Breaking gridlock: the determinants of health policy change in Congress

Prior to the 2010 health care reforms, scholars often commented that health policy making in Congress was mired in political gridlock, that reforms were far more likely to fail than to succeed, and that the path forward was unclear. In light of recent events, new narratives are being advanced. In formulating these assessments, scholars of health politics tend to analyze individual major reform proposals to determine why they succeeded or failed and what lessons could be drawn for the future. Taking a different approach, we examine all health policies proposed in the U.S. House of Representatives between 1973 and 2002. We analyze these bills' fates and the effectiveness of their sponsors in guiding these proposals through Congress. Setting these proposed policies against a baseline of policy advancements in other areas, we demonstrate that health policy making has indeed been far more gridlocked than policy making in most other areas. We then isolate some of the causes of this gridlock, as well as some of the conditions that have helped to bring about health policy change.     

The Tools,Tactics, and Mentality of Outlaw Biker Wars

Warfare among rival outlaw motorcycle clubs has been and remains a critical dynamic in the subculture. This paper examines the role of war mentality in the biker subculture and how it has changed overtime. Specific exemplary and noteworthy events are discussed to illustrate critical ideas. Also examined are the changing tactics, defenses, and tools used in these conflict and how the mentality of the outlaw biker club has contributed to the evolution of warfare from impulsive, self-gratifying mayhem to more calculating symbolic and instrumental acts.     

Risk Assessment for Juvenile Justice: A Meta-Analysis

Risk assessment instruments are increasingly employed by juvenile justice settings to estimate the likelihood of recidivism among delinquent juveniles. In concert with their increased use, validation studies documenting their predictive validity have increased in number. The purpose of this study was to assess the average predictive validity of juvenile justice risk assessment instruments and to identify risk assessment characteristics that are associated with higher predictive validity. A search of the published and grey literature yielded 28 studies that estimated the predictive validity of 28 risk assessment instruments. Findings of the meta-analysis were consistent with effect sizes obtained in larger meta-analyses of criminal justice risk assessment instruments and showed that brief risk assessment instruments had smaller effect sizes than other types of instruments. However, this finding is tentative owing to limitations of the literature.     

is there really a second shift,and if so,who does it? a time-diary investigation

This paper draws on data from the most recent Australian Bureau of Statistics (ABS) Time Use Survey (TUS) (over 4,000 randomly selected households) to tease out the dimensions of the ‘second shift’. Predictions that as women entered the paid workforce men would contribute more to household labour have largely failed to eventuate. This underpins the view that women are working a second shift because they are shouldering a dual burden of paid and unpaid work. However, time use research seems to show that when both paid and unpaid work is counted, male and female workloads are in total very similar. This has led to suggestions that a literal second shift is a myth; that it exists in the sense that women do more domestic work than men, but not in the sense that they work longer hours in total. Using a more accurate and telling measure of workload than previous research (paid and unpaid labour including multitasked activities), this paper explores the second shift and how it relates to family configuration, ethnicity and indicators of class and socioeconomic standing. It finds a clear disparity between the total workloads of mothers and fathers, much of which consists of simultaneous (secondary) activity, and some demographic differences in female (but not male) total workloads. It concludes that the view that the second shift is a myth is only sustainable by averaging social groups very broadly and by excluding multitasking from the measurement of total work activity.     

Death Qualification in Black and White: Racialized Decision Making and Death‐Qualified Juries

Death qualification has been shown to have a number of biasing effects that appear to undermine a capital defendant's Sixth Amendment right to a fair jury. Attitudes toward the death penalty have shifted modestly but consistently over the last several decades in ways that may have changed the overall impact of death qualification. Specifically, the very large gap between black and white Americans' current support for capital punishment raises the question of whether death qualification procedures disproportionately exclude African Americans from capital jury participation. In order to examine this possibility, we conducted two countywide death penalty attitude surveys in the California county that has the highest percentage of African American residents in the state. Results show that death qualification continues to have a number of serious biasing effects—including disproportionately excluding death penalty opponents—which result in the significant underrepresentation of African Americans. This creates a death‐qualified jury pool with the potential to be significantly more likely to ignore and even misuse mitigating factors and to rely more heavily on aggravating factors in their death penalty decision making. The implications of these findings for the fair administration of capital punishment are discussed.     

The Trial of Joseph Dotterweich: The Origins of the “Responsible Corporate Officer” Doctrine

This article analyzes the origins of the “responsible corporate officer” doctrine: the trial of Joseph Dotterweich. That doctrine holds that an officer may be personally liable for the criminal act of a subordinate if the officer was, in some indefinite way, able to prevent the violation. Applying this doctrine, the prosecution of Dotterweich entailed strict liability for a strict liability offense. The underlying offenses—the interstate sale of one misbranded and adulterated drug and one misbranded drug—were said to be strict liability offenses. And then, with respect to Dotterweich as the corporation’s general manager, the government argued that he was strictly liable because he stood in “responsible relation” to the company’s acts. The government never tried to prove that the company, Buffalo Pharmacal, was negligent, nor did it try to prove that Dotterweich was negligent in his supervision of the employees of Buffalo Pharmacal. The prosecutor and judge were candid about this theory throughout the trial, although the judge conceded that it seemed bizarre and unfair. The defense lawyer repeatedly sought to inject what became known throughout the trial as the “question of good faith,” but was circumvented at almost every turn. What would thus seem to be the crux of any criminal trial—the personal fault of the defendant—was carefully shorn from the jury’s consideration. The government’s theory was so at odds with intuitive notions of liability and blame that, as one probes into the case, and looks at the language used in the government’s appellate briefs, imputations of moral fault inevitably crept in. Yet the government was not entitled to make such accusations, as it had pruned moral considerations from the trial. The article argues that the responsible corporate officer doctrine can never enjoy a secure place in our legal system. First, the doctrine is at a minimum in tension with, and often in direct opposition to, basic principles of the criminal law; and second, the doctrine fails, when followed to its logical conclusions, to accord with basic notions of fair play. The article concludes that the responsible corporate officer doctrine is either unnecessary, in cases in which the evidence establishes personal fault, or unjust, in cases in which it creates liability in the absence of personal fault through the unspecified notion of “responsibility.” The Dotterweich case illustrates what is contemplated by the latter possibility, and why it is problematic in any judicial system that purports, in the words of the Model Penal Code, “to safeguard conduct that is without fault from condemnation as criminal.”     

Government,Effectiveness, Performance,and Local Property Values

Abstract

We offer a practical measure of local government effectiveness in the provision of public services relating service expenditures to aggregate property value. Building on the work of Brueckner (1979 Brueckner, J. K. 1979. Property values, local public expenditure, and economic efficiency. Journal of Public Economics, 11: 223–246.  [Google Scholar], 1982 Brueckner, J. K. 1982. A test for allocative efficiency in the local public sector. Journal of Public Economics, 19: 311–331. [Crossref], [Web of Science ®] , [Google Scholar], 1983 Brueckner, J. K. 1983. Property value maximization and public sector efficiency. Journal of Urban Economics., 14: 1–16.  [Google Scholar]) and Henderson (1990, 1995) we present an aggregate property value maximization model where levels of local public services are capitalized into aggregate property values. Using data for Wisconsin municipalities we demonstrate that service expenditure levels, and simultaneously corresponding taxation levels, are suboptimal and should be increased. The aggregate property value maximization test suggests that local public services in Wisconsin are consistently under-provided. By monitoring local property values officials can objectively measure if public services are being provided in an optimal manner.