Hidden convergence: toward a historical comparison of U.S. and U.K. health policy

The social science literature on the comparative history of the welfare state offers conflicting accounts of the relationship between the United States and the United Kingdom. At first blush, the comparative history of health care policy in the United States and the United Kingdom seems to affirm the dominant view that the U.S. and U.K. welfare states have diverged substantially during the twentieth century. A comparison of U.S. and U.K. health policy, however, suggests that there are more parallels and points of tangency between the two systems than are readily apparent. The comparative history of health policy over the past century reveals common political and policy challenges and frequent interchanges of policy ideas, and helps uncover the political dynamics behind the development of health policy in the two countries, which can, in turn, help illuminate the contemporary politics of reform in both countries.     

The production of the "battered immigrant" in public policy and domestic violence advocacy

In the context of U.S. public policy, battered immigrant signifies a person who is eligible to adjust his or her status under immigration law if he or she can demonstrate they have suffered domestic violence in the United States perpetrated by a U.S. citizen or legal permanent resident. Among community organizers, the term battered immigrant signifies a broader range of people for whom legal immigration status plays a role in their options for safety planning and/or leaving an abuser, the potential threat of deportation, and the eligibility for public benefits. Based on an ethnographic study of domestic violence advocacy with South Asian immigrants in Seattle and around the United States, this article examines how the difference in signification has direct social and political consequences with regard to who may access the benefits and protection offered to victims of domestic violence in the United States.     

Youth Crime in Canada: Observations for Cross-Cultural Analysis

Despite its proximity to the United States, Canada provides a unique context within which youth crime can be examined and utilized for comparative analyses. Canada's demographics, cultural mosaic, and the legislative and political bases of criminal justice are quite distinct from those of the United States. While Canadian youth generally experience lower rates of crime than their U.S. counterparts, there are areas where such rates are comparable and require close examination. Among the emerging concerns in youth crime are crime in urban areas, ethnic youth gangs, and the high rates of involvement of aboriginal youth in crime in many areas of the country. The notions of vulnerable youths and viable communities are offered as two useful concepts for the study of youth crime on a national and cross-national basis. High on the research agenda are studies of youth crime in the urban/rural/remote areas of the country, the impact of immigration policy on the emergence of specific types of youth crime, and longitudinal studies of male and female youth crime.     

Inching toward incrementalism: federalism, devolution, and health policy in the United States and the United Kingdom

In the United States, the recently enacted Patient Protection and Affordable Care Act of 2010 envisions a significant increase in federal oversight over the nation's health care system. At the same time, however, the legislation requires the states to play key roles in every aspect of the reform agenda (such as expanding Medicaid programs, creating insurance exchanges, and working with providers on delivery system reforms). The complicated intergovernmental partnerships that govern the nation's fragmented and decentralized system are likely to continue, albeit with greater federal oversight and control. But what about intergovernmental relations in the United Kingdom? What impact did the formal devolution of power in 1999 to Scotland, Wales, and Northern Ireland have on health policy in those nations, and in the United Kingdom more generally? Has devolution begun a political process in which health policy in the United Kingdom will, over time, become increasingly decentralized and fragmented, or will this "state of unions" retain its long-standing reputation as perhaps the most centralized of the European nations? In this article, we explore the federalist and intergovernmental implications of recent reforms in the United States and the United Kingdom, and we put forward the argument that political fragmentation (long-standing in the United States and just emerging in the United Kingdom) produces new intergovernmental partnerships that, in turn, produce incremental growth in overall government involvement in the health care arena. This is the impact of what can be called catalytic federalism.     

Safe at home? Policing the U.S. hometown in a post 9/11 environment

Despite the prominence of terrorism concerns on the national agenda, three areas of public policy pose more significant challenges for local law enforcement in the United States: illegal gun proliferation and distribution; offender incarceration and re-entry paths; and investments in the lives of children. This paper argues that the current direction of public policy in these latter areas should be a primary concern, because these policies not only impact law enforcement in a negative way, but also threaten the strength and vitality of the communities law enforcement is trying to serve. Moreover, the dangers posed by these policies are far more calculable, more likely and more destructive over the long run than those posited for more extreme, though less-likely threats, to which the U.S., as a nation, is committing enormous sums of money, for seemingly incremental, public safety benefits. The role of law enforcement executives is critical to how these issues will be addressed.     

美国司法政治变迁的内在逻辑——从“罗伊案”说开去

美国的司法政治是司法与政治交互作用的产物。随着司法权的扩张,联邦最高法院突破"政治问题不审查"之传统,主动或被动地介入政治争议;随着政党对峙的尖锐,政治力量乐于将棘手的政治争议交由司法裁断;藉此,司法政治演变为常态政治,司法判例成为经久不衰的政治争点。自上个世纪70年代以来,围绕罗伊案半个多世纪的争议,不仅客观地暴露了美国司法政治发展的内在逻辑,而且也充分地展示出司法政治在美国的作用方式和涵摄空间。     

“If you’ve come a’seeking justice, no Irish need apply:”1 Irish Republicans, political asylum, and United States foreign policy

For over a century, Irish Republicans have sought and found legal refuge in the United States. Such individuals were rarely targeted by immigration policies for previous politically-motivated offences nor were U.S. extradition warrants granted. More recently, however, several Irish Republicans have faced prosecution, extradition, or deportation from the United States. This essay highlights the complex, relationship between the legal formalism of those proceedings and broader political considerations related to the requirements of the ‘special relationship’ between the U.S. and British governments. Despite an 18-month IRA cease-fire and the U.S. interest in promoting the peace process, the executive branch of the United States failed to provide any concessions in these legal proceedings that might have been beneficial to the peace process.     

Comparing public discourses in stem cell policy debates

Public policy debates surrounding stem cell research are becoming increasingly more complex as governance considerations move beyond the moral status of human embryos. This complexity is evident in the public discourses surrounding these debates globally. This article draws on the results of an analysis conducted on the media coverage of a recent stem cell policy episode in the United States to demonstrate the complexity of public discourses surrounding stem cell research and to reflect upon similar debates in Australia. Observations made from the public discourses in California are reframed within the Australian context to discuss ways in which future public policy debates surrounding stem cell research may be enriched.     

Up in Smoke: International Treaty Obligations and Marijuana Reform in the United States

As the number of U.S. states that seek to loosen restrictions on marijuana rapidly increases, a heated debate over state and federal regulation has ignited. But an important component of that debate has been largely absent—are these state efforts placing the United States in violation of its international treaty obligations? This article attempts to answer this question by tracing the history of marijuana regulation both in the United States and abroad and outlining the foundations for domestic legislation. It argues that the experiments happening among a number of states and countries to liberalize marijuana laws are bearing fruit and should be tied to a broader reform agenda of the same international narcotics treaties that the United States sought decades ago.     

The Tragic Plight of HIV-Infected Haitian Refugees at Guantanamo Bay

Last June marked the 14th anniversary of the closing of the world’s first, and only, HIV camp at Guantanamo Bay. This article revisits the infamous legacy of the Guantanamo Bay camp and the plight of the HIV-infected Haitian political refugees during the early 1990’s. Part I summarises the development of the United States’ immigration policy and the government’s history for excluding immigrants for health related reasons. Part II details the factual and historical background leading to the mass exodus of the Haitians and the sequence of tragic events which resulted in their confinement at Guantanamo Bay. Part III focuses on the seminal case of Haitian Centers Council, Inc. v. Sale (II) (Haitian Centers Council, Inc. v. Sale, 823 F. Supp. 1028, 1049 (E.D.N.Y. 1993)) which was responsible for bringing about the closure of the HIV camp and granting parole to all HIV-infected refugees to enter the United States. The anticipated revolutionary reform of the HIV-exclusion policy emanating from this legal triumph never materialized. The United States government successfully sought to have the case vacated from the Court’s books. Consequently, the landmark precedent does not technically exist today. What does remain is the notorious HIV-exclusion policy which was distorted by the United States government to justify their detainment. Although the epic legal and emotional struggles of the Haitians are forgotten by many, the legacy of Guantanamo Bay continues to haunt the lives of those who were prisoners of the HIV camp.     

Challenging custom: rethinking national population surveillance policy in a global public health age

This article examines the current state of disease surveillance and reporting in the United States and seeks to answer two central questions: first, whether the increasing emphasis on the global importance of public health policies compels a fundamental reexamination of the long-standing deferential approach to state power where matters of population health surveillance are concerned and, second, how the nation's long-standing deferential legal customs might be modified to address the growing emphasis on global public health policy that is undergirded by technological advances. We examine the International Health Regulations, or IHR (2005), and suggest that these regulations offer a powerful impetus for reevaluating U.S. legal custom concerning the policy and practice of population health surveillance, not only as a matter of U.S. law but also as a core dimension of U.S. legal obligations to other nations, as embodied in international agreements and treaties. We find that if the political will exists to change the domestic disease surveillance and reporting system, the federal government has the power to act. Questions remain, however, about whether the public health and legislative communities are willing to challenge current customs or even if they desire to do so.     

Public Diplomacy,Smith-Mundt and the American Public

The U.S. Information and Educational Exchange Act of 1948, also known as the Smith-Mundt Act, is a mostly unknown and widely misunderstood piece of legislation. Revised multiple times, the law bans domestic dissemination of Voice of America and other U.S. international broadcast content in the United States. Presenting government-supported international broadcasting as an example of public diplomacy, this article discusses the long-term misrepresentation of Smith-Mundt's original intent and highlights the consequences of the continuing ban. The article considers prospects for ending the ban and emphasizes potential opportunities presented by its elimination, concluding that ending the ban might eliminate incongruity between American foreign policy goals of democracy promotion and the reality of banned domestic content. Repeal of the ban may also result in unexpected remedies for challenges facing the American media industry and the American public's desire for international news.

The United States government may be the largest broadcaster that few Americans know about. Although its networks reach 100 countries in 59 languages, they are banned from distribution in the United States by a 1948 law devised to prevent the government from turning its propaganda machine on its own citizens. ^{1 1}Mark Landler, A New Voice of America for the Age of Twitter, N.Y. Times, June 7, 2011 at 9. The broadcasters comprising the U.S. international broadcasting operation are the Voice of America (VOA), Alhurra, Radio Sawa, Radio Free Europe/Radio Liberty, Radio Free Asia, and Radio and TV Marti. The Broadcasting Board of Governors (BBG) is “a bipartisan agency … that acts as a ‘firewall’ between the U.S. government and international broadcasting entities it funds.” Kim Andrew Elliott, America Calling: A 21st-Century Model, Foreign Service J., Oct. 2010, at 31. When Smith-Mundt was passed in 1948, USIB authority fell under the Department of State. Later, Congress created the United States Information Agency (USIA) to facilitate American public diplomacy operations. After the end of the cold war, Congress dismantled USIA and returned responsibility for American public diplomacy efforts to the Department of State. For an excellent history of the rise and fall of the USIA, see Nicholas J. Cull, The Cold War and the United States Information Agency: American Propaganda and Public Diplomacy 1945–1989 (2008).      

Pursuing justice,respecting the law

Conclusion In the 1980s, despite the rise of terrorist attacks worldwide, the international community failed to respond cooperatively. When U.S. citizens were the focus of attacks, even friendly countries had little incentive to risk the safety of their citizens or the tenets of their foreign policy to prosecute terrorists. In response, the United States passed statutes providing for extraterritorial jurisdiction over acts committed abroad against U.S. citizens and then engaged in a series of dramatic seizures to enforce these measures. Unfortunately, these abductions were generally not defensible under international law and, in any event, could not be used when a terrorist was located within the territory of a major friendly country. In large part unexpectedly, however, the statutes have rendered such extraordinary measures unnecessary while still remedying what was a visible failure of international criminal cooperation.Even without threatening international abductions, the United States can use the Hostage Taking Act and the Terrorist Prosecution Act to demand extradition and to undertake independent investigations of violations of federal laws. These efforts put pressure on governments that have custody over terrorists. The international and the diplomatic consequences of neither extraditing nor prosecuting have proven sufficient to encourage U.S. allies to prosecute terrorists themselves. Surprisingly, therefore, the statutes have turned out to be effective because they encourage prosecutions of terrorists abroad, thereby remedying a failure in international cooperation and helping to ensure a consistent, strong, international response to acts of terrorism despite the continued inability of the United States to obtain custody of those attacking its citizens.This is a revised version of a paper presented at an international workshop on Principles and Procedures for a New Transnational Criminal Law, organized jointly by the Society for the Reform of Criminal Law and the Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany, May 21–25, 1991.Class of 1993, Harvard Law School, Cambridge, Massachusetts, U.S.A.     

Small business innovation,research, and development

Historically, small businesses have been the innovation engine of the United States, with significantly more than half of the new technologies and products coming from small enterprises. In 1992, there were more than 21 million small businesses with fewer than 500 employees each in the United States, including 4.5 million small corporations, 1.6 million partnerships, and 15.1 million sole proprietorships. Although most small businesses have considerably fewer than 100 employees, they employ more than half the private U.S. work force, contribute more than half of all sales in the country, and are responsible for over half of the private sector's products. From 1976 to 1990, small firms also generated 65% of the net new jobs. From 1988 to 1990, all of the net new jobs in the U.S. economy were created by small firms. Indeed, small business is really big business in the United States.     

Presidential Candidates and State Crime: Views of Some U.S. College Students

This is a preliminary investigation of hawkish public opinion, understood as criminogenic in that it provides political support for state crimes of aggressive militarism. Our critical criminology approach treats public support for, or acceptance of, state aggression as part of criminogenic political culture. Despite growing interest among critical criminologists in broader perspectives on state crime and the politics of culture, there has been no work on this topic. Our survey of 53 criminal justice students at a liberal arts college finds both hawkish (militarist) and dovish (peaceful) beliefs and preferences regarding U.S. policy and the two major 2008 presidential candidates, Obama and McCain. We investigate whether authoritarianism helps explain hawkish opinions, but find little evidence for that expectation. We find evidence of respondent underestimation of the hawkishness of U.S. politics. We also find extensive evidence of dovish policy preferences, such as approval of diplomacy, a major attraction to Obama.     

Public Broadcast Stations' Exclusion of Candidates from Debates: A Step Toward Political Independence?

Government-operated broadcast stations are in an anomalous situation in their continuing struggle for political independence. Not only must government stations meet the informational needs of their audiences, the stations must address the market-induced failures of commercial broadcasting. Controlling their programming is one facet of meeting these obligations. Nevertheless, government stations have been accused of violating the First Amendment when they have exercised their editorial discretion to exclude candidates from debates sponsored by the stations. This article explores political candidates' rights of access to debates in light of a United States Supreme Court decision that held that government stations may use subjective criteria to exclude candidates from debates. Although the Court's decision reinforced government stations' First Amendment rights to exercise editorial discretion, the decision did not significantly advance public broadcasting's struggle for political independence.     

Advances in Critical Cultural Criminology: An Analysis of Reactions to Avant-Garde Flag Art

As a popular motif in American art, images ofthe United States flag remind citizens of the importanceof culture in promoting patriotism. Still, theprevailing aesthetic commands a dignifiedrepresentation of the Stars and Stripes,shunning political criticism and disrespect forthe nation's most cherished emblem. Amid thecontroversy over flag burning in 1989, artistDread Scott unveiled his work What is theProper Way to Display the U.S. Flag? at theSchool of the Art Institute of Chicago. In thatpiece, the U.S. flag was placed on the floor ofthe gallery, inciting enormous public outrage.As a form of interactive art, Scott invitedvisitors to record their thoughts about theflag in a ledger book furnished at the exhibit.More than 1,600 messages were transcribed inthe ledger book, thus becoming an intriguingsource of unobtrusive data. This researchexplores societal reaction to Scott's artworkthrough a content analysis of the entriescontained in the ledger book. Whileinterpreting prominent themes framing theconflict over flag desecration, this workcontributes to a critical cultural criminology.In particular, the analysis brings to theforefront the significance of power,hierarchies, and social inequality drivingcriminalization campaigns aimed at controllingavant-garde flag art and political dissent.     

Arts and Culture Indicators in Community Building: Project Update

The author questions the arts support system in post-Communist Romania, examining whether the cultural policies during 1990-2006 have contributed to the development of the arts sector, the enhancement of artistic creativity, and the independence of artists. His analysis focuses on the institutional framework and the financing mechanisms that support artists. The author argues that the institutional configurations and the collective mentalities that dominate the cultural sector and public policy have strongly influenced cultural policy in Romania. Along with the economic difficulties, the weighty legacy of the centralized authoritarian state and the paternalistic attitude that dominated for so long in Romanian history have acted as constraints on the public support for the arts and artists. The post-Communist cultural policy remains dependent on historical patterns and, despite some attempts of reform in the late 1990s, it is only recently that a noninterventionist policy and a more effective arts support system emerged.     

Between welfare medicine and mainstream entitlement: Medicaid at the political crossroads

As the new century begins, the Medicaid program is arguably at a political crossroads. Over the 1980s and 1990s, policy makers enacted major expansions in Medicaid coverage, offering significant new health benefits to poor women and children and other constituencies. In elite rhetoric and political framing, Medicaid was increasingly cast as a broad-based social welfare entitlement of value to all Americans, including middle-class citizens. Some health care advocates began viewing Medicaid expansions as a potential path to achieving universal coverage in the United States. Yet Medicaid remains a means-tested program that has been repeatedly threatened with policy retrenchment. In this essay, we scrutinize Medicaid's current status and future possibilities from a historical-institutional perspective by tracing its complex evolution since its enactment in the Social Security Amendments of 1965. Our core claim is that decisions made at the time of Medicaid's original adoption have fundamentally set the matrix for struggles over the program's unfolding development. We demonstrate that key ambiguities embedded in the 1965 act created largely unintended opportunities for policy entrepreneurs to broaden Medicaid's scale and scope as well as foreseeable vulnerabilities that must be overcome if Medicaid is to realize its full potential.     

多源流理论视阈下公民网络参与公共政策议程研究——以上海“钓鱼执法”案为例

多源流理论是对公共政策议程进行研究的重要工具。金登指出,政策制定系统中,存在着问题溪流、政策溪流和政治溪流,这三种溪流共同影响了公共政策议程,且当三种溪流相结合时会打开政策之窗,进而迎来政策出台的最佳时机。本文将多源流理论引入上海"钓鱼执法"案例,分析案例中的三种政策溪流及政策之窗,指出公民的网络参与会直接影响公共政策议程:引发政府的关注,提出解决方案,并最终推动新的公共政策出台。