Public choice and tort reform

The common law originally was thought to be immune to rent seeking. More recently, scholars have recognized that attorneys are engaged in exactly that activity. Rent seeking by the legal profession has greatly expanded the scope of US tort law, and generated efforts to reverse its expansion. Organized groups (attorneys, businesses and doctors) are active on both sides of the issue and the partisans have numerous tools available for advancing their agendas, such as litigating, lobbying for favorable rules and attempting to elect sympathetic legislators and judges. All of this creates an ideal setting for public choice analysis.     

Intelligence reform: The logic of information sharing

A cornerstone of US intelligence reform is ‘information sharing’ as a means of adapting to contemporary security challenges. It was a central recommendation of the 9/11 Commission, reflected in the wide-ranging ‘Information Sharing Environment’ mandated by the Intelligence Reform and Terrorism Prevention Act of 2004. Yet the underlying logic of information sharing for intelligence reform has received little attention. Drawing on information and communications theory, this paper critiques the logic by highlighting problems of sense-making and interpretation overlooked amid the scholarly enthusiasm for an intelligence ‘culture of sharing’. With their impersonal, technical, and highly bureaucratic approach, today's reforms may favor the flow of information and its sheer volume at the expense of the context and analytic tradecraft that render it meaningful, actionable intelligence. For effective information sharing, the paper suggests reformers pay more attention to the socio-technical environment of analysis when interpreting ambiguous, uncertain information.     

Measuring the civic duty to vote: A proposal

Civic duty is a central concept in the study of turnout, yet little attention has been paid to how it should be measured. After a careful review of previous measures we constructed an original battery of 13 questions that were administered in a survey conducted in seven countries at the time of the 2014 European election. We show that the battery indeed taps the duty construct. We then propose a reduced battery of four questions. We show that the four questions achieve good fit measures and pass several tests of robustness and validity across the seven countries. We invite researchers to implement this battery in future research.     

Social order through constitutional choice: A contractarian proposal

The present paper consists of two closely related parts: one which outlines a normative criterion for evaluating the legitimacy of constitutional change and one which specifies a particular proposal of a constitution. The criterion used stems directly from the "pragmatic" brand of contractarianism developed by Buchanan, where an approximate rule of unanimity is utilized. The proposal aims at the highest possible freedom of choice for individuals when it comes to defining the political system of their liking: a core (dealing with public goods and rights) is common for all, but everything else can vary between different sub-constitutions between which individuals choose.     

Education finance reform: A dynamic perspective

We use a dynamic Tiebout model to analyze the consequences of moving from a pure local system of education finance to a pure state system of finance in which each student receives the same resources. While much of the education finance literature focuses on the static or immediate effects of such a change, our analysis also examines the dynamic effects. Numerical simulations for a calibrated version of our model indicate that these dynamic effects are very important. Comparing steady states, we find that aggregate welfare increases on the order of 10 percent following the switch to a state system. The key to this welfare gain is that a local system yields inefficiently low investment in human capital of children from low-income families.     

A left-libertarian proposal for egalitarian world ownership

In this paper I advocate a left-libertarian approach to egalitarian world ownership that combines common ownership of land, following Henry George (where private appropriation is subject to the payment of rent), with joint ownership of finite and exhaustible resources such as oil (where use is subject to a collective decision-making process and tax paid at the point of extraction). This rent and tax together create a common fund available for global distribution. I argue that this approach offers improvements on Hillel Steiner’s proposal for a global fund, and Thomas Pogge’s proposal for a Global Resources Dividend (GRD) since it does not penalize states for the inclusion of valuable resources within their territory that are not being used, while it also does not allow states to benefit from the use of resources elsewhere while simultaneously refusing to exploit the resources within their own borders. Moreover, joint ownership need not conflict with the libertarian commitment to self-ownership, as is often thought to be the case, and when supplementing common ownership of land it can provide an egalitarian outcome as well as greater protection for future generations and the environment.     

Partisan Differences in Nonpartisan Activity: The Case of Charitable Giving

How do political identities shape seemingly non-political behaviors, such as consumption activity? This paper explores the extent to which political divisions impact apolitical behaviors, focusing on the case of voluntary donations to charitable organizations. Drawing on recent work showing partisans’ differing use of “conspicuous consumption,” we develop and test expectations as to how charitable activity may differ for Democrats and Republicans. Using three national surveys, including an original two-wave panel study, we find sizable differences in overall giving between partisans, with Republicans giving more to charity on average. We show that partisan differences in religiosity, and not differences in beliefs about government spending or desires to signal economic status, explain partisan gaps in giving. Our findings contribute to our understanding about the broader consequences of political fragmentation in the United States and provide further evidence for the social, as opposed to ideological, roots of political identity.     

Welfare reform and paternity establishment: A social experiment

From March 1988 through September 1989, a demonstration study was conducted in Cuyahoga County, Ohio, on procedures for expediting paternity establishment. The issue of paternity establishment is central to current concerns about child support. In the 1988 Family Support Act, for example, administrative reforms to expedite paternity establishment are prominently featured. The results of the Cuyahoga demonstration provide early evidence of the likely impact of the 1988 reforms. At the implementation stage, the demonstration points up the complex interorganizational dependencies that are likely to limit the impact of mandated performance standards and associated sanctions directed at state and local child support agencies. As to the impact on paternity establishment outcomes, interventions directed at expediting administrative processes are likely to have a positive effect. However, the results of the demonstration indicate that noncooperative behavior among a significant portion of the client population is likely to seriously limit the effectiveness of expedited processes.     

Administrative reform in developing countries: A comparative perspective

This study investigates administrative reform in seven Arab states, delineates common problems and describes general tendencies via content analysis of official statements. The study deals with reform in three major phases: defining administrative problems and needs; developing strategies for reform; and developing instruments of action for implementation. Appraisal of reform efforts discloses mediocre results based on a poor implementation record attributable to incongruities of methods and objectives of reform. Among such incongruities are the conventional limitations of bureaucracy, the copying of Western administrative rationality in form if not in substance, and insufficient attention paid to traditional, cultural, religious, and political contexts of administration. Recognizing the difficulties involved in conceptualizing and implementing reform in any society, the analysis offers several recommendations to improve the outcome of reform efforts, among them: encouraging employee involvement in reform decisions; improving collected diagnostic data; providing special training for employees responsible for managing reform; soliciting unwavering political commitment; developing incentive systems; and replacing the piecemeal approach with reliance on a systems perspective.     

Public service reform: A comparative west European perspective

This article compares recent public service reforms in Britain, France and Germany in terms of reform origins, the trade‐off between managerial and administrative values in the overall reform orientation and the balance within managerial reform between public choice and business management strands. An explanation is advanced of variations in national reform profiles which draws on elements of both political economy and historical institutionalist approaches. Particular importance is attributed to the composition of French and German administrative reform policy communities, and to the resilience of collectivist ideals of public service within the respective memberships, as compared with Britain.     

Expenditure effects of metropolitan tax base sharing: A public choice analysis

This research explores probable budgetary consequences from the introduction of an institutional change which requires communities in metropolitan areas to pool any growth in the commercial-industrial tax base so that all cities benefit from new development irrespective of where the development occurs. Sharing of the tax base has been suggested as a means to overcome fiscal disparities among local governments in metropolitan areas and to reduce competition for new industrial development, thus, promoting ‘orderly development’ of the urban area. An alternative view of the institutional change focuses on the consequences of removing the tax base from the control of the local unit of government and suggests that based upon existing studies of government size and the cost of public services, government managers will be less responsive to the wishes of the citizen/taxpayer after the introduction of tax base sharing. The efficiency aspects of local government finance are examined and based upon data for the Minneapolis-St. Paul metropolitan area, the expenditure effects are estimated. The empirical evidence suggests that while revenue flows are altered in the metropolitan areas, the primary impact of tax base sharing has been to expand the level of government expenditures, not equalize interjurisdictional tax rates.     

Charitable giving in the German welfare state: fiscal incentives and crowding out

There are two ways that government activities influence private charitable giving: (1) government spending on the provision of public goods may cause crowding out of private charitable contributions; and (2) tax incentives may boost private charitable giving. From a sample of German income tax returns, we estimate the elasticity of charitable giving relative to tax incentives, income, and government spending. Using censored quantile regression analysis, we derive results for different points of the underlying distribution of charitable giving. Evaluating overall treasury efficiency, the tax deductibility of charitable donations fosters enough private giving to offset foregone tax revenues.     

A call for budget reform

This article calls for reform of the U.S. Federal budget from two perspectives, preparation and content. The first aspect of reform proposes to amend the Budget and Accounting Act of 1921 by eliminating the requirement for an executive budget. It proposes replacing the executive budget submission with a budget prepared by a joint executive-legislative council. While the decision-making process for approval of the budget would remain the same, the council-proposed budget would eliminate several time consuming issues of disagreement such as whose economic estimates are used. The second aspect of reform proposes an examination of the contents of the budget. The current budget focuses on agency appropriations and the debt/surplus figure. Many more issues such as unfunded pension liabilities, true costs of credit, value of government-owned assets and the number of appropriations are largely neglected. This aspect of the budget should be examined by a non-partisan group of experts to make recommendations for an improvement in the informational content of the budget. Improved information could help support sound decisionmaking. The article contends that we can preserve the constitutional separation of powers dealing with the budget while we simply improve the methods used to prepare the document itself, and once the document is prepared it would be structured so it can be examined in a meaningful manner by interested citizens in order to ascertain the financial conditions of the country.