Pink‐Collar Representation and Budgetary Outcomes in US States

Legislatures worldwide are dominated by wealthy elites, who are often out of touch with the needs and problems of citizens. Research shows that the underrepresentation of the working class matters in terms of policy processes and outcomes. Yet the research on class has largely focused on blue‐collar representatives, who are primarily men. Working‐class women are more likely to hold pink‐collar jobs, or low‐status occupations dominated by women. We argue that pink‐collar legislators are uniquely positioned to legislate over education and social service policy. To test our argument, we combine a new coding of working‐class backgrounds that accounts for pink‐collar representation with state spending data on education and social services from US states over time. Modeling compositional budget data, we find that class and gender intersect to shape policy outcomes via state budget allocations, with women's pink‐collar representation associated with increased spending on both education and social services.     

Doubling Down: Inequality in Responsiveness and the Policy Preferences of Elected Officials

Is bias in responsiveness to constituents conditional on the policy preferences of elected officials? The scholarly conventional wisdom is that constituency groups who do not receive policy representation still obtain some level of responsiveness by legislators outside of the policy realm. In contrast, we present a theory of preference‐induced responsiveness bias where constituency responsiveness by legislators is associated with legislator policy preferences. Elected officials who favor laws that could disproportionately impact minority groups are also less likely to engage in nonpolicy responsiveness to minority groups. We conducted a field experiment in 28 US legislative chambers. Legislators were randomly assigned to receive messages from Latino and white constituents. If legislators supported voter identification laws, Latino constituents were less likely to receive constituency communications from their legislators. There are significant implications regarding fairness in the democratic process when elected officials fail to represent disadvantaged constituency groups in both policy and nonpolicy realms.     

Political representation in the networked society: the Americanisation of European systems of responsible party government?

The Internet provides a new technological opportunity structure for political representatives to communicate with constituents. Its potential for decentralised, interactive mass communication allows MPs to bypass intermediary organisations such as political parties and to establish a direct relationship with their constituents. Students of electronic democracy are divided over the political consequences of this technological change in telecommunications. While cyber-optimists envisage a transformation of responsible party government into a more direct, individualised type of political representation, cyber-sceptics adopt a more cautious approach and predict a reinforcement of established systems of political representation in the networked society. This article aims to develop a theoretical foundation as well as to carry out an empirical test of both positions. In the theoretical section, these two contradictory positions are modelled on the assumption that party government is a rationalistic concept. In the empirical section, both positions are tested in a statistical analysis of the use of personal websites in the German Bundestag, the Swedish Riksdag and the US House of Representatives.     

Modes of Political Representation: Toward a New Typology

The mandate‐independence controversy still features prominently in studies of political representation even though the problems with its theoretical foundation and empirical operationalization have long been recognized. This article proposes an alternative typology of modes of representation. By combining type of control (ex ante or ex post) with direction of the interactions (bottom‐up or top‐down), our study captures the most important aspects of the relationship between voters and representatives. We demonstrate how the typology can be used in a survey instrument by comparing the attitudes toward representation of Dutch members of Parliament with the attitudes held by voters, and by relating the views of the members to their behavior.     

Employee representation and board size in the Nordic countries

Several European countries have mandatory employee representation on company boards, but the consequences for corporate governance are debated. We use employee representation rules in the otherwise quite similar Nordic countries (Denmark, Finland, Norway, and Sweden) to elicit information on shareholder preferences for employee representation and board size. We find that shareholders tend to choose board structures that minimize the proportion of employee representatives. In Denmark and Norway employee representation depends on board size, and shareholders choose board sizes that minimize the number of employee representatives. However, many companies have more employee representatives than is mandatory. In Sweden, where the law mandates a fixed number of employee representatives (two or three depending on firm size), shareholders choose to have larger boards. In Finland, where employee representation is not mandatory, <1 % of companies choose to have it. Whatever, the merits of employee representation, shareholders appear to be mildly averse to it.     

The Nature and Determinants of Child Representation Practice in Child Welfare Cases

The representation of children in dependency cases is an emerging legal specialty. Although scholars have attempted to articulate the duties that should characterize best practices, there has been little, if any, research concerning what child representatives actually do in practice. Using a sample of 168 child representatives in Georgia and Washington State, this study examines the relative significance of various case‐related activities and how these vary as a function of case‐ and attorney‐level characteristics. Based on the findings, we conclude that attorney activities are influenced by a combination of case and attorney characteristics, suggesting several distinct avenues for improving legal representation for children in dependency cases.     

Does Racial Balance in Workforce Representation Yield Equal Justice? Race Relations of Sentencing in Federal Court Organizations*

Increasing racial and ethnic group representation in justice‐related occupations is considered a potential remedy to racial inequality in justice administration, including sentencing disparity. Studies to date yield little evidence of such an effect; however, research limitations may account for the mixed and limited evidence of the significance of justice workforce racial diversity. Specifically, few studies consider group‐level dynamics of race and representation, thus failing to contextualize racial group power relations in justice administration. To consider these contextual dynamics we combine court organizational and case‐level data from 89 federal districts and use hierarchical models to assess whether variably “representative” work groups relate to district‐level differences in sentencing. Using district‐specific indexes of population and work group dissimilarity to define representation, we find no relationships between black judge representation and sentencing in general across districts, but that districts with more black representation among prosecutors are significantly less likely to sentence defendants to terms of imprisonment. We also find in districts with increased black representation among prosecutors, and to a lesser degree among judges, that black defendants are less likely to be imprisoned and white defendants are more likely to be imprisoned, with the effect of narrowing black‐white disparities in sentencing. Consistent with the “power‐threat” perspective, and perhaps “implicit racial bias” research, findings encourage modeling diversity to account for relative racial group power in processes of social control and suggest that racial justice may be moderately advanced by equal representation among authorities.     

Private Representation in Washington: Surveying the Structure of Influence

Despite the significance of interest representation to theories of law and politics, the social organization of interest representation has not received systematic empirical analysis. Based on interviews with 776 individuals engaged in the representation of private interests concerning national policies on agriculture, energy, health, and labor, this article reports some findings concerning the social and political characteristics of representatives, the nature of their work and their relationships with client organizations. Three models of the social organization of interest representation are developed and examined: a model based on substantive expertise, an institutional targets model, and a client-based model. The findings indicate that representation is predominately organized around client interests Although lawyers constitute a significant and distinctive group among representatives, they are neither as numerous nor as active in policy making as is commonly assumed. The analysis suggests that representatives are not likely to exercise influence in the policy-making process that is autonomous from client organizations.     

Recognition of organizations and accreditation of representatives, attorneys, and agents--VA. Proposed rule

The Department of Veterans Affairs (VA) proposes to revise existing procedures and requirements regarding recognition of service organizations and accreditation of their representatives and agents, attorneys, and individuals seeking to represent claimants for benefits administered by VA. These amendments are necessary to improve clarity and to enhance VA's ability to assure high quality representation of claimants.     

FOSTERING CULTURALLY RESPONSIVE COURTS

This article focuses on how mediation services can be improved to better reflect the culture-based needs and expectations of Latino litigants. The research on which this article is based was conducted in a court-attached custody and visitation program in one U. S. community with a large Latino presence. The findings, recommendations, and conclusions are based on the problems, concerns, and general expectations of more recent arrivals to the United States – for the most part mono-lingual Spanish speaking. The study found that those Latino families have needs in resolving family disputes that differ from those of most Anglo families. The justice system needs to better understand the culture of Latino family life and the ways in which Latinos interact with governmental authority. The Latino families need education, direction and representation in dealing with governmental authority. The mediator can help both the justice system and the Latino family in meeting these needs.     

CUMULATIVE DISADVANTAGE: EXAMINING RACIAL AND ETHNIC DISPARITY IN PROSECUTION AND SENTENCING

Current research on criminal case processing typically examines a single decision‐making point, so drawing reliable conclusions about the impact that factors such as defendants’ race or ethnicity exert across successive stages of the justice system is difficult. Using data from the New York County District Attorney's Office that tracks 185,275 diverse criminal cases, this study assesses racial and ethnic disparity for multiple discretionary points of prosecution and sentencing. Findings from multivariate logistic regression analyses demonstrate that the effects of race and ethnicity vary by discretionary point and offense category. Black and Latino defendants were more likely than White defendants to be detained, to receive a custodial plea offer, and to be incarcerated—and they received especially punitive outcomes for person offenses—but were more likely to benefit from case dismissals. The findings for Asian defendants were less consistent but suggest they were the least likely to be detained, to receive custodial offers, and to be incarcerated. These findings are discussed in the context of contemporary theoretical perspectives on racial bias and cumulative disadvantage in the justice system.     

Delivering Justice in Indigenous Sentencing Courts: What This Means for Judicial Officers,Elders, Community Representatives,and Indigenous Court Workers

Indigenous sentencing courts are now an established form of innovative justice practice in most Australian jurisdictions. Whether such processes, which involve the participation of local community elders or representatives in sentencing an offender, provide a “better” form of justice is still up for debate. Recidivism analyses have yet to find that these courts are more likely to reduce reoffending than their mainstream counterparts. Some scholars argue that this is not the sole purpose of the courts and that other measures of “success” should be utilised when evaluating their performance. This article uses interviews with judicial officers, elders, community representatives, and Indigenous and non‐Indigenous court workers to explore what the courts are seeking to achieve and how that translates into a different form of doing justice.     

The effect of acculturation and immigration on the victimization and psychological distress link in a national sample of Latino women

Distinct bodies of research have examined the link between victimization and psychological distress and cultural variables and psychological health, but little is known about how cultural variables affect psychological distress among Latino victims. Substantial research has concluded that Latino women are more likely than non-Latino women to experience trauma-related symptoms following victimization. In addition, examination of different types of cultural adaptation has found results supporting the idea that maintaining ties with one's culture of origin may be protective against negative mental health outcomes. The present study evaluates the effect of victimization, immigrant status, and both Anglo and Latino orientation on psychological distress in a national sample of Latino women. Results indicate that along with the total count of victimization experiences, Anglo and/or Latino orientation were strong predictors of all forms of psychological distress. Anglo orientation also functioned as a moderator between victimization and psychological distress measures for anger, dissociation, and anxiety. The results suggest a more nuanced and complex interaction between cultural factors, victimization, and psychological distress.     

Legal mobilization in schools: the paradox of rights and race among youth

In this article, we analyze ethnoracial patterns in youth perceptions and responses to rights violations and advance a new model of legal mobilization that includes formal, quasi-, and extralegal action. Slightly more than half of the 5,461 students in our sample reported past rights violations involving discrimination, harassment, freedom of expression/assembly, and due process violations in disciplinary procedures. Students, regardless of race, are more likely to take extralegal than formal legal actions in response to perceived rights violations. Self-identified African American and Latino/a students are significantly more likely than white and Asian American students to perceive rights violations and are more likely to claim they would take formal legal action in response to hypothetical rights violations. However, when they perceive rights violations, African American and Asian American students are no more likely than whites to take formal legal action and Latino/a students are less likely than whites to take formal legal action. We draw on in-depth interviews with youth and adults—which we interlace with our quantitative findings—to explore the interpretive dynamics underlying these survey findings, and we offer several theoretical and methodological implications of our work.     

Surrogate decision-making for incompetent elderly patients: the role of informal representatives

Informal or unofficial representation refers to the practice (more common in some European jurisdictions than in others), that persons not designed by a court or by the patient himself, make medical decisions on the patient's behalf in case of their incompetence. If the law provides for this, it is usually next of kin (spouse, children, brothers and sisters, etc.) who are allowed to act in such a capacity. Informal representation raises several questions. Are family members always familiar with what their relative would have wished, ready to take responsibility, and not too much reigned by their emotions? The basic legal concern is whether there are sufficient procedural and other safeguards to protect the incompetent patient from representatives who do not serve their best interests. In addressing these issues, after a brief survey of the law in the Netherlands as compared with that in Belgium, Germany and England/Wales, we will argue that informal representation as such is not at variance with international and European standards. However, an 'informal' approach to surrogate decision-making should always go together with sufficient protection of the incompetent patient, including procedural safeguards with regard to the decision that the patient is incompetent, limits to the decision-making power of informal representatives and effective forms of conflict resolution.     

Settlement probability asymmetries in the Swedish Labour Court

This paper focuses on settlement probabilities for different types of representation within the Swedish Labour Court. Empirical estimates on a set of cases concerned with unjust dismissals show that private representatives are generally less likely to reach a settlement than their union counterparts. The settlement probabilities converge following court-mandated information disclosure, which suggests that information asymmetry is an important factor in explaining differences in settlement behaviour and that private negotiations are not sufficient in general.