House Party Switchers and Committee Assignments: Who Gets “What,When, How?”

What are the political consequences for members of Congress who switch parties? Roll‐call and electoral consequences of congressional party switching have been studied, but other implications of party defections have yet to be systematically explored. In this article, I examine the committee assignments of House party switchers and argue that party leaders seek to reward members of the opposing party who join their ranks. Using committee assignment data from the 94th House (1975–76) through the 107th House (2001–02), I show that party switchers are more likely than nonswitchers to be the beneficiaries of violations of the seniority norm. The findings from this article are of interest to students of political parties and legislative institutions, and fill a gap in the literature on party switching. When you joined the Republican Conference on August 6, 1995, the elected leadership …determined that your accumulated seniority in the Congress would be credited when you joined the Republican Conference…. Therefore, the Republican Steering Committee's Seniority List ranks you nineteenth in overall conference seniority and designates May 22, 1980, as the beginning of your tenure in the House for purposes of Republican seniority. Letter from Speaker Dennis Hastert to party switcher Billy Tauzin, April 4, 2000.¹     

“Scared Straight”: Ideology and the media

One of the more widely publicized presentations about crime is “Scared Straight,” a documentary about a program in which juveniles visit inmates in a New Jersey penitentiary. It is the contention of this article that this film and the accompanying media coverage of it convey an ideology message concerning crime and criminals. Crime is presented as a matter of individual choice that has little relationship to any social variables. Criminals are portrayed in a one-dimensional manner as evil, vicious, and barely human. The documentary is a success because these images of crime and criminals conform to existing stereotypes. Based on these distorted images, the film and media coverage “market” a simplistic solution to crime that is compatible with their presentation of the crime problem.     

Alcohol and rape: An “economics-of-crime” perspective

Using a panel of state-level data over the years 1982–2000, this study explores the potential relationship between alcohol policy, alcohol consumption, and rape by considering a number of theoretical and methodological issues. First, the potential relationship is examined in the context of an economics-of-crime model, controlling for various deterrence and opportunity cost variables. Second, unlike most studies, consumption of liquor and wine are considered as well as consumption of beer. A third focus is on the potential endogeneity of alcohol consumption. A fourth consideration dictates the focus on rape-rates rather than other violent crime rates. Several studies have discovered a tendency for relatively high alcohol consumption by both offenders and victims. Since rape victims are virtually all female, and at least some alcohol policy variables appear to have differential impacts on females and heavy-drinking males, an examination of policy impacts for rape-rates, unlike other types of violent crime, can suggest the nature of the alcohol-consumption–violence relationship. The empirical results support an “alcohol-increases-potential-victims-vulnerability” hypothesis. In the context of the economic theory of crime, this lowers the expected cost of rape to potential offenders and raises rape-rates. Tests for endogeneity of alcohol consumption and resulting simultaneous equation estimates reinforce this implication because they suggest that potential victims respond to relatively high rape-rates by reducing alcohol consumption.     

The Odyssey of the Regulatory State: From a “Thin” Monomorphic Concept to a “Thick” and Polymorphic Concept

This article assesses the “odyssey” of the regulatory state from a mere American thin and monomorphic concept to a global, thick and polymorphic concept that captures some of the more important features of the capitalist–democratic state. The burgeoning literature on the regulatory state presents a confusing number of images and characterizations that are increasingly conflicting, and it too often presents a monomorphic conception of the regulatory state. The article suggests that we need to define the regulatory state rather than merely characterizing it. And we need to do so in a manner that will allow us to move beyond the specific institutional features of a certain era, nation, region, or sector. Rather than contrasting regulation with distribution and redistribution, and contrasting the regulatory state with other forms of state, I treat the regulatory state as one morph of the polymorphic capitalist state, a morph that may help constitute other morphs (such as the welfare state and the developmental state) instead of replacing them. This in turn may help remove the artificial walls between the regulatory scholarly community and other social scientists, and promote more fruitful social science.     

On Logic in the Law: “Something,but not All”

Abstract. In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the “logical theology” of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of “axioms and corollaries”; and this element of truth is not obviated by the more powerful logical techniques that are now available.     

Drinking and driving: Detecting the “dark figure” of compliance

The “dark figure” of undetected alcohol-impaired driving in the United States is acknowledged to be very high. However, this “dark figure” may lead to premature pessimism about the prospects for deterrence unless there is a countervailing estimate of “the other dark figure”—the rate of compliance with the drinking-driving laws under conditions of negligible arrest risk. This was a feasibility study in the use of survey data (N = 1,401) to identify patterns of compliance on the last drinking occasion as a function of social roles as drivers and passengers. A small but statistically significant proportion of U.S. drivers took these steps to reduce alcohol-impaired driving: reduction of drinking before driving, allocation of the driving role to low volume drinkers, and relinquishment of the driving role to an alternate driver after heavy drinking. There was no evidence for the selective use of public transportation as a means for diverting heavy drinkers from alcohol-impaired driving.     

Correctional officer attitudes toward inmates and working with inmates in a “get tough” era

The past few decades have seen an ideological shift to a more punitive attitude in policy and practice toward crime and criminal offenders. This study examined the orientation of local correctional officers toward inmates and worked with inmates to ascertain whether their attitudes mirror this punitive inclination. Findings indicate that despite the more punitive sentiment among the public and policymakers, officers still do not express a punitive attitude toward inmates and generally support rehabilitation programs for inmates. The study also looked at the impact of several individual characteristic and work variables on officer attitudes. Results show work variables are more strongly associated with attitudes among correctional officers. The implications of this research for correctional management are discussed.     

Crime in Indian country: Another “trail of tears”

This article explores the status of crime among the American Indian population. Quantitative information regarding Indian offenses and arrest is presented and placed into the large spectrum of social problems afflicting Indian society. Some quantitative comparisons are made with a similar study conducted in 1964.Trend analyses were performed, and projections are provided relevant to total, adult, and juvenile Indian arrest; rates of arrest for Total, UCR Part I, and alcohol-related offenses are also given. Indian crime data are compared with those of other ethnic groups. The Indian propensity for arrests involving alcohol-related offenses is discussed in detail.The frequency of crimes on- and off-reservation is analyzed, particularly with respect to violent crimes; data are examined to determine the most frequent types of police contacts that Indian offenders experience.     

Herbert,Hercules and the Plural Society: A “Knot” in the Social Bond

“They are playing a game. They are playing at not playing a game. If I show them I see they are, I shall break the rules and they will punish me. I must play their game, of not seeing I see the game.”     

“What Are You Going to Do with the Village's Knowledge?” Talking Tradition,Talking Law in Hopi Tribal Court

Though the details of face-to-face talk and interaction have been studied in Anglo American and British courtrooms, few attempts have been made to extend similar analyses to the study of contemporary indigenous and (post)colonial legal institutions that continue to employ legal processes informed by both Anglo-style adversarial notions of law and "local" notions of law, culture, and tradition. Using methods of legal discourse analysis and language ideology studies, this article investigates how interlocutors in a hearing before the courts of the Hopi Indian Nation construct discourses of tradition and Anglo American jurisprudence in multiple and competing ways, and for significant sociopolitical effect. An argument is thus made for attending to the microdetails of sociolegal interactions as an important site for exploring the complex articulations between the contemporary lives of indigenous peoples and the laws with which they are imbricated.