ARTICLES
Choi, D., Harris, J. A., and Shen-Bayh, F. 2022. "Ethnic Bias in Judicial Decision-Making: Evidence from Criminal Appeals in Kenya." 1-14. American Political Science Review.
Shen-Bayh, F. 2018. "Strategies of Repression: Judicial and Extrajudicial Methods of Autocratic Survival." World Politics, 70(3), 321-357.
Choi, D., Harris, J. A., and Shen-Bayh, F. 2022. "Ethnic Bias in Judicial Decision-Making: Evidence from Criminal Appeals in Kenya." 1-14. American Political Science Review.
- Fiona McGillivray Best Paper Award (2020), the Political Economy section of the American Political Science Association (APSA)
- Featured in Unpacking Judicial Bias in Africa. Democracy in Africa Blog
- Featured in Does ethnicity influence judicial decisions in Kenya? London School of Economics Firoz Lalji Institute for Africa
Shen-Bayh, F. 2018. "Strategies of Repression: Judicial and Extrajudicial Methods of Autocratic Survival." World Politics, 70(3), 321-357.
- Best Article Award (2019) from Democracy and Autocracy, an organized section of APSA
UNDER REVIEW
"The Language of Legitimacy: Framing the International Criminal Court in African News Media." (with Risa Kitagawa)
"Justice for Whom? Judicial Populism as Window Dressing in Autocratic Regimes."
Populists often frame the judiciary as emblematic of the corrupt, illegitimate elite, particularly when judgements go against popular notions of right and wrong. But populist judicial reforms need not bestow power to the people and may instead further entrench the position of elites. How can elites ``popularize'' the courts without truly conceding control? I argue that populist judicial reforms can serve as window dressing for state manipulations of the legal process, concealing top-down interventions in the law as reflections of popular morality. I examine these dynamics in postcolonial Malawi where populism and anti-imperialism were deeply intertwined, resulting in the promotion of supposedly indigenous norms of customary criminal justice pitted against colonial law and courts. I find that in this context, so-called Traditional Courts were ostensibly a gesture of empowerment for the people, but in reality enabled the president to centralize control over criminal punishment and also distracted the public from other pressing problems of law and order. My findings deepen understanding of judicial populism and provide insight into how manipulations of the criminal justice system can strengthen autocratic power.
"The Language of Legitimacy: Framing the International Criminal Court in African News Media." (with Risa Kitagawa)
- Invited to revise and resubmit at Journal of Politics
"Justice for Whom? Judicial Populism as Window Dressing in Autocratic Regimes."
Populists often frame the judiciary as emblematic of the corrupt, illegitimate elite, particularly when judgements go against popular notions of right and wrong. But populist judicial reforms need not bestow power to the people and may instead further entrench the position of elites. How can elites ``popularize'' the courts without truly conceding control? I argue that populist judicial reforms can serve as window dressing for state manipulations of the legal process, concealing top-down interventions in the law as reflections of popular morality. I examine these dynamics in postcolonial Malawi where populism and anti-imperialism were deeply intertwined, resulting in the promotion of supposedly indigenous norms of customary criminal justice pitted against colonial law and courts. I find that in this context, so-called Traditional Courts were ostensibly a gesture of empowerment for the people, but in reality enabled the president to centralize control over criminal punishment and also distracted the public from other pressing problems of law and order. My findings deepen understanding of judicial populism and provide insight into how manipulations of the criminal justice system can strengthen autocratic power.
WORKING PAPERS
"Democratic Backsliding on the Legislative Floor: Evidence from Zambia." (with Donghyun Danny Choi)
How does democratic backsliding affect the behavior of incumbent party and opposition legislators in parliament? We investigate this question in the context of Zambia, which experienced a significant spate of oppression against the opposition party during the Presidency of Edgar Lungu. Using computational text analysis on a corpus of 1,292 parliamentary sessions from 2001—2021, we systematically analyze how legislative debates between incumbent and opposition players evolved during a period of democratic turmoil compared to periods of relative democratic stability. We specifically examine changes in the composition of legislators who speak up during these debates, the topics raised, as well as the extent of incivility across party lines. Our findings reveal how democratic backsliding manifests in the legislative arena, which has implications for freedom of speech and democratic discourse.
“Combating Corruption in African Countries: Foreign Creditors and Domestic Institutions.” (with Leonardo Arriola)
"The Politics of Colonial Responsibility: Evidence from British and French Parliamentary Debates." (with Risa Kitagawa)
What does the ex-colonizer owe to the ex-colonized? Whether former colonial powers should apologize to their former colonies has become a recent source of debate. Some European governments have begun offering gestures of remorse falling short of reparations, whereas others appear to be more nostalgic for empire and largely unwilling to repent. To fully appreciate popular discourse on the legacies of imperialism and white supremacy in the contemporary era, in this study, we examine the history of political debates on the colonial project. We specifically compare how colonialism has been depicted by France and Britain over the past 150 years of parliamentary proceedings. Using computational text analysis techniques, we parse an original corpus of substantially verbatim reports from the floors of the French and British parliaments. Dissecting debates from 19th century to present day helps us to uncover how the framing of colonialism has evolved over time and across contexts. By taking the long-run historical view, we seek to understand how the terms of debate on colonial rule have evolved both before and after decolonization, as well as how such language has influenced contemporary debates on apology and accountability.
BOOK CHAPTERS
Gloppen, S., Wang, V., Kanyongolo, E. and Shen-Bayh, F. (2022). “Malawi: Democratic Fits and Starts” In Democratic Backsliding in Africa? Autocratization, Resilience, and Contention, eds. L. Arriola, L. Rakner, and N. van de Walle, Oxford University Press
"Democratic Backsliding on the Legislative Floor: Evidence from Zambia." (with Donghyun Danny Choi)
How does democratic backsliding affect the behavior of incumbent party and opposition legislators in parliament? We investigate this question in the context of Zambia, which experienced a significant spate of oppression against the opposition party during the Presidency of Edgar Lungu. Using computational text analysis on a corpus of 1,292 parliamentary sessions from 2001—2021, we systematically analyze how legislative debates between incumbent and opposition players evolved during a period of democratic turmoil compared to periods of relative democratic stability. We specifically examine changes in the composition of legislators who speak up during these debates, the topics raised, as well as the extent of incivility across party lines. Our findings reveal how democratic backsliding manifests in the legislative arena, which has implications for freedom of speech and democratic discourse.
“Combating Corruption in African Countries: Foreign Creditors and Domestic Institutions.” (with Leonardo Arriola)
- Featured in The Calculus of Corruption Reform in Autocratic Regimes. Democracy & Autocracy. Vol. 20(1), 43-48.
"The Politics of Colonial Responsibility: Evidence from British and French Parliamentary Debates." (with Risa Kitagawa)
What does the ex-colonizer owe to the ex-colonized? Whether former colonial powers should apologize to their former colonies has become a recent source of debate. Some European governments have begun offering gestures of remorse falling short of reparations, whereas others appear to be more nostalgic for empire and largely unwilling to repent. To fully appreciate popular discourse on the legacies of imperialism and white supremacy in the contemporary era, in this study, we examine the history of political debates on the colonial project. We specifically compare how colonialism has been depicted by France and Britain over the past 150 years of parliamentary proceedings. Using computational text analysis techniques, we parse an original corpus of substantially verbatim reports from the floors of the French and British parliaments. Dissecting debates from 19th century to present day helps us to uncover how the framing of colonialism has evolved over time and across contexts. By taking the long-run historical view, we seek to understand how the terms of debate on colonial rule have evolved both before and after decolonization, as well as how such language has influenced contemporary debates on apology and accountability.
BOOK CHAPTERS
Gloppen, S., Wang, V., Kanyongolo, E. and Shen-Bayh, F. (2022). “Malawi: Democratic Fits and Starts” In Democratic Backsliding in Africa? Autocratization, Resilience, and Contention, eds. L. Arriola, L. Rakner, and N. van de Walle, Oxford University Press
OTHER PUBLICATIONS
Shen-Bayh, F. (2022), Reimagining the judiciary: Women's representation on high courts worldwide. By Escobar-Lemmon, Maria C., Hoekstra, Valerie J., Kang, Alice J., and Kittilson, Miki Caul, New York: Oxford University Press. 2021. pp. 201. $67.43 (cloth). Governance. https://doi.org/10.1111/gove.12748
Shen-Bayh, F. (2021). Regime threats and state solutions: Bureaucratic loyalty and embeddedness in Kenya, Hassan, Mai, Cambridge University Press, New York, NY, 2020. 308 pp. $99.99 (cloth). Governance. https://doi.org/10.1111/gove.12624
Arriola, L., Dow, D., and Shen-Bayh, F. 2017. "Regional Responses to Human Rights Violations." Featured in Amnesty International Report: Africa: Counting Gains, Filling Gaps: Strengthening African Union’s Response to Human Rights Violations Committed in Conflict Situations
Shen-Bayh, F. (2022), Reimagining the judiciary: Women's representation on high courts worldwide. By Escobar-Lemmon, Maria C., Hoekstra, Valerie J., Kang, Alice J., and Kittilson, Miki Caul, New York: Oxford University Press. 2021. pp. 201. $67.43 (cloth). Governance. https://doi.org/10.1111/gove.12748
Shen-Bayh, F. (2021). Regime threats and state solutions: Bureaucratic loyalty and embeddedness in Kenya, Hassan, Mai, Cambridge University Press, New York, NY, 2020. 308 pp. $99.99 (cloth). Governance. https://doi.org/10.1111/gove.12624
Arriola, L., Dow, D., and Shen-Bayh, F. 2017. "Regional Responses to Human Rights Violations." Featured in Amnesty International Report: Africa: Counting Gains, Filling Gaps: Strengthening African Union’s Response to Human Rights Violations Committed in Conflict Situations