The war on solicitation and intersectional subjection: quality-of-life policing as a tool to control transgender populations

Abstract

The selective enforcement of solicitation laws on transgender individuals—often referred to as “walking while trans”—has an especially pernicious effect on transgender people of color, immigrants, and the poor. Intersectional subjection—the interaction between multiple categories of identity and diffuse power and sources of authority within contemporary American society—facilitates processes of governmentality and makes some transgender individuals more vulnerable to forms of social control such as trans-profiling. Using intersectional subjection to analyze the selective enforcement of solicitation laws exposes how trans-profiling (1) works to marginalize and remove transgender people of color and transgender immigrants from public spaces; and (2) enforces raced and classed gender norms and reifies white cis-heteronormative privilege. The concepts of intersectionality, subjection, and governmentality elucidate the mutually constitutive relationships among informal and formal actors and institutions in sanctioning the profiling of individuals for “walking while trans” as a tool for mitigating the threat transgender people of color and trans-immigrants pose to dominant power structures and narratives.     

Party Sub-Brands and American Party Factions

Scholars and pundits have long noted the dominance of the American two-party system, but we know relatively little about new, endogenous institutions that have emerged within the two major parties. I argue that ideological factions provide party sub-brands, which allow legislators to more precisely define their partisan type and capture faction-specific resources. To support this claim, I analyze new data on nine ideological factions in the House of Representatives (1995–2018). I find that (1) faction voting is distinct, suggesting a product ripe for party sub-branding, and (2) joining a faction changes the ideological composition of a candidate's donor base—conditional on the strength of the faction's institutions. Party sub-branding is effective only when factions possess organizational features that induce coordinated and disciplined position taking (e.g., whips, PACs, membership restrictions). These results suggest that, even within highly polarized parties, American political ideology is more than a dichotomous choice, and factions target niche markets of political donors as a means of blunting financial instruments of party power.     

Committees and the core of the Constitution

An ongoing debate in the formal theory of legislatures involves the question of why these institutions (apparently) manifest so much stability. That is, why do the institutions not continually upset policies adopted only a short time before? A large number of answers have been advanced. This paper proposes that the stability derives from the interaction of two factors, (i) the fundamental constitutional rules (bicameralism, executive veto, and veto override) that structure the legislative process, and (ii) the committee systems endowed with veto powers that many American legislatures have developed. This interaction, we argue, can create a core — a set of undominated points — so large that even a substantial change in the legislature's members (reflecting electoral outcomes, for example) will be unlikely to shift its location enough for the status quo to be upset.     

Formal and Informal Institutions Under Codecision: Continuous Constitution-Building in Europe

Current approaches examining the effect of institutions on policy processes have difficulty in explaining the results of the legislative process of codecision between the European Parliament and Council within the European Union. The formal Treaty changes that gave rise to codecision have, in turn, given rise to a plethora of informal institutions, in a process that is difficult to understand using dominant modes of analysis. This article provides a framework for analyzing the relationship between formal and informal institutions, showing how the two may be recursively related. Formal institutional change at a particular moment in time may give rise to informal institutions, which may, in turn, affect the negotiation of future formal institutions. The article applies this framework to the codecision process, showing how the codecision procedure has led to the creation of informal institutions and modes of decision-making, which have affected subsequent Treaty negotiations. Through strategic use of the relationship between formal and informal institutions, the European Parliament has been successful in advancing its interests over time and increasing its role in the legislative process.     

Resilience in Public Administration: The Work of Elinor and Vincent Ostrom from a Public Administration Perspective

This essay examines the remarkable careers of Elinor and Vincent Ostrom, exploring polycentricity and human management of common property resources from the “no‐name fields” of public administration in the late 1950s, through the metropolitan public service industries and public choice approach to democratic administration in the 1960s and 1970s and the institutional analysis of common pool resource management of the 1980s and 1990s. It continues with the diagnosis of the self‐governing capabilities of socio‐ecological systems in the 2000s. Many continuities underlie focal shifts in attention. Their work will be related to developments in the public administration field along with illustrations of their pioneer example for public administration on research as a collaborative enterprise. The 2009 Nobel Laureate in economics, Elinor Ostrom has been working from an academic background and intellectual tradition that, particularly through her long‐term collaboration with Vincent Ostrom, is strongly rooted in the classical and prevailing institutional concerns that may be seen as core to public administration as an academic field of education and research.

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The (Il)logics of Federal Budgeting,and Why Crisis Must Come

The U.S. federal budgeting system faces severe challenges in coming years. Deficits are being recorded at levels and with regularity not seen in prior periods. This article suggests that such problems reflect the uncomfortable mix of logics informing budgetary and political institutions—that is, the rules of the game. Logics make it appropriate to expect that government be limited in its tax demands but simultaneously responsive in providing expensive services necessary for the achievement of the American dream, for example. Crisis is needed to allow the emergence of institutional forms that mediate between these conflicting logics.     

Clarity of responsibility: How government cohesion conditions performance voting

Recent literature has shown that the long established link between economic performance and electoral outcomes is conditioned by a country's institutions and government, what is often termed ‘clarity of responsibility’. In this article two distinct dimensions of the clarity of the political context are identified: institutional and government clarity. The first captures the formal dispersion of government power, both horizontally and vertically. The second captures the cohesion of the incumbent government. Analysing survey data from 27 European countries, it is shown that voters' ability to hold governments to account, for both the economy and management of public services, is primarily influenced by the extent to which there is an identifiable and cohesive incumbent, whereas formal institutional rules have no direct impact on performance voting.     

Back to Stormont: The New Decade,New Approach Agreement and What it Means for Northern Ireland

The decision of the Democratic Unionist Party and Sinn Féin to once again share power in Northern Ireland has ended a three-year hiatus in the region’s devolved government. The deal which resurrects the devolved institutions—New Decade, New Approach—is not short of ambition. It introduces significant institutional reforms which place the institutions on a more sustainable footing and limit the potential for abuse of the Assembly’s infamous Petition of Concern. Nettles have been grasped on issues to do with language, culture, and identity that have long vexed political parties in Northern Ireland. Tucked away in the deal’s appendices are commitments to implement outstanding pledges made in previous agreements, plus ambitious plans for the new Northern Ireland Executive. However, as parties in the region were quick to discover, aspects of this deal are easier said than done. This article considers what New Decade, New Approach promises and, if fully implemented, what its implications are for politics and governance in Northern Ireland.     

International relations in China and Europe: the case for interregional dialogue in a hegemonic discipline

Abstract

The international relations (IR) discipline is known as an ‘American Social Science’ dominated by scholars and theories from the US core. This paper compares IR in two noncore settings, China and Europe. It shows that there is a growing institutional and intellectual integration into global Anglophone, mostly American, IR in both Europe and China. Both Chinese and European IR communities have established top Anglophone journals like the European Journal of International Relations and the Chinese Journal of International Politics to spearhead their integration into mainstream Anglophone IR and carve out a space for regional thinking. Yet, the analysis of their publication and citation patterns shows that IR outside the American core communicates through a hub-and-spokes system where there is always a connection to the American core but rarely very strong linkages to other peripheral regions. The two journals studied thus function as outlets for ‘local’ and American scholars, rely on ‘local’ and American sources, and there is very little integration and exchange between Chinese and European IR. Chinese and European IR would benefit from such a dialogue, especially regarding ‘schools’ of IR at the margins of an ‘American social science’.     

The Institutional Basis of Intercommunal Order: Evidence from Indonesia's Democratic Transition

When authoritarian regimes break down, why does communal violence spike and why are some locations more prone to violence than others? To understand violence during transitions, it is necessary to understand what sustains order when regimes are stable. While existing theories attribute order to formal or informal security institutions on their own, I argue that intercommunal order obtains when formal and informal security institutions are aligned. During authoritarian breakdowns, the state's coercive grip loosens, exposing mismatches between formal and informal institutions and raising the risk of communal violence. Formal‐informal mismatches emerge in communities accustomed to heavy state intervention since they will have developed more state‐dependent informal security institutions. I apply an instrumental variables approach on a nationwide dataset of village‐level data to show that prior exposure to military intervention, proxied by the distance to security outposts, led to Indonesia's spike in violence during its recent democratic transition.     

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.     

The fable of policy entrepreneurship? Understanding policy change as an ontological problem with critical realism and institutional theory

How is policy change possible if policy entrepreneurs’ cognition, rationality and identity are conditioned by the very policy institutions they wish to change? To solve this paradox of embedded agency, we must avoid either voluntarism that inflates the role of actors to change policies as by existing policy entrepreneurship applications, or determinism whereby policy changes are decided by contextual forces. Instead, drawing on institutional theory, critical realism sees structures, institutions, and actions that constitute policy dynamics as existing in separate yet intertwined reality domains: structures (e.g., social relationships), and institutions (e.g., formal rules and norms such as institutional logics) in the Real domain, enable and constrain policy actors’ navigation of their social environments; the Actual domain represents the level at which events (actions) happen, as these actors constantly interpret varied institutions to adjust their structurally embedded actions when pursuing policy changes that can be observed in the Empirical domain. Put differently, structures and institutions are mechanisms in the Real domain that affect individual practices and events in the Actual domain, and only some of these events are realized in the Empirical domain as policy changes. We empirically illustrate this critical realist approach with a Chinese example on health care reform.

     

Executive Orders and Administrative Control

One of the key recommendations of the Winter Commission was the empowerment of governors over the executive branch. However, key institutions have not evolved in this direction; the long ballot still exists in most states, and the formal powers of governors have strengthened to their probable capacity. The authors suggest that a quasi‐formal power—the gubernatorial use of executive orders—may be a significant tool for empowering the governor in the state administrative realm. Analyzing all executive orders in 49 states for 2004 and 2005, they find variation in the aggregate use of and functions performed through these orders. Many executive orders do allow the government more direction and control of state bureaucracy. Finally, the authors suggest that the study of executive orders may be necessary to understand gubernatorial power in the executive arena and beyond.     

Parallel Systems and Human Resource Management in India's Public Health Services: A View from the Front Lines

There is building evidence in India that the delivery of health services suffers both from an actual shortfall in trained health professionals and from unsatisfactory results of existing service providers working in the public and private sectors. This study focuses on the public sector and examines de facto institutional and governance arrangements that may give rise to well‐documented provider behaviors such as absenteeism that can adversely affect service delivery processes and outcomes. We analyze four human resource management (HRM) subsystems: postings, transfers, promotions and disciplinary practices from the perspective of front‐line workers—physicians working in rural healthcare facilities operated by two state governments. We sampled physicians in one “post‐reform” state that has instituted HRM reforms and one “pre‐reform” state that has not. The findings are based on both quantitative and qualitative measurements. The results show that formal rules are undermined by a parallel modus operandi in which desirable posts are often determined by political connections and side payments. The evidence suggests an institutional environment in which formal rules of accountability are trumped by a parallel set of accountabilities. These systems appear so entrenched that reforms have borne no significant effect. Copyright © 2015 John Wiley & Sons, Ltd.     

Legacy of the Housing Act of 1949: The Past,Present, and Future of Federal Housing and Urban Policy

Abstract

This article summarizes a special issue of Housing Policy Debate, which commemorates the 50th anniversary of the Housing Act of 1949. The act is best remembered for its declaration that every American deserves a “decent home and a suitable living environment.” The articles in this collection offer varying perspectives on how this act helped shape the postwar metropolis. The authors—urban planners, historians, and public officials—each consider a different part of the legacy.

The first three articles deal primarily with the act's creation and social and political ramifications, while the next three look at how Titles I, II, and III have influenced the past 50 years of housing and urban policy. The record of the Housing Act of 1949 is mixed, and so are its lessons. There remains an ongoing struggle to find the right mix of housing support to reach the goals first expressed in this landmark legislation.     

Revenue Diversification in Public Higher Education: Comparing the University and Polytechnic Sectors

Financial stringency has been an increasing concern in the higher education sector, especially in the aftermath of the financial crisis. As a result, public higher education institutions have been under increasing pressure to diversify their funding sources through tuition fees and other nonpublic revenues. This article reflects on the institutional impact of those changes by analyzing a panel of 30 higher education institutions from the Portuguese public university and polytechnic sectors for the period between 2003 and 2009. The authors explore the relevance of institutional characteristics such as enrollments in undergraduate and postgraduate programs, the qualifications of academic staff, and the regional environment where institutions are located. Results suggest that certain institutional characteristics related to mission differentiation and the path of development of binary systems are important determinants of higher education institutions’ ability to earn income from tuition fees and other nonpublic sources.     

Prologue: the riddle of race

ABSTRACT

Bernard explores the myth of racelessness as it is currently circulating in American social discourse. The election of the first black American president has unleashed the term across the cultural landscape, from the mainstream media to the classrooms in which she teaches African American literature. Students use the term as a twenty-first-century incarnation of the civil rights-era concept of colour blindness. But racelessness does not represent an aspiration for equality as much as it represents an ambition to turn away from the realities of difference. It is code for a common ambition to avoid the realities of institutional racial inequalities, as well as personal experiences of cultural difference. The myth of racelessness intersects uncomfortably with current academic discourse that promotes the view of race as a social construction. Scientifically proven and irrefutably true, this discourse does not allow any room for the social experience of race and racial difference as it is lived by everyone every day, whether we like it or not. The election of President Barack Obama is a portal on to this current confusion about the concept of race, specifically, and blackness, in particular. Many pundits have speculated that Obama would not have been electable if he had had dark skin, if he were irrefutably black, in colour and culture. The fact that he himself has elected to call himself ‘black’ serves as the platform of Bernard's essay on the case of race in the United States.     

Public enterprise reform: Managerial autonomy,accountability and performance contracts

The underlying assumption in this paper is that autonomy and accountability are both fundamental prerequisites for the effective functioning of state-owned enterprises. The paper first examines the traditional, dichotomous approach to the autonomy-accountability conundrum. This approach posits the relationship as process oriented, pervasive, quantitative and based on a priori controls. A more recent view of control and accountability as a posteriori, qualitative, strategic, results-oriented and non-zero sum is then briefly analysed. The paper presents a review of the theory and practice of performance contracts (PC) as tools to implement the latter approach. Three basic models of PCs—Senegal's contrat plan, Pakistan's signalling system and India's memorandum of understanding—have been analysed, comparing the negotiating process, major players, substantive elements and results. The contrat plan is more of a legal document, at least in formal terms, than the other two. None of the three models, however, provides any sanctions in case of a violation of the contract by the governments. Although the Indian and Pakistani PCs appeared to be more successful than the Senegalese contracts, the relationship between financial performance and performance contracts remains far from conclusive. In all the three countries, the contracts have failed to provide a single window through which government-enterprise interface can be effectively managed. Thus the problem of multiple principals and single agents remains unresolved.     

The (im)plausibility of racism in Europe: policy frameworks on discrimination and integration

ABSTRACT

Rodríguez Maeso and Araújo analyse the reproduction of a dominant understanding of racism in policy discourses of integration and discrimination used by monitoring agencies in Portuguese and European Union (EU) institutional contexts. More specifically, they question the political concern over racism and discrimination vis-à-vis the idea of Europe ‘becoming increasingly diverse’ and the need to gather ‘evidence’ of discrimination. To that end, they examine periodic reports issued by EU monitoring agencies since the 1990s—paying specific attention to reporting on school segregation of Roma pupils in Portugal—and national integration policies and initiatives that, since the 2000s, have targeted mainly Roma and black families and youth. They argue that the dominant discourse of integration and cultural diversity conceives of racism as external to European political culture, and as a ‘factor’ of the ‘conflictive nature’ of social interactions in ethnoracially heterogeneous settings. This paves the way for calls for the ‘strengthening of social cohesion’—on the assumption that policy initiatives need to act on the ‘characteristics’ of so-called ‘vulnerable’ populations—whereas institutional arrangements and everyday practices remain unchallenged.