State Public Opinion, the Death Penalty, and the Practice of Electing Judges

Do state supreme courts act impartially or are they swayed by public opinion? Do judicial elections influence judge behavior? To date these questions have received little direct attention due to the absence of comparable public opinion data in states and obstacles to collecting data necessary for comprehensive analysis of state supreme court outcomes. Advances in measurement, data archiving, and methodology now allow for consideration of the link between public opinion and judicial outcomes in the American states. The analysis presented considers public opinion's influence on the composition of courts (indirect effects) and its influence on judge votes in capital punishment cases (direct effects). In elective state supreme courts, public support for capital punishment influences the ideological composition of those courts and judge willingness to uphold death sentences. Notably, public support for capital punishment has no measurable effect on nonelective state supreme courts. On the highly salient issue of the death penalty, mass opinion and the institution of electing judges systematically influence court composition and judge behavior.     

Lists and Lotteries: Rationing in the Housing Choice Voucher Program

This article investigates how the Housing Choice Voucher (HCV) program rations subsidies. HCV is the largest low-income housing assistance program in the United States. Despite the program’s size, millions of HCV-eligible households go without subsidy each year. Because the demand for support exceeds the supply of subsidies, HCV assistance is rationed through several mechanisms. These mechanisms and their relationship with the HCV system from both the client and administrator perspectives will be discussed. Implications of HCV rationing will also be discussed.     

Re-entering the Lists: MI5's Authorized History and the August 1914 Arrests

Abstract

The 2009 Authorized History of MI5 carried a new defence of its August 1914 operation, in which Vernon Kell, its first Director, supposedly scored a coup by capturing all 21 German agents working in Britain. The Authorized History went against the version of events given in my article ‘Entering the Lists’, published by this journal in 2006, and backed up its case with a new arrest list. This article considers that new list, and its supposed origins in an MI5 document from 1931. Once again it demonstrates the impossibility of turning MI5's foundation myth into history, by showing that not only is the account in the Authorized History internally inconsistent, but the arrest list consists of 22 names arbitrarily selected from later case summaries, then wrongly footnoted to an MI5 document which contains a different list of 21 names. Indeed, by claiming authority from the only arrest list known to have been challenged within MI5 itself, the Authorized History merely reinforces the conclusion that Kell fabricated his most famous victory.     

State Abortion Policies,Targeted Regulation of Abortion Provider Laws,and Abortion Demand

Targeted Regulation of Abortion Provider laws (or TRAP laws) are state laws that apply only to abortion providers and impose on them licensing fees, physical plant/personnel regulations, and requirements that exceed those imposed on other comparable health‐care providers or medical facilities. According to prochoice supporters, the explicit or implicit goal of TRAP laws is to drive abortion providers from the market and reduce the supply of abortion services. This paper examines whether a state TRAP licensing fee or a TRAP plant/personnel law also has an independent impact on women's demand for abortion over the period 1982–2005. The empirical results find that neither state TRAP law has a statistically significant independent effect on women's abortion demand. The empirical results remain robust even after controlling for time‐varying factors or the time period after the Supreme Court's landmark 1992 Planned Parenthood of Southeastern Pennsylvania v. Casey decision.     

Hospital Waiting Lists in British Columbia: Evidence and Policy Implications

This study reports the results of a survey of specialist physicians practicing in British Columbia. The survey identifies the extent to which patients are waiting for hospital treatments and attempts a rough quantification of the costs to the provincial economy associated with the rationing of health care. The identifiable costs associated with reduced productivity should be weighed against the resource savings gained from rationing access to the health care system.     

Lists as Social Grid: Ratings and Rankings in Everyday Life

It is argued that the inundation of lists in our everyday lives has become part of the social grid, which tells us who and what we are and how we relate to the world. Using Baudrillard's three mutations of the sign, this paper examines the relationship between lists (rankings and ratings) and social life. This updated grid, which is increasingly defined by market capitalism, makes for not only a greater commodified self but a simulated self based on the external statistical world.     

Entering the Lists: MI5's great spy round-up of August 1914

One of the most famous successes of the British Security Service, popularly known as MI5, was its great spy round-up of August 1914. According to all previous histories, official and unofficial, Vernon Kell, the first head of MI5, masterminded the arrest of 21 out of the 22 German agents working in Britain, crippling the German intelligence network within hours of the outbreak of the First World War. The event is still celebrated by MI5, but a careful study of the recently-opened records shows it to be a complete fabrication. This article examines the six surviving lists of suspects to show how and why MI5 created and perpetuated this remarkable lie.     

Taxation and the Unequal Reach of the State: Mapping State Capacity in Ecuador

Even though the unequal reach of the state has become an important concern in the literature on developing democracies in Latin America, empirical measures of intracountry variation in state capacity are scarce. So far, attempts to develop valid measures of the reach of the state have often been hampered by inadequate data. Leveraging insights from national‐level scholarship, this article proposes a tax‐based measure to capture such intracountry variation. Drawing on a comprehensive data set of municipal finance and estimates of economic activity derived from nighttime lights, it maps state capacity in Ecuador. The article validates the measure on the basis of survey data collected by the Latin American Public Opinion Project. A multilevel analysis demonstrates that citizens tend to be more satisfied with the services provided by the state in municipalities with higher state capacity, which strengthens confidence that the measure picks up relevant differences.     

The State of the State: Comparing Governance in China and the United States

How do two world powers with starkly different governing systems share common accountability problems, and why? Does the cycle of administrative reform produce additional need for reforms that come full circle, eventually exacerbating problems without solution? Yongfei Zhao and B. Guy Peters of the University of Pittsburgh examine governance in the United States and China and point out that conflicts in government functions unique to each country result in strikingly similar accountability issues.     

Citizenship: Care of the Self,Character and Personality

Recent attempts to reinvigorate citizenship have been rooted in a romantic impulse. The current nostalgia over citizenship strives to recuperate the participatory involvement of the small community with face-to-face interaction. This article advances a conception of citizenship that attends more closely to the agonistic ways that citizens have been historically constructed in order to challenge the romanticism of civic republicanism. We draw on those aspects of the Foucauldian governmentality literature concerned with the care of the self. Citizenship is a technology of government that constitutes membership in a political community that requires both self-mastery and attention to relations with others. Importance is attached to truth-telling since this is what makes one a subject of government. We argue that an historical shift occurred between the nineteenth and twentieth centuries from a subjectivity rooted in ‘character’ to one based on ‘personality’ that corresponded to changes in the prevailing form of citizenship and the practices of the self. The preoccupation with ‘building character’ involved a caring for the self that was based on striving for conformity with a set of public virtues. The emphasis on personality involved a care of the self organized around the quest for a unique self. This phase in the care of the self marks a shift in the ethical requirements of effective citizenship and as a result, represents a new form of truth-telling. We argue that these two forms of caring for the self mark a decisive mutation in the characteristics that were considered desirable for citizens to exhibit.     

Death and the Modern Imagination

This essay is an exercise in what might be called metaphysical sociology. Metaphysical sociology focusses on the meaning questions that confront all humans, questions about origins, about what to do with one's life, and about death. In particular, the essay examines the place of death in the modern secular psyche, given that interpretations of mortality have become clouded in uncertainty.     

Review Essay: Death and Delusion on the Trade Front

Books reviewed in this article: How to Kill a Country: Australia's Devastating Trade Deal with the United States Linda Weiss, Elizabeth Thurbon and John Matthews All the Way with the USA: Australia, the US and Free Trade Ann Capling Community and Local Governance in Australia Paul Smyth, Tim Reddel and Andrew Jones (eds) The Thirty Year Problem: The Politics of Australian Tax Reform Richard Eccleston Into the Future: The Neglect of the Long Term in Australian Politics Ian Marsh and David Yencken Yes, Premier: Labor leadership in Australia's States and Territories John Wanna and Paul Williams (eds) Making and Breaking Universities Bruce Williams Ethics and organisational politics Chris Provis Power Politics. The electricity crisis and you John Spoehr (ed) Markets in Vice, Markets in Virtue John Braithwaite Pensions: Challenges and Reforms, International Studies on Social Security, Vol. 9 Editors Einar Overbye and Peter A. Kemp     

Persuasion and Resistance: Race and the Death Penalty in America

Although there exists a large and well-documented "race gap" between whites and blacks in their support for the death penalty, we know relatively little about the nature of these differences and how the races respond to various arguments against the penalty. To explore such differences, we embedded an experiment in a national survey in which respondents are randomly assigned to one of several argument conditions. We find that African Americans are more responsive to argument frames that are both racial (i.e., the death penalty is unfair because most of the people who are executed are black) and nonracial (i.e., too many innocent people are being executed) than are whites, who are highly resistant to persuasion and, in the case of the racial argument, actually become more supportive of the death penalty upon learning that it discriminates against blacks. These interracial differences in response to the framing of arguments against the death penalty can be explained, in part, by the degree to which people attribute the causes of black criminality to either dispositional or systemic forces (i.e., the racial biases of the criminal justice system) .     

Transforming the Administrative State: Reform in Hong Kong and the Future of the Developmental State

Hong Kong has been depicted as an administrative state where the civil service is insulated from political and societal forces and enjoys a stable pattern of growth in rewards and status. In these respects, it is similar to other Asian developmental states. In Asia, as in the West, traditions underlying the administrative state are being challenged. The Hong Kong civil service has recently come under serious criticism as a result of a major fiscal crisis and a series of administrative failures, while the unelected status of the chief executive is a focus of growing protest. What is the reform capacity of the Hong Kong bureaucracy in these circumstances? What is the likely trajectory of administrative reform, and can we expect Western models of the neo‐administrative state to be relevant and appropriate to Hong Kong and, by extension, to the rest of Asia?