, including both fully autonomous and human-AI collaborative methodologies. In addition, several analyses of Angry Birds levels were carried out using current state-of-the-art agents. A hyper-agent was developed that uses machine learning to estimate the performance of each agent in a portfolio for an unknown level, allowing it to select the one most likely to succeed. Agent performance on levels that contain deceptive or creative properties was also investigated, allowing determination of the current strengths and weaknesses of different AI techniques. The observed variability in performance across levels for different AI techniques led to the development of an adaptive level generation system, allowing for the dynamic creation of increasingly challenging levels over time based on agent performance analysis. An additional study also investigated the theoretical complexity of Angry Birds levels from a computational perspective. While this research is predominately applied to video games with physics-based simulated environments, the challenges and problems solved by the proposed methods also have significant real-world potential and applications

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Redacted by arXiv.Comment: This article has been removed by arXiv due a copyright claim by a 3rd part

Does Separation of Powers Promote Stability and Moderation?

It is often asserted that separation of legislative powers tends to make legislation both more moderate (because concessions to all veto players are needed to secure enactment) and less frequent (because sufficient concessions are sometimes infeasible). The formal analysis in this paper shows this claim to be incomplete, and sometimes incorrect. Although greater separation of powers makes legislation more difficult to enact, it also makes legislation, once enacted, more difficult to repeal. Attenuating the threat of repeal means that when one faction has sufficient power to push through extreme policies, it is more likely to do so than would be the case if legislative power were more concentrated. These two effects cut in opposite directions, and it is difficult to say, as a general matter, which will predominate. Indeed, increasing the fragmentation of legislative power may sometimes increase both the expected frequency and the expected extremism of legislative enactments

Optimal Political Control of the Bureaucracy

It is widely believed that insulating an administrative agency from the influence of elected officials, whatever its other benefits or justifications, reduces the agency's responsiveness to the preferences of political majorities. This Article argues, to the contrary, that a moderate degree of bureaucratic insulation from political control alleviates rather than exacerbates the countermajoritarian problems inherent in bureaucratic policymaking. An elected politician, though responsive to majoritarian preferences, will almost always deviate from the majority in one direction or the other. Therefore, even if the average policy position of a given elected official tends to track the policy views of the median voter in the electorate, the average divergence between the preferences of that official and the median voter in the electorate is generally greater than zero. Forcing the politically responsive official to share power with a partially insulated bureaucracy can reduce the variance in policy outcomes. because bureaucratic insulation creates a kind of compensatory inertia that mutes the significance of variation in the elected official's policy preferences. Up to a point, the median voter's benefit from this reduction in outcome variance outweighs the costs associated with biasing the expected outcome away from the median voter's ideal policy

The Price of Public Action: Constitutional Doctrine and the Judicial Manipulation of Legislative Enactment Costs

This Article argues that courts can, and often should, implement constitutional guarantees by crafting doctrines that raise the costs to government decisionmakers of enacting constitutionally problematic policies. This indirect approach may implement a kind of implicit balancing of interests, in which the damage to constitutional values is weighed against the strength of the government’s interest in the challenged policy, more effectively than alternative approaches. When the government has better information than the reviewing court about the effect of the challenged policy on constitutionally relevant interests, heightened enactment costs act as a kind of screening device: if the government would still enact a given policy in the face of substantial additional enactment costs, the probability that the policy serves significant government interests is likely to be higher. This Article first develops the theoretical argument as to how (and under what conditions) doctrines that manipulate legislative enactment costs may be more effective tools for judicial implementation of the Constitution than doctrines that require direct judicial assessment of the relative strength of the competing interests. The Article further contends that the federal judiciary already has the capacity to fashion doctrines that function in this way, and indeed current doctrine influences legislative enactment costs more than has generally been appreciated

Mixed Signals: Reconsidering the Political Economy of Judicial Deference to Administrative Agencies

This paper investigates rational choice explanations for patterns of Supreme Court decision-making with respect to the appropriate level of judicial deference to administrative agency decisions. In particular, I assess empirically the thesis that the Supreme Court expands deference when the Supreme Court is ideologically closer to the executive than to the circuit courts, and contracts deference when the opposite is true. I find little to no evidence supporting this rational choice theory of judicial deference. Given this surprising null finding, I offer alternative explanations for the data and suggest directions for future research