The role of analysis in the formation of cable television regulatory policy

A summary of a panel discussion by seven participants in the Federal Communications Commission's cable television rulemaking. Analysis of the potential impact of cable on over-the-air broadcasting was a prominent part of the rulemaking; but did it make any difference in the outcome? The panelists discussed how analysis was used and what effect it had on the rules finally adopted. It was agreed that analysis was used, not as a tool in the hands of decisionmakers, but rather as a weapon in the hands of the contending parties. Nevertheless, analysis had an important effect by strengthening the FCC's perceptions of cable's possible benefits and damping fears of its offsetting harms, resulting in a compromise outcome that is more encouraging to cable growth than it otherwise would have been.     

Clinton,the courts,and social policy

He is author of numerous articles and Enforcing the Fourth Amendment: A Jurisprudential History;and coeditor (with Peter W. Schramm) of American Political Parties and Constitutional Government;and the forthcoming Separation of Powers and Good Government.     

The changing role of the federal and state courts in safeguarding the rights of the mentally disabled

From the mid-1960s until the early 1980s, federal courts havegreatly expanded the rights of persons who have been institutionalizedfor treatment of mental illness. The rights have included dueprocess in commitment proceedings, provision of services, andtreatment in the least restrictive environment. Federal courtshave based their decisions on federal statutes and constitutionalprinciples of due process, equal protection, and protectionfrom harm. More recently, however, the U.S. Supreme Court haseffectively closed the federal courts as a forum for advancingthe rights of the mentally disabled. Federal courts must, inessence, defer to the states for decisions about treatment ofthe mentally disabled. State courts may decide what servicesare required under state law, while state mental health officialsmay decide specific treatment questions for individual patients.Consequently, advocates for the mentally disabled are turningto state courts to advance client rights. In 1984 two significantcases decided by the New York State Court of Appeals have thepotential for significantly expanding the rights of the mentallydisabled.     

The policy analysis role of the contemporary university

From society's standpoint, modern science and technology appears Janus-faced: It has given us wealth in one sense, and poverty in another; it has harnessed nature to man's basic needs in ways and to extents undreamed-of only a few decades ago, but it has fostered a continuingly lowered quality of life. In large measure, this outcome results from an economic and social philosophy in the Western world which rationalizes existing institutional structures as spontaneously arising in response to felt needs.But we live in an era of historical discontinuity, so to speak. We must now choose between alternative futures, most elements of which are already subject to man's influences. The policy sciences assume ever larger importance as the need for planned change increases. The unique institution able to provide guidance—the university—is, however, still cursed with rigid academic departmentalization. Problem-oriented approaches are only timorously being devised. This must change. Vigorous new inter- and trans-disciplinary modes must evolve, consonant with general systems concepts, cybernetic science and computer technology. Only then will universities fulfill their urgent mission and provide society with reasoned analyses of optimum policy judgments.     

The diminishing role of governments in cable policy

Abstract The article examines the role of governments in the transition in cable policy in the three largest media countries of Europe (Britain, France and Germany). In theoretical terms it is argued that the involvement of governments in determining the course of development of cable systems has comprised three main stages. In the first stage, governments tried to ignore cable and prevent the establishment of cable infrastructure. In the second stage, governments regulated the technology in order to promote a national cable policy and encourage the overall development of the broadcasting media. In the third stage, although at different speeds and perceptions, governments deregulated cable by giving permission to market forces to dominate cable's development and abandoning the social goals of cable policy.     

The role of common law in environmental policy

This paper discusses the role of common law in environmental policy. It is shown that common law actually tends towards efficiency only under quite restrictive conditions — conditions that are fulfilled only for very few, less important environmental problems. Moreover, in these cases common law need not even be efficient because an efficient solution can be negotiated once the allocation of rights is undisputed. Furthermore, common law neglects important distributional and political questions and is biased towards the status quo. Therefore, dealing with today's environmental problems cannot be left to the common law process but necessitates legislative action.     

The diminishing role of governments in cable policy

The article examines the role of governments in the transition in cable policy in the three largest media countries of Europe (Britain, France and Germany). In theoretical terms it is argued that the involvement of governments in determining the course of development of cable systems has comprised three main stages. In the first stage, governments tried to ignore cable and prevent the establishment of cable infrastructure. In the second stage, governments regulated the technology in order to promote a national cable policy and encourage the overall development of the broadcasting media. In the third stage, although at different speeds and perceptions, governments deregulated cable by giving permission to market forces to dominate cable's development and abandoning the social goals of cable policy.     

The changing role of social experiments in policy analysis

Since 1968 more than thirty-five social policy experiments have been conducted in the United States. During this period through 1976 these experiments were generally long-term, large-scale tests of major new programs; thereafter, experiments became markedly more modest in scope. Although hundreds of millions of dollars were spent on the earlier programs, the experiments probably had only a negligible impact on policies. This result stemmed from a variety of factors: Social testing actually tends to exert a conservative influence on policymaking; and the time required to complete experiments and interpret results is often incompatible with the needs of policy makers. In addition, test results are often not effectively communicated to Congress, the administration and the public, and even when the results are conveyed, policy makers are frequently skeptical about the soundness of the methodologies employed. If recent experimental programs are to exert more influence on policymaking, program oficials will need to address these dificulties.     

The role of agency in cleavage formation

Abstract.  Through the analysis of Hungarian politics, this article demonstrates how parties become embedded in the social, cognitive and emotive structures of societies. The role of agency in cleavage formation is addressed, with a special emphasis on the mechanism through which political parties structure their environments. Next to the popularization of conflict perceptions and the consolidation of camp identities, the development of a more elaborate and segmented organizational structure is identified as an integral part of the process of cleavage formation. Such a structure enables parties to forge coalitions among previously separate social groupings and combine group interests into packages large enough to overcome institutional thresholds of power. The findings indicate that parties are potentially able to cross cleavage lines, re-structure relations within the party system and create new associations between party preferences, socio-structural categories and attitudes. Furthermore, parties seem to be able to alter the relationships between psychologically rooted attitudes and social categories. The study also shows, however, that deep-seated socio-cultural divides limit the power of agency even in new democracies.     

The role of income in the formation of new cities

The richest neighborhoods in the unincorporated suburbs have a stronger incentive to form a new city to escape the redistribution that is occurring there. Wealthy families also may desire to establish a new city if this enables the provision of government services that middle income voters would not fund. With three different measures of household well being??based on educational attainment, income, and home values??we consistently found that the relatively wealthier neighborhoods were more likely to be part of a new city by the end of the decade. Population density also played a big role     

The role of actors in the policy design process: introducing design coalitions to explain policy output

Policy Sciences - Despite a renaissance of policy design thinking in public policy literature and a renewed interest in agency in the policy process literature, agency in the policy design process...     

Psychological aspects: The soft side of policy formation

Nonrational factors affect the determination of policy. Points of vulnerability to the influence of nonrational factors are identified in the policy-forming process and in the policy-implementing process. The suggestion is made that a normative model for the policy-formation process must take account of the presence of nonrational influences so that they can be dealt with in a rational manner.     

Public opinion for sale: The role of policy marketers in Greater Yellowstone policy conflict

This article develops a macro-level theory of framing to explain the intractable or ‘icked’ nature of environmental policy. Using conflict in the Greater Yellowstone Area (GYA) as a case study, we review how proposed solutions – technical, scientific, and economic – and cultural issues often lead to inadequate policy solutions. We then propose that interest groups, the media, and elected officials do not act solely as linkage mechanisms, but, rather, as policy marketers who market public opinion to citizens. The macro-level trends of a marketing culture in tandem with the rise of consumerism are explored in the context of GYA politics. Finally, we describe how our proposed macro-level theory of framing points to a rich research agenda for empirically testing questions about issue framing, policy marketers, and public opinion formation in environmental policy conflict.     

The courts,politics, and the ACLU

She is co-director of the Arthur Garfield Civil Liberties Program where she teaches and writes in the areas of family law, constutional law, and health law.