Congressional Response to Mandate Elections

Elections from time to time are widely believed to carry a mandate, to express a message about changed policy preferences of the electorate. Whatever the accuracy of such beliefs—a matter about which we are skeptical—perceptions of a mandate should affect the behavior of actors in government. Politicians lack the scholarly luxury of waiting for careful analyses. They must act in the months following elections. We postulate that many will act as if the mandate perceptions were true, veering away from their normal voting patterns. This is driven by election results and interpretations that undermine old calculations about what voters want. As the flow of information gradually changes these perceptions, and the election becomes more distant, members of Congress return to their normal position. We first ask, how would members observe an emerging consensus of mandate? And then we model the duration of the change in behavior in an event‐history framework. That permits a depiction of important movements of the median member and, from this, inferences about policy impact.     

Nurturing regulatory compliance: Is procedural justice effective when people question the legitimacy of the law?

Procedural justice generally enhances an authority's legitimacy and encourages people to comply with an authority's decisions and rules. We argue, however, that previous research on procedural justice and legitimacy has examined legitimacy in a limited way by focusing solely on the perceived legitimacy of authorities and ignoring how people may perceive the legitimacy of the laws and rules they enforce. In addition, no research to date has examined how such perceptions of legitimacy may moderate the effect of procedural justice on compliance behavior. Using survey data collected across three different regulatory contexts – taxation (Study 1), social security (Study 2), and law enforcement (Study 3) – the findings suggest that one's perceptions of the legitimacy of the law moderates the effect of procedural justice on compliance behaviors; procedural justice is more important for shaping compliance behaviors when people question the legitimacy of the laws than when they accept them as legitimate. An explanation of these findings using a social distancing framework is offered, along with a discussion of the implications the findings have on enforcement.     

A Prospect Theory Analysis of California's Initiatives in Implementation of its Zero Emission Vehicles (ZEV) Mandate1

In 1990, the state of California passed the pioneering mandate on zero emission vehicles (ZEV). This technology‐forcing regulation is aimed at improvement of air quality and protection of public health from the adverse effects of air pollutants from automobiles. Facing severe opposition from the auto industry, the mandate has been revised a number of times, most recently in 2003, whereby the requirement for ZEVs have been made to align with the pace of technology development. Review of strategies used in implementation of the mandate has revealed greater emphasis on the economic incentives for rather than on environmental merits of ZEVs. Using prospect theory as the framework for analysis, the reasons have been explored. The findings of the study help us to understand how decisions are made with respect with to deviations from a mental anchor point and through the process of evaluation of losses and gains.     

Structure and Process: Examining the Interaction between Bureaucratic Organization and Analytical Requirements

Attempts by politicians to control bureaucratic decisions include both structural (how is the agency making the decision organized?) and procedural (what rules must they follow when making the decision?). But how do these two modes of influence interact? This article examines the interaction between bureaucratic structure and one procedural control, the requirement that agencies conduct an analysis of their decisions prior to their issuance. I look at this interaction in the context of two types of analysis, cost‐benefit analysis and environmental impact assessment. I interview 16 individuals in each field and draw from their experiences of conducting and reviewing more than a thousand analyses. The conduct of analysis is affected by where analysts are placed in agencies. In particular, independence of analysts has a trade‐off. The more independent analysts are, the more likely they can challenge preferred decisions in their agency. But independent analysts are brought into decisions later and their independence may limit their long‐term impacts on agency culture. Despite this trade‐off, analysts expressed a clear preference for independence. The interaction between different controls of bureaucratic behavior is a potentially fruitful line for further research.     

Magnetic law: Designing environmental enforcement laws to encourage us to go further

The European Union has some of the world's most ambitious and highly developed environmental laws on its books, but their effectiveness is severely compromised by non-compliance. With the UNECE Aarhus Convention (1998), Europe launched an innovative legal experiment, democratizing environmental enforcement by conferring third party citizens and environmental non-governmental organizations (ENGOs) with legal rights of access to environmental information, public participation, and access to justice in environmental matters. Based on some 2000 surveys and over 150 interviews with stakeholders from three Member States – France, Ireland, and the Netherlands – we adopt a holistic, 360° perspective, capturing the views of regulated parties, NGOs, and the general public on this private governance experiment. Our data provide important new insights into the practical effectiveness of Europe's laws enabling private environmental enforcement, its (intended and unintended) effects on farmers' compliance decisions in the vital area of nature conservation, and how law might be used to stimulate pro-environmental predispositions.     

PUBLIC OPINION REACTION TO REPEATED EVENTS: Citizen Response to Multiple Supreme Court Abortion Decisions

While numerous works explores how single events or political actions affect public opinion, almost no research explores how this effect evolves with repeated actions. The Conditional Response Model holds that while elite actors can influence and polarize the public when they first act on an issue, subsequent action will not have this same effect. We challenge this model based on its depiction of psychological models of attitude formation and change. Instead of focusing on the number of times an actor has addressed an issue, we argue that the state of public opinion is the key to determining how the public will react to multiple elite actions over a long timeframe. We examine how the public reacted to multiple Supreme Court decisions on abortion. Our results suggest that the Conditional Response Model does a poor job of depicting public opinion and that actors are not limited in their influence by the number of previous actions on an issue.     

Defining Environmental Justice Communities for Regulatory Enforcement: Implications from a Block‐Group‐Level Analysis of New York State

The absence of a clear definition of environmental justice areas has been cited as one of the U.S. Environmental Protection Agency's major deficiencies in managing federal environmental justice programs. Several states have explicitly defined potential environmental justice areas and integrated targeted efforts into the policy‐making process. At the block‐group level, this study evaluates the effects of New York State's environmental justice policy, which defines communities of concern in terms of demographic and socioeconomic characteristics as well as mandates supplemental regulatory enforcement activities for these neighborhoods, on the agency's policy implementation practices under the Clean Air Act and Clean Water Act. The empirical findings suggest that there is inconclusive evidence regarding race/ethnicity‐ and class‐based environmental inequity. Also, the state's policy intervention is not universally effective. Moreover, task environments of a given community are a consistent determinant of the agency's regulatory compliance monitoring and assurance activities. This study then derives broader implications regarding the adoption of a policy instrument that defines and screens potential environmental justice communities.     

Falling into the justice gap? Between duties of social and global justice

The literature on cosmopolitan justice has yet to address what principles to adopt when duties of global justice and duties of social justice are in conflict. In this paper, I address David Miller’s contention that some may fall into the justice gap since we need to prioritize duties of social justice in cases of conflict. I argue that Miller’s analysis depends on three stipulations: the incommensurability of the values underlying duties of social justice and those of global justice; the need to justify duties of justice to their holders; and the need to consider the necessary institutions to realize and implement justice obligations. I argue against the incommensurability clause by showing that both conceptions of justice pursue moral equality as the underlying and commensurate value. Instead, I propose that the currencies of justice we employ in the two contexts of justice are different. Discussing the justifiability clause I agree with the stipulation that we have to justify decisions that affect the realization of justice to those who have to carry the burden of realizing them. This implies, however, that we may have to accept that some prioritize duties of global justice over duties of social justice. If this is the case, it seems as though the state has little recourse to prioritize duties of social justice. Finally, discussing Miller’s institutional clause I ask why the justice relevant institutions can only be those of the state. It is plausible to say that in our current world, institutions of humanitarian aid are effective means to satisfy duties of global justice.     

Community Privilege and Environmental Justice: An Agent‐Based Analysis

Several theories compete to explain observed race‐ and ethnicity‐based environmental injustice in society. This paper focuses on analyzing the extent to which firms' siting decisions based on community privilege can explain this outcome. A unique feature of this analysis is that we include analysis of both unwanted land uses (disamenity firms) and desired land uses (amenity firms). The environmental justice analysis of amenities other than green spaces is rare, but amenities are crucial components of urban areas to which environmental justice studies must attend. We use an agent‐based model to explore community outcomes when environmental disamenities choose locations based on low community privilege, and compare this with scenarios in which disamenities only seek to minimize the cost of land. We also assess differences in environmental justice outcomes when amenities choose locations in areas with high community privilege. While disamenities' focus on locating in areas with low community privilege indeed affects environmental equity, the effect of amenity location is also important, and there are powerful interaction effects. The importance of privilege‐based location is found in these simulations regardless of which social group—majority or minority—is assumed to be the privileged group. This study suggests a limitation of EJ policies and models that focus on the politics of disamenity siting without considering the politics of amenity siting.     

Demographic change and the demand for environmental regulation

Environmental regulation in the United States has increased pollution abatement expenditure as a percentage of gross national product from 1.7 percent in 1972 to an estimated 2.6 percent in the year 2000. This rise in regulation has coincided with demographic and economic changes that include rising educational levels, a growing minority population, an aging population, and decreasing employment in polluting industries. This paper examines whether these trends have contributed to increasing aggregate demand for environmental regulation. New evidence on voting on environmental ballots in California, local government environmental expenditures across the United States, and 25 years of congressional voting on environmental issues is examined to document the demographic correlates of environmental support. Minorities and the more educated are more pro‐green, whereas manufacturing workers oppose environmental regulation. While demographics help explain observed differences in environmental support and thus can help predict long trends in the “average voter's” environmentalism, environmentalism varies substantially year to year unrelated to population demographics. © 2002 by the Association for Public Policy Analysis and Management.     

The long and the short of it: Electoral institutions and the dynamics of party system size, 1950–2005

While institutional theories of party system size are usually examined cross‐nationally, there is ample reason to expect that changes in electoral institutions will affect party system size within countries as well. Although some of this effect may occur immediately, most of the effects are likely to be realised over time and across subsequent elections. A series of error‐correction models examine the short‐ and long‐term effects of changes in electoral institutions on party system size. The results indicate that changes in electoral institutions do produce the expected effects on party system size, and that these effects occur mostly over the long term.     

The complications of controlling agency time discretion: FDA review deadlines and postmarket drug safety

Public agencies have discretion on the time domain, and politicians deploy numerous policy instruments to constrain it. Yet little is known about how administrative procedures that affect timing also affect the quality of agency decisions. We examine whether administrative deadlines shape decision timing and the observed quality of decisions. Using a unique and rich dataset of FDA drug approvals that allows us to examine decision timing and quality, we find that this administrative tool induces a piling of decisions before deadlines, and that these “just-before-deadline” approvals are linked with higher rates of postmarket safety problems (market withdrawals, severe safety warnings, safety alerts). Examination of data from FDA advisory committees suggests that the deadlines may impede quality by impairing late-stage deliberation and agency risk communication. Our results both support and challenge reigning theories about administrative procedures, suggesting they embody expected control-expertise trade-offs, but may also create unanticipated constituency losses.     

Mechanisms of Issue Congruence: The Democratic Party Mandate

Issue congruence between voters and parties can be achieved if voters and parties follow the party mandate model. A central requirement of this model is that parties fulfil their electoral mandate. This article studies collective party mandate fulfilment by comparing parties’ election manifestos with the parliamentary speeches of their politicians in two countries: a typical consensus democracy, the Netherlands, and a typical majoritarian democracy, the United Kingdom. The central question is whether a difference in collective mandate fulfilment exists between these two types of democracy. Contrary to previous findings, this study finds that such a difference does not exist, at least not with regard to the two countries analysed. This can be explained by the way in which the party mandate is conceptualised. The article also analyses the development of party mandate fulfilment over time and finds no evidence for the idea that collective mandate fulfilment is declining.     

The Limits and Possibilities of Volunteering: A Framework for Explaining the Scope of Volunteer Involvement in Public and Nonprofit Organizations

Despite popular rhetoric concerning the benefits of volunteerism for public and nonprofit organizations, the use and management of volunteers to assist in the delivery of services is uneven: some organizations rely heavily on volunteer labor for this purpose, while others circumscribe volunteer contributions or eschew volunteer involvement altogether. This article introduces eight dimensions of volunteer involvement—four involving organizational decisions and four regarding volunteers’ decisions—that make up the overall scope of volunteer involvement in an organization. Based on a review of the literature, the article presents a conceptual framework and several research propositions concerning how organizational characteristics, volunteer management, and environmental factors affect the overall scope of volunteer involvement in an organization.     

Public Sector Collaboration: Are We Doing It Well and Could We Do It Better?

Improving collaboration by public sector agencies is an important element of many public sector reforms. Common approaches include introducing responsibilities under legislation and policy decisions, the provision of information and guidance, and strengthening third‐party oversight. To identify how collaboration is being practised, this paper reviews evidence from over one hundred reports by Auditors‐General and Ombudsmen in Australia and New Zealand to identify key attributes of collaboration, and assesses these further by examining three reports in detail. It concludes that problems that have been known for many years continue to constrain public sector effectiveness. Although continuing existing approaches may assist in improving collaboration, the paper argues that there is a need to adopt more systematic approaches to organisational capacity for collaboration. It further identifies that changes in the external environment such as technology‐based innovation may demand rapid progress and change in relation to collaboration.     

The Effect of the 2014 Federal Housing Administration Loan Limit Reductions on Homeownership Decisions

ABSTRACT

Using data from the American Community Survey, this article assesses the effects of the 2014 Federal Housing Administration (FHA) loan limit reductions on homeownership decisions. Employing a difference-in-differences identification strategy, we find little evidence that the loan limit reductions caused an overall decline in homeownership rates. However, we do find that overall homeownership rates (as well as African American homeownership rates more specifically) increased in low-price parts of metropolitan statistical areas that experienced a loan limit reduction relative to high-price areas, suggesting that the lack of an overall effect may be because of changing decisions on where to own a home, not whether to own a home. This thesis is further supported by evidence of an increase in commuting times for residents in areas that experienced a limit reduction. Our findings contribute to the debate over how individuals respond and adapt their homeownership decisions to policy changes and credit constraints.     

Stakeholder involvement in collaborative regulatory processes: Using automated coding to track attendance and actions

Regulation increasingly mandates collaborative approaches to increase stakeholder input and streamline approval processes. However, understanding how to maintain stakeholder involvement over the course of a long collaborative process is vital to optimize effectiveness. This paper observes more than 700 stakeholders involved in developing and implementing a dam operating license over 16 years. We use text mining and Bayesian hierarchical modeling to observe meeting attendance and recorded actions in meeting minutes. We find that involvement decreased after the initial planning phase, but steadily increased through license development and implementation. After the regulatory mandate to consult with external stakeholders dissolved, overall attendance declined while attendance stability increased, meaning that the non‐mandatory stage involved a smaller cadre of dedicated actors. This indicates that high‐performing mandated stakeholder involvement processes rely on a constrained group of conveners to sustain interaction and have less turnover than what might be expected given existing evidence from grassroots involvement; assumptions about group dynamics based on involvement in grassroots processes may lead to improper predictions about who will participate, and how, in processes where stakeholder involvement is mandated.     

Exploring How Institutional Arrangements Shape Stakeholder Influence on Policy Decisions: A Comparative Analysis in the Energy Sector

In recent years, there has been an expansion of efforts to include stakeholders in administrative policy making. Despite significant potential to improve policy decisions, empirical evidence suggests that not all participatory processes provide meaningful opportunities for stakeholders to shape policy and may even give the most powerful stakeholder groups disproportionate influence over policy decisions. This article argues that the institutional arrangements for stakeholder engagement—the rules and norms that determine which stakeholders can participate and how—affect stakeholders’ influence on policy decisions. This article uses state energy efficiency policy making as a context in which to compare how different institutional arrangements shape the ways in which stakeholders engage in and influence the policy process across two states, Connecticut and Maryland. Findings highlight that institutional arrangements can be used to increase participation, mitigate undue influence of industrial stakeholders, and increase the influence of public interest stakeholder organizations.     

Preserving fairness: Williams against Cohen on just inequality

The view that the choices people make affect what it is fair for them to receive has widespread appeal. This very general thought has found particular and acute expression in the context of distributive justice in the form of the influential view that has become known as luck egalitarianism. In a surprising development, one of luck egalitarianism’s foremost advocates – G.A. Cohen – appeared, in one of his final papers, to reject the commitment to the fairness of chosen inequalities that defines luck egalitarianism. In opposition to the luck egalitarian view, Cohen suggests that choice merely deprives the disadvantaged of a complaint against being worse off, rather than rendering such inequality fair. Against Cohen’s revised view, Andrew Williams has argued that Cohen’s move underestimates an account of equality under which what individuals choose to do with their equal allocation affects what it is to treat them fairly. Here, I seek to show how the Williams response fails to undermine Cohen’s claims about the relation between fairness and choice. I draw on this analysis to show how the disagreement between Williams and Cohen on this issue illuminates a broader methodological divergence over how to approach questions of justice and fairness.