Corruption

This workshop will focus on the strategies used by the United States and European Union in promoting democracy and the rule of law in the developing world. Participants include Laurence Whitehead of Oxford University, Peter Eigen, Chairman of Transparency International, Carl Gershman, President of the National Endowment of Democracy, as well as scholars from the CDDRL community.

Oksenberg Conference Room

Workshops

This is an international conference sponsored by CDDRL's Rule of Law Program and the Stanford University School of Law. Participants include lawmakers, judges and analysts from Mexico as well as from the Stanford community. A full agenda will be posted shortly.

Okimoto Conference Room

Conferences
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Kathryn Stoner-Weiss is the Associate Director for Research and a Senior Research Scholar at the Center on Democracy, Development, and the Rule of Law. This talk is drawn from her forthcoming book on the Russian state under Yeltsin and Putin.

Encina Hall Basement Conference Room

FSI
Stanford University
Encina Hall C140
Stanford, CA 94305-6055

(650) 736-1820 (650) 724-2996
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Satre Family Senior Fellow, Freeman Spogli Institute for International Studies
kathryn_stoner_1_2022_v2.jpg MA, PhD

Kathryn Stoner is the Mosbacher Director of the Center on Democracy, Development and the Rule of Law (CDDRL) and the Satre Family Senior Fellow at the Freeman Spogli Institute for International Studies (FSI). From 2017 to 2021, she served as FSI's Deputy Director. She is Professor of Political Science (by courtesy) at Stanford and teaches in the Department of Political Science, the Program on International Relations, and the Ford Dorsey Master's in International Policy Program. She is also a Senior Fellow (by courtesy) at the Hoover Institution.

Prior to coming to Stanford in 2004, she was on the faculty at Princeton University for nine years, jointly appointed to the Department of Politics and the Princeton School for International and Public Affairs (formerly the Woodrow Wilson School). At Princeton, she received the Ralph O. Glendinning Preceptorship, awarded to outstanding junior faculty. She also served as a Visiting Associate Professor of Political Science at Columbia University and an Assistant Professor of Political Science at McGill University. She has held fellowships at Harvard University as well as the Woodrow Wilson Center in Washington, D.C. 

In addition to many articles and book chapters on contemporary Russia, she is the author or co-editor of six books: Transitions to Democracy: A Comparative Perspective, written and edited with Michael A. McFaul (Johns Hopkins 2013);  Autocracy and Democracy in the Post-Communist World, co-edited with Valerie Bunce and Michael A. McFaul (Cambridge, 2010);  Resisting the State: Reform and Retrenchment in Post-Soviet Russia (Cambridge, 2006); After the Collapse of Communism: Comparative Lessons of Transitions (Cambridge, 2004), coedited with Michael McFaul; and Local Heroes: The Political Economy of Russian Regional Governance (Princeton, 1997); and Russia Resurrected: Its Power and Purpose in a New Global Order (Oxford University Press, 2021).

She received a BA (1988) and MA (1989) in Political Science from the University of Toronto, and a PhD in Government from Harvard University (1995). In 2016, she was awarded an honorary doctorate from Ilia State University in Tbilisi, the Republic of Georgia.

Download full-resolution headshot; photo credit: Rod Searcey.

Mosbacher Director, Center on Democracy, Development and the Rule of Law
Professor of Political Science (by courtesy), Stanford University
Senior Fellow (by courtesy), Hoover Institution
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Kathryn Stoner-Weiss Resisting the State: Russian Reform and Retrenchment Stanford, Center on Democracy, Development, and the Rule of Law, SIIS
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We assess the factors affecting national administrative rationalization in the context of the current worldwide movement for governance reforms. Focusing on indicators of corruption control, the rule of law, bureaucratic effectiveness, and investment openness, we conduct cross-national and longitudinal analyses for the period 1985-2002. First, we find a modest overall expansion of rationalization in countries worldwide, with the most substantial changes occurring in developing countries and previously communist countries. Change is mostly on the specific indicator of investment openness. Second, we find that national change tends to reflect links with global society - expanded trade, the penetration of scientific logics, and embeddedness in world organizational activity play prominent roles. We conclude, then, that the rationalization of national governance, as with a good many other dimensions of modernization, is not simply or principally a consequence of endogenous national development or social complexity. Rather, it directly reflects international trade, and institutional linkages with wider rationalizing movements in the current context of a neoliberal world polity.

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This volume centers on the movement toward global legal standards, an increasingly recognized dimension of the quest to improve the rule of law. Although the drive to make law uniform across disparate political jurisdictions has a rich and imposing history, the contemporary enterprise to enact and enforce standard legal norms and procedures in fields as diverse as the law of companies, financial regulation, labor, constitutional dimensions of trade disputes resolution, environment and criminal procedure is clearly a growth industry. On the surface, the primary question posed by explaining this push toward standardization is why standard setting is emerging as a more prominent mechanism through which legal uniformity is pursued. There are numerous traditional and contemporary modes of extending the law across polities, among which the recent trend toward standardization commands particular attention. But just below the surface lie two related questions posed by the multiple movements toward legal homogenization.

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Thomas C. Heller
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The rule of law is a concept much in use to identify what is missing in many countries. It is a widespread and frequently repeated truism that the world in general, and the developing world in particular, needs "the rule of law." Most people do not have a very precise idea of what they mean when they invoke the rule of law. The reference is rich in historical and doctrinal connotations and therefore suggestive of meaning that is, however, hard to pin down.

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Gerhard Casper
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CDDRL organized a conference on "Governance and Sovereignty in Failed and Failing States," held April 16-17, 2004 at Stanford University. The event drew participants from around the United States and abroad, including speakers from Georgetown University, Oxford University, Stanford, Free University of Berlin, the United Nations, the World Bank, the Monterey Institute of International Studies, and the Carnegie Endowment for International Peace. Speakers from SIIS included Larry Diamond, Stephen J. Stedman and Michael A. McFaul.

The participants addressed a variety of topics including "Why States Fail," "UN Responses to State Failure," "Global Security and the United Nations," "Building Democracy in Iraq," and "Corruption and Misgovernance Lessons from U.S. Foreign Aid."

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In a May 14 lecture hosted by the Center on Democracy, Development and the Rule of Law, Francis Fukuyama, PhD -- professor of international political economy at Johns Hopkins University and renowned author of The End of History and the Last Man -- discussed the problem of weak, underdeveloped nation-states; the effectiveness of various approaches to strengthening such states; and the importance of culture, context and history in the task of state-building. His lecture, titled "State-building: A Framework for Thinking about the Transfer of Institutions to Developing Countries," drew a full room of attendees to the Bechtel Conference Center in Encina Hall

A former member of the RAND Corp. and the U.S. Department of State who has written widely on issues of democratization and international political economy, Fukuyama first presented a framework with which nation-states can be evaluated according to two key criteria: the strength of the state, and the scope of its functions. The first refers to a state's ability to enforce its own laws and policies; the second refers to how involved the state becomes in carrying out various societal functions, ranging from basic functions such as maintaining law and order and protecting public health, to more "activist" functions such as running industries and redistributing wealth.

Fukuyama asserted that from a development standpoint, nation-states should be strong but should carry out only the minimum necessary functions. He said that only one country he has studied -- New Zealand -- has effectively moved toward this ideal in recent years. He noted that many struggling, developing nations, such as Brazil, Mexico, Pakistan and Turkey, are overly ambitious in their scope -- attempting to run vast industries, for example -- but are weak and unable to carry out their policies because of factors like corruption. Other states that Fukuyama identified as "failed states," such as Haiti and Sierra Leone, are both limited in scope and weak, attempting to carry out only the most basic governmental functions and not doing it very well.

Fukuyama then discussed and evaluated various approaches to strengthening developing nations. He noted that in recent years much emphasis has been placed on encouraging such nations to reduce the scope of their functions, through deregulation and privatization, but said the effectiveness of this approach is now in question. A more effective approach, he said, is helping weak nation-states build their own strong institutions, such as political parties, public health networks and central banking.

Unfortunately, Fukuyama said, sometimes the efforts of outside organizations to strengthen a country's institutions only make things worse, because solutions are imposed from outside rather than developed from within. "Ideally, we would want a country's own public health system to handle that country's problems with AIDS or malaria," he said. "But when you flood the country with your organization's own doctors and nurses and infrastructure, what do the local doctors do? They quit their government posts to get on the payroll of your NGO." In a few months or years, when the organization withdraws its support, Fukuyama noted, the system collapses, because it was not built to be self-sustaining.

At the end of his talk, Fukuyama emphasized the importance of understanding local culture, context and history in the task of state building. For example, he said, those who run programs aiming to reduce the spread of HIV/AIDS in Africa should consider working with traditional faith healers, as they are an important part of the healthcare system in Africa.

Francis Fukuyama is dean of faculty and the Bernard L. Schwartz Professor of International Political Economy at the Paul H. Nitze School of Advanced International Studies of Johns Hopkins University. His book The End of History and the Last Man was published in 1992 and has appeared in more than 20 foreign editions. It made the bestseller lists in the United States, France, Japan and Chile, and has been awarded the Los Angeles Times' Book Critics Award.

Fukuyama received a BA in classics from Cornell University and a PhD in political science from Harvard University. He was a member of the Political Science Department of the RAND Corporation from 1979-1980, then again from 1983-89, and from 1995-96. In 1981-82 and in 1989 he was a member of the policy planning staff of the U.S. Department of State. In the early 1980s he was also a member of the U.S. delegation to the Egyptian-Israeli talks on Palestinian autonomy. He is a member of the President's Council on Bioethics, the American Political Science Association, the Council on Foreign Relations, the Pacific Council on International Policy, and the Global Business Network.

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Encina Hall, East Wing Ground Floor Conference Room, E008

CDDRL
Stanford University
Encina Hall, C144
616 Jane Stanford Way
Stanford, CA 94305-6055

(650) 725-4287 (650) 725-0253
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Lecturer in Law, Stanford Law School
jensen-1.jpg JD

Erik Jensen holds joint appointments at Stanford Law School and Stanford’s Center on Democracy, Development and the Rule of Law. He is Lecturer in Law, Director of the Rule of Law Program at Stanford Law School, an Affiliated Core Faculty at Stanford’s Center on Democracy, Development and the Rule of Law, and Senior Advisor for Governance and Law at The Asia Foundation. Jensen began his international career as a Fulbright Scholar. He has taught and practiced in the field of law and development for 35 years and has carried out fieldwork in approximately 40 developing countries. He lived in Asia for 14 years. He has led or advised research teams on governance and the rule of law at the World Bank, the Asian Development Bank and the African Development Bank. Among his numerous publications, Jensen co-edited with Thomas Heller Beyond Common Knowledge: Empirical Approaches to the Rule of Law (Stanford University Press: 2003).

At Stanford, he teaches courses related to state building, development, global poverty and the rule of law. Jensen’s scholarship and fieldwork focuses on bridging theory and practice, and examines connections between law, economy, politics and society. Much of his teaching focuses on experiential learning. In recent years, he has committed considerable effort as faculty director to three student driven projects: the Afghanistan Legal Education Project (ALEP) which started and has developed a law degree-granting programs at the American University of Afghanistan (AUAF), an institution where he also sits on the Board of Trustees; the Iraq Legal Education Initiative at the American University of Iraq in Sulaimani (AUIS); and the Rwanda Law and Development Project at the University of Rwanda. He has also directed projects in Bhutan, Cambodia and Timor Leste. With Paul Brest, he is co-leading the Rule of Non-Law Project, a research project launched in 2015 and funded by the Global Development and Poverty Fund at the Stanford King Center on Global Development. The project examines the use of various work-arounds to the formal legal system by economic actors in developing countries. Eight law faculty members as well as scholars at the Freeman Spogli Institute are participating in the Rule of Non-Law Project.

Director of the Rule of Law Program, Stanford Law School
CDDRL Affiliated Faculty
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Erik Jensen Lecturer Stanford University Law School
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