The Effect of Mandatory Seat Belt Laws on Seat Belt Use by Socioeconomic Position

We investigated the differential effect of mandatory seat belt laws on seat belt use among socioeconomic subgroups. We identified the differential effect of legislation across higher versus lower education individuals using a difference‐in‐differences model based on state variations in the timing of the passage of laws. We find strong effects of mandatory seat belt laws for all education groups, but the effect is stronger for those with fewer years of education. In addition, we find that the differential effect by education is larger for mandatory seat belt laws with primary rather than secondary enforcement. Our results imply that existing socioeconomic differences in seat belt use would be further mitigated if all states upgraded to primary enforcement.     

THE EFFECTIVENESS OF CHILD SAFETY SEAT LAWS IN THE FIFTY STATES

This study evaluates the effectiveness of state child safety seat laws in the United States. Data for all fifty states for the period 1975 to 1994 are used. Pooled time series analysis is employed to estimate a model of the rate of fatalities suffered by children ages 0–5 years as occupants in automobile crashes. The occupant fatality rate for children 6–11 years of age is used as a comparison group to control for other trends not introduced in the estimated models. The results show that child safety seat policies have significantly reduced fatality rates among children 0–5 years of age. For each additional year of age covered by a state statute, this fatality rate drops 4.8%. A similar reduction in the fatality rate of the older age cohort (6–11 years old) was not observed.     

Evaluation of automobile safety regulations: The case of compulsory seat belt legislation in Australia

A basic tenet of the new conservatism in political economy is that government policies frequently lead to unintended consequences which may offset the benefits of the policy. Auto safety legislation may be a case in point. As the first country to make the wearing of seat belts compulsory, Australia is highly suitable as a case study. Traffic accident casualties were regressed on six independent variables for the pre-seat belt period 1949–71. The equations were then used to predict casualties for the period 1972–77, using the actual values of the independent variables. In the aggregate, predicted occupant casualties were higher than the actual rates, whereas non-occupant casualties were underpredicted by the equations. An additional test, using a dummy variable to predict the effect of seat belts, supported these conclusions. The results are consistent with the hypothesis that drivers respond to a reduction in risk by increasing driving intensity, shifting some of the welfare cost of auto safety legislation on to non-occupants, whose casualty rates are higher than they would have been in the absence of seat belt legislation.I am grateful to Chris Adam and to an anonymous reviewer for helpful comments and suggestions.     

Law Enforcement Lessons Learned from Hurricane Katrina

Major disasters represent infrequent events that often require response organizations to vicariously learn from the experiences of others in order to improve their operations. A primary mechanism for such knowledge diffusion is the different practitioner and empirical journals for the organizational fields that comprise disaster response. A review of the literature for the law enforcement field, however, reveals that little attention is given to how these organizations manage actual disasters. In particular, the presentation of organizational experiences, whether through case studies or other methodologies, is very limited in the practitioner and empirical literature of this field. This represents a considerable problem for improvements of disaster response operations given that law enforcement agencies represent a key component in such efforts. The research presented in this article is an effort to fill this knowledge gap and thereby facilitate organizational learning to improve future law enforcement disaster response activities. The authors traveled to Mississippi and Louisiana after Hurricane Katrina to examine the response efforts of state and local law enforcement agencies to the storm. The findings from this research are reported here in a lessons‐learned format to inform law enforcement disaster response policy.     

我国执法权配置的法律实证分析

执法权是国家权力体系中最活跃、最重要的一项权力,其行使的得当与否与每个公民的切身利益息息相关。然而,从目前的情况看,我国执法权的行使还存在着令人忧虑的问题:一方面执法权交叉重叠;另一方面执法权又行使不力。造成这一结果的直接原因是我国的法律制度在执法权配置上存在漏洞,即现行立法过多迁就旧的行政管理体制,过于强调部门的利益,执法权被支解,执法主体过多过滥;同时现行法律制度过于注重对执法行为的约束,忽略执法权的科学配置。这些问题都有待于在我国的立法过程中逐步得到解决,即加强与完善我国各级政府的组织立法,规范各级执法权。     

The Distributive Politics of Enforcement

Why do some politicians tolerate the violation of the law? In contexts where the poor are the primary violators of property laws, I argue that the answer lies in the electoral costs of enforcement: Enforcement can decrease support from poor voters even while it generates support among nonpoor voters. Using an original data set on unlicensed street vending and enforcement operations at the subcity district level in three Latin American capital cities, I show that the combination of voter demographics and electoral rules explains enforcement. Supported by qualitative interviews, these findings suggest how the intentional nonenforcement of law, or forbearance, can be an electoral strategy. Dominant theories based on state capacity poorly explain the results.     

The New Federalism Game: Primacy Implementation of Environmental Policy

Federal environmental laws have substantially preempted statepowers over pollution control. Many of these laws contain aunique implementation scheme called "primacy," which offersa state the opportunity to become the primary enforcement agentfor federal policies. Primacy relieves the federal governmentfrom enforcing laws within state boundaries even while it retainsultimate control over the policies involved and sets minimumstandards. By and large, states have chosen to accept primacy.Characteristics of the units involved in the implementationprocess explain much of this success. Deviations from the expectedpatterns reveal how states can manipulate primacy to their ownadvantage. It is possible, however, that game playing by thestates under primacy could undermine the ultimate goals of nationalenvironmental policies.     

THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 IN OKLAHOMA: STATE AND FEDERAL COHABITATION

The enforcement of the SMCRA in Oklahoma has led to improvements and transformations in the coal industry, state and federal regulatory agencies and the public. The catalyst for these changes was the federal takeover of inspection and enforcement of the SMCRA in Oklahoma with the state carrying on all other mining regulatory activities from 1984 through 1987. This pattern of cohabitation differed from that in Tennessee where OSM took over all enforcement of the SMCRA or that in states that enter into cooperative agreements to provide state regulation of coal mining on federal lands within the state. Cohabitation in Oklahoma produced a new, more positive attitude toward cooperative federalism by both federal and state regulatory bodies that might serve as a model for other states with OSM maintaining state agency support for policy objectives while allowing the state reasonable decisional discretion.     

执法权若干理论问题探究--兼对当前广义执法概念的质疑

执法权是任何国家最基本、最具活力的一项权力,它在国家权力配置过程中有着举足轻重的作用;同时,执法权科学配置与否直接与国家的兴衰、国家的法治建设水平息息相关.在我国,关于执法权的法律特性、执法权的产生与发展演变、执法权的不同设置模式等重要理论问题急需从法理学的视角进行深入探讨,以便为当前的政治体制改革,尤其是执法体制改革提供理论参考.     

中国反垄断执法机构评析

我国反垄断法建立了中国反垄断执法程序制度的基本框架，但反垄断执法机构存在多头执法、交叉执法等诸多缺陷，而执法机制的有效性是反垄断法有效实施的重要保障。本文对中国反垄断执法机构的现状进行了评析，并结合我国反垄断执法的实践以及外国经验的比较借鉴等因素，通过提高反垄断执法机构的权威性和独立性，增强《反垄断法》的操作性，建立多机构执法的协调机制，健全执法人员任命机制，完善当事人的救济权等途径，以期建立符合中国国情、保证反垄断法有效实施的执法体制。     

Community,Authorities, and Support for Vigilantism: Experimental Evidence

Vigilante justice challenges the state’s monopoly over the use of violence and as such has come to the attention of a growing body of political scholars. However, still little is known about the circumstances that foster support for citizens circumventing the state to confront crime directly. I argue that citizens’ perceptions of a trusting community, on the one hand, and an untrustworthy law enforcement, on the other, jointly influence their support for this kind of behavior. I test these hypotheses using a lab-in-the-field experiment in Mexico, a case in which the expansion of vigilante organizations has posed a serious challenge to the state. I find that participants are more supportive of a vigilante action when those considering said action are described to be inserted within a trustworthy community. Furthermore, I find that this effect is moderated by the described trustworthiness of law enforcement. These results contribute to our understanding of the emergence of vigilantism, and how trust in authorities can moderate the normative expression of social capital.     

Tax enforcement: A public choice perspective

Federal income tax inforcement varies greatly across individual states. While it is not known if this interstate variation enhances efficiency, anecdotal evidence suggests it does not. In this paper we apply the Weingast/Moran model to the treasury and explore the relationship between the legislature and the IRS. Specifically, we model IRS audit rates by state as a function of both political and efficiency considerations. We find that the interstate differences in enforcement is influenced by efficiency considerations but also the IRS shifts enforcement away from states represented by legislators who sit on committees with oversight responsibility for the IRS.     

STATE IMPLEMENTATION OF THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977

The implementation of the Surface Mining Control and Reclamation Act (SMCRA) of 1977 in coal producing states is guided by a partial preemption policy approach t h a t establishes a balance between federal and state decision-making authority. The usefulness of this approach is assessed by analyzing state enforcement actions in relation the institutional capacity of states to shoulder regulatory responsibilities and the propensity of the federal Office of Surface Mining (OSM) t o oversee state enforcement actions and, if necessary, to undertake corrective action. Our results indicated that state administration of SMCRA was canstrained by the lack of effective federal oversight but was largely unaffected by interstate differences in political, economic, or administrative characteristics.     

Inequities in enforcement? Environmental justice and government performance

This paper examines whether state governments perform systematically less environmental enforcement of facilities in communities with higher minority and low‐income populations. Although this is an important claim made by environmental justice advocates, it has received little attention in the scholarly literature. Specifically, I analyze state regulatory enforcement of three U.S. pollution control laws—the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act—over the period 1985–2000. To test for disparities in enforcement, I estimate a series of count models and find strong evidence across each of the three environmental laws that states perform less enforcement in poor counties, but little evidence of race‐based inequities. © 2009 by the Association for Public Policy Analysis and Management.     

AT ARM'S LENGTH WITH DIRTY HANDS: TAXING THE AUSTRALIAN PUNTER

Abstract: Taxes on betting are a major source of revenue for Australian state governments. Specific taxes on the racing industry date from 1915. However, the revenue potential has only been tapped in all the states since the legalisation in the past 30 years of off-course betting through the state-run totalisator (TAB). The introduction of the TAB followed a long period when various states adopted different policies towards off-course betting, ranging from legalisation of bookmakers' betting shops to attempts at complete suppression. In tracing the history of these policies, the focus is on "implementation failure", or the many administrative pitfalls and obstacles that were experienced. These include insurmountable tax evasion by bookmakers, regulatory capture of betting boards by bookmakers and corruption of the law enforcement agencies. State governments also had to accommodate a range of conflicting interests, including the interests of the racing industry itself and the demands of the anti-gambling lobby. The TAB is shown to be a happy and convenient resolution of most, but not all, of these administrative and political dilemmas.     

Regulatory Competition and Environmental Enforcement: Is There a Race to the Bottom?

This article examines several of the key hypotheses suggested by the race to the bottom theory in environmental regulation. The research studies annual state-level enforcement of federal air, water, and hazardous waste pollution control regulation, covering the period from 1985 to 2000. Specifically, the study estimates a series of strategic interaction models to examine whether a state's environmental regulatory behavior is influenced by the regulatory behavior of the states with which it competes for economic investment. While there is clear evidence of strategic interaction in state environmental regulatory behavior, states do not respond in the asymmetric manner suggested by the race to the bottom theory.     

Taking the Keys from Grandpa

Recent highly publicized traffic accidents involving older drivers have led to renewed interest in state policies and administrative practices that award and renew drivers’ licenses in the American states. Because the probability of traffic accidents is linked to the medical conditions that are more prevalent among the elderly, and because the number of older drivers is expected to rise over the next several decades, one might expect that this will be an increasingly important policy issue. This article discusses variations that are observed across states in law and administrative practice. A longitudinal analysis of data on crashes involving elderly drivers in fifteen states indicates that crash rates are directly related to the length of the renewal cycle for older drivers and inversely related to the stringency of testing at renewal. It is also likely that states requiring physicians to report conditions that would impair driving will experience lower crash rates. A secondary analysis of policy impacts on the licensing rates is not conclusive, a finding that is attributable to inaccuracies in the reported numbers of licensed drivers.     

Enforcing Social Europe through Labour Inspectorates: Changes in Capacity and Cooperation across Europe

Despite its central importance for the implementation of EU social policy, the issue of member state enforcement of European regulations has attracted little academic attention. This paper analyses changes in national enforcement systems and horizontal cooperation between them by comparing labour inspectorates in the EU-15 member states over time (2000 versus 2010). Starting from the assumption that, as administrations, enforcement systems are strongholds of national sovereignty, it is argued that member states’ interest in creating a level playing field and in enabling free movement in accordance with the ‘four freedoms’ should nevertheless bring about change. The results show insufficient enforcement capacity overall, but also that important changes have taken place regarding the coordination, steering and pressure capacity of national labour inspectorates, and also regarding cooperation amongst them. This points to the emergence of horizontal cooperation as a distinct feature of the European Administrative Space.     

The U.S. Supreme Court's Federalism Jurisprudence: Alden v. Maine and the Enhancement of State Sovereignty

In recent years, the U.S. Supreme Court's federalism jurisprudencehas shielded states from certain aspects of Congress's policymakingand enforcement authority. Through its interpretations of theinterstate commerce clause and of the Tenth and Eleventh Amendments,the Court has reminded Congress that its power to govern haslimits. This article presents the major federalism cases ofthe 1990s, focusing on Alden v. Maine, the most important federalismdecision of the 1998–1999 term. It concludes that theCourt's interpretation of the Eleventh Amendment and the sovereign-immunitydoctrine, which has constrained the federal government's powerto authorize private suits against states for violations offederal law, poses a threat to a fundamental principle of therule of law: "where there is a right, there is a remedy."