On the Ideological Foundations of Supreme Court Legitimacy in the American Public

Conventional wisdom says that individuals’ ideological preferences do not influence Supreme Court legitimacy orientations. Most work is based on the assumption that the contemporary Court is objectively conservative in its policymaking, meaning that ideological disagreement should come from liberals and agreement from conservatives. Our nuanced look at the Court's policymaking suggests rational bases for perceiving the Court's contemporary policymaking as conservative, moderate, and even liberal. We argue that subjective ideological disagreement—incongruence between one's ideological preferences and one's perception of the Court's ideological tenor—must be accounted for when explaining legitimacy. Analysis of a national survey shows that subjective ideological disagreement exhibits a potent, deleterious impact on legitimacy. Ideology exhibits sensible connections to legitimacy depending on how people perceive the Court's ideological tenor. Results from a survey experiment support our posited mechanism. Our work has implications for the public's view of the Court as a “political” institution.     

Revising Road Safety Policy: The Role of Systematic Evidence in Switzerland

In recent years, interest has grown in promoting and employing “evidence‐based policymaking.” This has been accompanied by an increase in available information about the performance of public policies. While existing research concludes that evidence about “what works” rarely prevails in democratic politics, it is inconclusive about which conditions affect the relevance of such evidence in decision‐making processes. This article aims first to clarify these conditions, and second, to present empirical findings from two case studies of road safety policy revision. The findings show how the creation and diffusion, as well as the political context, affect the role evidence plays in legislative policy revision in Switzerland.     

Compliance costs,regulation, and environmental performance: Controlling truck emissions in the US

When explaining regulatory policymaking and the behavior of regulated business firms, scholars have supplemented economic models by emphasizing the role of public‐regarding entrepreneurial politics and of normative pressures on firms. This article explores the limits of such entrepreneurial politics and “social license” pressures by examining regulation of emissions from diesel powered trucks in the US. We find that the economic cost of obtaining the best available control technology – new model lower emissions engines – has: (i) limited the stringency and coerciveness of direct regulation of vehicle owners and operators; (ii) dwarfed the reach and effectiveness of the governmental programs that subsidize the purchase of new less polluting vehicles; and (iii) elevated the importance of each company’s “economic license”– as opposed to its “social license”– in shaping its environmental performance. The prominence of this “regulatory compliance cost” variable in shaping both regulation and firm behavior, we conclude, is likely to recur in highly competitive markets, like trucking, that include many small firms that cannot readily either afford or pass on the cost of best available compliance technologies.     

The Political Frame for Negotiated Capitalism: Electoral Reform and the Politics of Crisis in Japan and Sweden

This article examines the impact of political institutions on the strength of executive governments as well as the consequences of that strength for policymaking. It argues that both political changes and electoral reforms in Japan and Sweden have weakened the political frame for “negotiated” or “coordinated” decision making in these nations. In Sweden, however, the complete demolition of the old political frame has opened up opportunities and incentives for new modes of governance. In Japan, by contrast, reforms have buttressed rather than dismantled the old frame, impeding the transition to a new approach.     

Europeans outside the EU: Telecommunications and Electricity Reform in Norway and Switzerland

Norway and Switzerland are two western Europe states that are not members of the European Union (EU), and they are among a number of small and economically open states in which reform of economic sectors is seen to be incremental and reactive. This article poses two questions about the reform of telecommunications and electricity in the two countries. First, what impact has nonmembership of the EU had on the reforms? Second, have their small and open economies and policymaking systems—conceptualized as “social corporatism” in Norway and “liberal corporatism” in Switzerland—had a decisive impact? Some influence from the EU is evident, particularly in telecommunications, but parallels with EU states indicate that nonmembership of the EU, though influential, is not decisive. Although national characteristics matter, social and liberal forms of corporatism are shown to have limited utility. The “actor‐centered institutionalism” approach, which allows a more nuanced analysis of actors and national institutions, is better at explaining the reforms.     

Delegating to the Quango: Ex Ante and Ex Post Ministerial Constraints

This article examines delegation in the environment of quasi‐governmental, special purpose bodies. Better known as “quangos,” these agencies present a challenge for the theory of delegation, because their tasks are often comprised of routine administration, such as the distribution of benefits and the collection of user fees, rather than more politically salient policymaking. Do (spatial) policy conflict and legislative capacity affect the conditions under which authority is delegated to quangos? What effect do “good government” ideology and legislative capacity have on the presence of ex ante and ex post control over quangos? Theoretical predictions are examined with data from a study of Dutch public bodies as well as issue scales from the Manifesto Research Group. Multinomial logit statistical models produce evidence that although policy conflict and legislative capacity measures affect the probabilities of enacting both ex ante and ex post controls, their contributions to ex post measures, as expected in the presence of important hidden action incentives, are much stronger.     

Financial industry groups' adaptation to the post‐crisis regulatory environment: Changing approaches to the policy cycle

This article explores the advocacy efforts of financial industry groups since the financial crisis. I describe key changes in the post‐crisis financial regulatory environment and argue that financial industry groups have adapted their advocacy strategies to these new conditions in innovative ways. Faced with a more challenging environment, financial industry groups have shifted their emphasis along the different stages of the policy cycle. Specifically, increased issue salience and a strained policy network have weakened financial industry groups' capacity to veto regulatory proposals at the stage of actual policy formulation. Focusing on the advocacy strategies of the global banking and derivatives industries, I show evidence that the response has been to invest in more subtle advocacy strategies which focus on other stages of the policymaking cycle. Self‐regulatory moves attempt to affect the agenda setting stage of policymaking, and a strong focus on the timing, rather than the content of new regulations, has attempted to affect the implementation stage. Such a transformation of advocacy strategies differs sharply from most depictions of financial industry groups simply “blocking” regulatory change since the global financial crisis.     

打破政策“黑箱”的制度设计——基于广州政策兑现实践的研究

如何打破政策“黑箱”是学界和社会关注的重要议题。以广州市政策兑现改革实践为例,探讨如何从制度设计层面来打开公共政策过程中的政策“黑箱”。研究发现,虽然公共政策过程是一个动态且复杂的过程,但是通过统筹政策制定和政策落地两端、主观要素客观化、模糊标准明确化、重塑政府流程等,能够形成确定的决策环境,控制非理性因素,约束自由裁量权,并压缩权力寻租空间,从而可以从源头消除政策“黑箱”的形成土壤。广州市政府政策兑现改革过程中,通过“输入—转化—输出”的制度框架设计,形成了从政策制定到政策执行再到政策结果与评估的政策闭环,并对政策兑现的相关责任单位、流程和时限都进行了严格把控,进而实现对政策“黑箱”内部决策要素的控制。从政策“黑箱”本身入手,破解政策“黑箱”难题,实现政策的阳光承诺和给付,最终形成极具特色和借鉴意义的广州模式。     

Hofferbert in Transit: A Dynamic Stages Model of the Urban Policy Process

This article presents a reformulation and empirical test of Hofferbert's (1974 ) “stages” heuristic, a model that fell largely out of favor due to criticisms that it does not effectively account for (1) feedback loops, or the possibility that policymakers learn from past experiences, and (2) the importance of intergovernmental relations. We update this model and apply it in the context of urban transit policymaking, using revenue flows to and from the government as an indicator of both recursive behavior and intergovernmental influence. The results suggest that these modifications reestablish the explanatory power of the stages model.     

Making policy for complex systems: A medical model for economics

In recent years, policy analysts have shown a growing interest in less rationalistic policymaking models. Medical knowledge may be useful to consider in this regard, since it combines practical knowledge with the findings of numerous analytic disciplines, and includes procedures for dealing with high uncertainty. In contrast, economic policymaking often applies analysis from a single discipline directly to a multifaceted problem. A broader “socioeconomic” approach emulating the medical model would incorporate variables such as political, social, cultural, psychic, and environmental factors.     

When does the multiple principals hypothesis hold? The politics of U.S. agency policymaking autonomy

When the bureaucracy's political principals hold different preferences for policy, does this increase the bureaucracy's policymaking autonomy? Existing theory strongly suggests “yes.” We, however, argue that this pattern will materialize only when the bureaucracy's principals are all on the same side of the political divide. (i.e., unified government). Using data gathered from the American states at two time points, we capture preference divergence by measuring the ideological distance between the bureaucracy's key political principals—legislators, governors, and courts—on the common left–right dimension. We measure policymaking autonomy through multi-faceted surveys of state agency leaders. In keeping with our argument, we demonstrate that greater preference divergence across the bureaucracy's principals is associated with increased agency policymaking autonomy under unified—but not under divided—government. The results shed new light on when, and why, the bureaucracy's political principals may provide an oversight check on the policymaking power of the modern administrative state.     

How to humiliate and shame: a reporter's guide to the power of the mugshot

The judicial photograph – the “mugshot” – is a ubiquitous and instantly recognisable form, appearing in the news media, on the internet, on book covers, law enforcement noticeboards and in many other mediums. This essay attempts to situate the mugshot in a historical and theoretical context to explain the explicit and implicit meaning of the genre as it has developed, focussing in particular on their use in the UK media in late modernity. The analysis is based on the author's reflexive practice as a journalist covering crime in the national news media for 30 years and who has used mugshots to illustrate stories for their explicit and specific content. The author argues that the visual limitations of the standardised “head and shoulders” format of the mugshot make it a robust subject for analysing the changing meaning of images over time. With little variation in the image format, arguments for certain accreted layers of signification are easier to make. Within a few years of the first appearance of the mugshot form in the mid-19th century, it was adopted and adapted as a research tool by scientists and criminologists. While the positivist scientists claimed empirical objectivity we can now see that mugshots played a part in the construction of subjective notions of “the other”, “the lesser” or “sub-human” on the grounds of class, race and religion. These dehumanising ideas later informed the theorists and bureaucrats of National Socialist ideology from the 1920s to 1940s. The author concludes that once again the mugshot has become, in certain parts of the media, a signifier widely used to exclude or deride certain groups. In late modernity, the part of the media that most use mugshots – the tabloid press and increasingly tabloid TV – is part of a neo-liberal process that, in a conscious commercial appeal to the paying audience, seeks to separate rather than unify wider society.     

Clinton,Europe and Economic Diplomacy: What Makes the EU Different?

The Clinton administration's economic diplomacy has been more aggressive, politicized and controversial than that of any recent US administration. We examine its application to the European Union (EU) and seek to answer the question: what makes Europe different? Put another way, why has the US pursued cooperation on “behind-the-border” issues such as competition policy, standards and investment rules, and eschewed export promotion? We offer three explanations. First, the EU's market is unique: it is a mature, but lucrative one for large US-owned firms concerned more with behind-the-border issues than with market access issues. Second, American companies who have invested heavily in Europe have developed their own political links to the EU, particularly through the EU Committee of the American Chamber of Commerce. Third, these same companies have a powerful influence over US policy towards Europe as well as EU policymaking. Our analysis develops these three hypotheses, and also offers an assessment of the progress and meaning of the Transatlantic Business Dialogue.     

Disowning Fukushima: Managing the credibility of nuclear reliability assessment in the wake of disaster

This paper reflects on the credibility of nuclear risk assessment in the wake of the 2011 Fukushima meltdowns. In democratic states, policymaking around nuclear energy has long been premised on an understanding that experts can objectively and accurately calculate the probability of catastrophic accidents. Yet the Fukushima disaster lends credence to the substantial body of social science research that suggests such calculations are fundamentally unworkable. Nevertheless, the credibility of these assessments appears to have survived the disaster, just as it has resisted the evidence of previous nuclear accidents. This paper looks at why. It argues that public narratives of the Fukushima disaster invariably frame it in ways that allow risk‐assessment experts to “disown” it. It concludes that although these narratives are both rhetorically compelling and highly consequential to the governance of nuclear power, they are not entirely credible.     

Utilizing Ostrom’s institutional analysis and development framework toward an understanding of crisis-driven policy

Policy Sciences - This paper examines the institutional dynamics of policymaking in a crisis. Crises have been termed a “perceptual category,” events that at least seem to be...     

Policing the Bargain: Coalition Government and Parliamentary Scrutiny

Policymaking by coalition governments creates a classic principal‐agent problem. Coalitions are comprised of parties with divergent preferences who are forced to delegate important policymaking powers to individual cabinet ministers, thus raising the possibility that ministers will attempt to pursue policies favored by their own party at the expense of their coalition partners. What is going to keep ministers from attempting to move policy in directions they favor rather than sticking to the “coalition deal”? We argue that parties will make use of parliamentary scrutiny of “hostile” ministerial proposals to overcome the potential problems of delegation and enforce the coalition bargain. Statistical analysis of original data on government bills in Germany and the Netherlands supports this argument. Our findings suggest that parliaments play a central role in allowing multiparty governments to solve intracoalition conflicts.