Will empowering developers to challenge exclusionary zoning increase suburban housing choice?

The municipal zoning process in the United States has come under increasing attack as a tool to create and maintain suburban socioeconomic homogeneity by mandating sprawl‐producing single‐family detached houses at the expense of less costly townhouses, apartments, and mobile homes. Beginning in the 1970s, the Supreme Courts of the neighboring states of Pennsylvania and New Jersey addressed municipal exclusionary zoning in different ways: Pennsylvania empowered residential developers to compel municipalities practicing exclusionary zoning to authorize market‐rate development of all types of housing, while developer empowerment in New Jersey was conditioned upon inclusion of low‐ and moderate‐income units. Using aerial survey and housing census data over a 20‐year period, this article finds that outcomes by housing type over a 20‐year period in Pennsylvania municipalities around Philadelphia were more diverse than those in adjacent New Jersey municipalities. © 2004 by the Association for Public Policy Analysis and Management.     

Use of State Police Services for Local Policing: The Case of New Jersey

All states in the New England and Middle Atlantic regions of the United States provide State Police services without charge to municipalities without full-time local police departments. Efficiency and equity issues have resulted from this tradition and the development of local police departments or shared departments across neighboring municipalities in rural and exurban areas has been discouraged. These problems will diminish in scope as municipalities receiving the State Police subsidy opt out of the program and adopt local policing. We examine this potential by estimating models of the municipal decision to use the State Police for local policing among New Jersey municipalities with less than 15,000 population. We find that the elasticities of the decision to use the State Police for local policing with respect to population and median family income to be −1.1 and −2.3, respectively. If recent income and population trends in New Jersey municipalities using the State Police continue, our upper range estimate is that about 20 of the 90 municipalities using the State Police will opt out of the program in the next decade.     

Who Preempted the Massachusetts Burma Law? Federalism and Political Accountability Under Global Trade Rules

With its "Burma law, " Massachusetts joined a procurement boycottof companies doing business in Burma. In Crosby v. NFTC, theU.S. Supreme Court held that Congress preempted the Massachusettslaw, even though Congress was silent on preemption. The Courtrelied on actions by executive-branch, foreign, and corporateactors to find that the state law was an obstacle to impliedobjectives of federal Burma sanctions. In doing so, the Courtdiffused congressional accountability for preemption and constrainedthe "constituent diplomacy" by which states and local governmentsuse their purchasing power to influence national policy andmultinational corporations. Crosby shifted the burden to Congressto express its intent not to preempt such measures. Congresshas several opportunities to meet this burden if it wants topreserve the diversity and balance that constituent diplomacybrings to the federal system.     

The Rehnquist Court and Federal Preemption: In Search of a Theory

In the 1980s, the U. S. Supreme Court was expected to becomemore solicitous of "states' rights" and to reconsider doctrinesof federal preemption of state and local laws. Those expectationswere built on the Court's ruling in National League of Citiesv. Usery and reinforced by the Reagan administration's rhetoricand Court appointments. The record ofthe Rehnquist Court, however,demonstrates that it has backed away from vigorously enforcingthe Tenth Amendment and has erected only minor constitutionalbarriers, as in New York v. United States, to the Congress'power over the states. Moreover, the Court has not retreatedfrom finding implied statutory preemptions or from imposingits own dormant-commerce clause power on the states. The articleconcludes by considering a number of explanations for the Court'srecord and rulings on federal preemption.     

Policy Adoption and Policy Intensity: Emergence of Climate Adaptation Planning in U.S. States

The United States is experiencing growing impacts of climate change but currently receives a limited policy response from its national leadership. Within this policy void, many state governments are stepping up and taking action on adaptation planning. Yet we know little about why some states adopt State Adaptation Plans (SAPs), while others do not. This article investigates factors that predict the emergence of SAPs, both in terms of policy adoption and policy intensity (goal ambitiousness). Applying the diffusion of innovation theory, I consider the relative influence of internal state characteristics, regional pressures, and test for conditional effects between government ideologies and severity of the problem. The results show interesting differences between predictors that influence policy adoption and ambitiousness. States are more motivated to adopt a policy when faced with greater climate vulnerability, have more liberal citizenry, and where governments have crossed policy hurdles by previously passing mitigation plans. The intensity of policies and goal setting, moreover, is more likely to be driven by interest group politics and diffuse through policy learning or sharing information among neighboring states in Environmental Protection Agency regions. These findings support an emerging scholarship that uses more complex dependent variables in policy analysis. These variables have the potential to differentiate symbolic from substantive policies and capture finer information about predictors of importance.     

State Environmental Regulation and Economic Development: Are They Compatible?

An underlyingussumption of the partial preemption apprmh is the belief that minimum federal standmds contribute to the prospective decentralization of environmental protection programs by removing or reducing industry incentives to shop aroundfor states with a more lenient regulatory stance. This assumption was examined through a survey of chief executive oficers of pollution-generating firms. Tlze data suggest that corporate officials see regulatory climate m an important component of overhead ctxits. The author concludes that the desire to retain industries within state boundaries does inhibit the promulgation of strict environmental regulat ions by public officials.     

Evaluating partisan gains from Congressional gerrymandering: Using computer simulations to estimate the effect of gerrymandering in the U.S. House

What is the effect of gerrymandering on the partisan outcomes of United States Congressional elections? A major challenge to answering this question is in determining the outcomes that would have resulted in the absence of gerrymandering. Since we only observe Congressional elections where the districts have potentially been gerrymandered, we lack a non-gerrymandered counterfactual that would allow us to isolate its true effect. To overcome this challenge, we conduct computer simulations of the districting process to redraw the boundaries of Congressional districts without partisan intent. By estimating the outcomes of these non-gerrymandered districts, we are able to establish the non-gerrymandered counterfactual against which the actual outcomes can be compared. The analysis reveals that while Republican and Democratic gerrymandering affects the partisan outcomes of Congressional elections in some states, the net effect across the states is modest, creating no more than one new Republican seat in Congress. Therefore, the partisan composition of Congress can mostly be explained by non-partisan districting, suggesting that much of the electoral bias in Congressional elections is caused by factors other than partisan intent in the districting process.     

Explaining Interest Rates in Local Government Borrowing

ABSTRACT

This article analyzes the usefulness of municipal accounting information in the interest rates agreed on by financial institutions in the European context. Most of the literature has focused on municipal bonds, mainly in the United States. Our core contribution is to study which factors determine the interest rates on bank loans to municipalities. This framework is different, since there is neither a secondary bond market nor credit ratings, and therefore information asymmetry is higher. Specifically, we investigate if municipal financial indicators and financial reports’ quality have an influence on interest rates paid by Spanish municipalities in the period 2001–2008. Our empirical results indicate that, in general, the municipal financial situation exerts an influence on the credit policy of lenders, who charge a risk premium to those municipalities with less current surplus, which is an indicator of the municipality's saving ability. Furthermore, there is also some inertia in the municipal annual interest rate (year t ? 1 interest determines around 27% of year t interest). Other findings indicate that high levels of expenditures and debt per capita increase the interest cost of municipal borrowing. Finally, municipalities that disclose full detailed financial reports pay less interest because information asymmetry and transaction costs are lower.     

Explaining State High-Courts' Selective Use of State Constitutions

Although state constitutions offer substantial policy-makingopportunities, state courts are reluctant to base decisionson independent state constitutional law. Using state high-courtjudicial review decisions from 1981 to 1985, we tested a modelpredicting countermajoritarian state-law rulings. Legal andpolitical variables best predicted state constitutional decisions.Intragovernmental conflicts were particularly likely to resultin state-law decisions, while courts were especially reluctantto base civil liberties decisions on state constitutions. Casesbrought by government officials were likely to be decided onstate constitutional principles; state-law decisions were alsolikely to emerge from conservative states and states with tradilionalisticpolitical cultures. Although these latter findings stand apartfrom previous research connecting some forms of judicial activismto liberal political environments, they seem consistent withthe element of American conservatism seen particularly in traditionalisticstates (in the South and Southwest) demanding protection ofstate autonomy in the realms of policy development historicallyleft to the states.     

The Street‐Level Bureaucrats of Elections: Selection Methods for Local Election Officials

The 2000 presidential election and the recount battle in Florida focused attention on local election administration in the United States. The Help America Vote Act , passed by the federal government in 2002, requires wholesale changes in voting equipment and other election procedures. However, the law did not address the selection of individuals who manage elections: both state and local election officials play a great role implementing federal and state election laws. Recently, several election reform advocates have argued for shifting to nonpartisan election administrators in the United States. Others, particularly associations representing election officials, have not endorsed that position. To inform this debate, we provide data on the selection methods and party affiliations for all local election officials in the United States (more than 4,500 individuals or commissions). We find considerable variation in the methods used to select state and local election officials in the United States.     

Conjoint Federalism and Environmental Regulation in the United States

Many of the environmental laws enacted by Congress employ adistinctive blend of national and state authority. In theseconjoint arrangements, state authority is not totally preempted,but it is subordinated to national authority if states wishto participate in environmental regulation. Under normal circumstances,national and state authority are deployed concurrently in pursuitof environmental policy objectives. Conjoint arrangements aremuch more controlling of state action than the stimulative andfacilitative approach to intergovernmental program implementationcommonly associated with cooperative federalism. Despite nationalprimacy, in the bargaining that marks implementation processes,state officials may enjoy considerable influence. Although administrativelycumbersome and criticized from a variety of perspectives, conjointarrangements are not the major reasons for a slow rate of improvementin environmental quality. When the various options are considered,there are reasons to conclude that conjoint arrangements arethe most realistic means for attacking environmental problems,although questions remain about the appropriate balance of nationaland state authority in them.     

The Impact of Federal Preemption of State Antipredatory Lending Laws on the Foreclosure Crisis

State antipredatory lending laws (APLs) are designed to protect borrowers against predatory lending that can increase the risk of default and deplete the home equity held by borrowers. Federal regulators instituted preemption that limited the scope and reach of state antipredatory lending regulations for certain lenders. Based on the variation in state laws and the variation in the regulatory environment among lenders, this paper identifies the effects of federal preemption of state APLs on the quality of mortgages originated by preempted lenders. The results provide evidence of a relatively higher increase in default risk among loans exempted from strong state antipredatory laws. These results are most robust among refinance mortgages with adjustable interest rates—a large and highly dynamic market in the period of analysis. The findings provide initial evidence that preemption of state mortgage lending regulations may result in an increase in mortgage default risk, thus limiting consumer protection in the residential mortgage market.     

The Politics of “Entrepreneurial” Economic Development Policy of States in the U.S.

“Entrepreneurial” economic development strategies at the state level in the United States, which focus on nurturing home‐grown, high‐growth businesses, lack immediate payoffs for politically powerful constituencies, a condition that would seem likely to limit their appeal compared to the alternative “locational” strategy of attracting large investments from elsewhere. Nonetheless, many U.S. states have added programs with entrepreneurial attributes to their economic development portfolios in recent years. This paper explores how the political obstacles to such programs have been overcome. In a few cases, an institutional innovation in the policy‐making process drew in new participants who provided ideas for and support to programs with entrepreneurial attributes. More commonly, the preferences of executive branch officials, especially governors, appear to have been critical to the enactment and implementation of such programs. This finding suggests that economic development policy making may be more technocratic than is commonly believed.     

Representative Bureaucracy and Partisanship: The Implementation of Election Law

Studies of representative bureaucracy argue that public administrators hold attitudes that are generally representative of the public and will implement policy in accordance with those attitudes. However, studies of representative bureaucracy generally have not considered the partisanship of local administrators. Many local election officials affiliate with a political party, and there is concern that partisan officials will manipulate election procedures to help their party. The authors analyze a survey of local election officials about their attitudes toward provisional voting. Findings show that Democratic local election officials have significantly more positive attitudes toward provisional voting programs in highly Democratic jurisdictions and significantly less positive attitudes in highly Republican jurisdictions. No such relationship occurs for Republican administrators. In addition, positive attitudes toward provisional voting are associated with more provisional votes being cast and counted in the 2004 presidential election. This work questions whether representative bureaucracy—when it concerns partisanship—is always a desirable outcome.     

THE ROLE OF STATE ECONOMIC DEVELOPMENT PROGRAMS IN NATIONAL INDUSTRY POLICY

A decade of economic stagnation has produced a plethora of calls for government action to stimulate economic growth in employment. Arguing that activists federal industry policy is likely not to emerge in the United States, Rasmussen and Ledebur examine the potential role of states in a "federalist industry policy." States presently administer effective programs of financial assistance to business enterprises. These efforts are "rationally parochial" in that their purpose is served equally well by cresting a new job or pirating from other jurisdictions. This paper considers how state programs can be reoriented to serve national growth and development objectives as well as those of specific jurisdictions. It concludes that a subnational industry policy offers a unique opportunity to reallocate existing state resources to achieve a much higher social return.     

Bypassing public procurement regulation: A study of rationality in local decisionmaking

Using private contractors through procurement is common in most public sector areas. Despite the benefits of procurement, officials are sometimes tempted to circumvent procurement regulations. The aim of this article is to examine the strategies used by local governmental decisionmakers to bypass procurement regulations and to analyze the rationality underlying these officials' actions. Interviews, court documents, municipal documents, and newspaper articles describing the actions of Swedish municipal officials concerning special transport service (STS) procurements were collected and analyzed. In a case in which rural municipalities lost regular taxi services after STS procurement, we demonstrate how decisions were driven by pressure from the public and local interest groups, making municipal officials deviate from procurement regulations in striving to secure the existence of regular taxi services. One outcome was that local businesses were given preferential treatment, violating regulations and reducing economic efficiency.     

What Stops the Torture?

States whose agents engage in torture in a given year have a 93% chance of continuing to torture in the following year. What leads governments to stop the use of torture? We focus on the principal–agent relationship between the executive and the individuals responsible for supervising and interrogating state prisoners. We argue that some liberal democratic institutions change the probability that leaders support the creation of institutions that discourage jailers and interrogators from engaging in torture, thus increasing the probability of a state terminating its use of torture. These relationships are strongly conditioned by the presence of violent dissent; states rarely terminate the use of torture when they face a threat. Once campaigns of violent dissent stop, however, states with popular suffrage and a free press are considerably more likely to terminate their use of torture. Also given the end of violent dissent, the greater the number of veto points in government, the lower the likelihood that a state terminates its use of torture.     

Addressing Restrictive Zoning for Affordable Housing: Experiences in Four States

Affordable housing development in suburban locales is often constrained by zoning and other municipal land-use restrictions. This article explores experiences in four states that have been recognized for exemplary interventions that address “exclusionary zoning.” Using quantitative and qualitative methods, the article examines overall production levels resulting from the specific program, the extent to which such production is occurring in locales with more White residents and more higher-income residents, and the levels of compliance with state-specified goals, where such goals exist. When possible, cross-state comparisons are provided. Although there are clear signs of progress, with municipalities increasing their affordable housing stocks and with some of this production occurring in locales that probably would not have developed such housing without such state (or county) intervention, the pace has been slow. A number of recommendations are offered for these and other states contemplating strategies to address exclusionary land-use practices.     

Public Participation and Environmental Policy: What Factors Shape State Agency's Public Participation Provisions?

Public participation is becoming increasingly common in environmental decision making. While researchers have focused on understanding why individuals get involved and the impact of their engagement, less is known about the forces that shape agency and legislative decision making regarding participation. This paper uses multinomial logistic regression to explore the determinants of public participation provisions in state hazardous waste programs over time. The results suggest that states with more liberal citizenry, higher levels of manufacturing, and urban areas are more likely to formalize the participation provisions in their hazardous waste programs. Comparatively, states with fewer Democratic representatives are more likely to informally engage in public participation procedures in their states programs.     

Strategic Candidate Entry and Congressional Elections in the Era of Fox News

Elections are designed to give voters the ability to hold elected officials accountable for their actions. For this to work, voters must be presented with credible alternatives from which to choose. In the United States, as in other weak-party systems, the decision to challenge an incumbent representative rests with individual, strategic-minded politicians who carefully weigh the available information. We investigate the role that one source of information—partisan media—plays in shaping electoral competition. We hypothesize that the haphazard expansion of the conservative Fox News Channel in the decade after its 1996 launch influenced congressional elections by affecting the decision calculus of high-quality potential candidates. Using congressional district-level data on the local availability of Fox News, we find that Fox News altered Republican potential candidates' perceptions about the vulnerability of Democratic incumbents, thereby changing their entry patterns.