The Evolving Right to Travel: Saenz v. Roe

Although the 1996 federal welfare-reform law shifted more authorityfor welfare policy to the states-including authority to providelower benefits to new state-residents than to longer term residents-theU. S. Supreme Court's decision in Saenz v. Roe delineates alimit on that authority, namely, that states cannot discriminateagainst citizens based on their length of in-state residency.The Court's reliance on the Fourteenth Amendment's privilegesor immunities clause in Saenz, while surprising after its longdormancy, is not a departure from prior precedent. What remainsto be seen is whether states will attempt to avoid the decision'simplications by adopting new variations on residency laws, andwhether the revival of the privileges or immunities clause willlead to a rearticulalion of individual civil rights, based ona new understanding of national citizenship.     

Closing institutions in New York State: implementation and management lessons.

This article examines the lessons learned about implementation and management from the closing of six large institutions for people with mental retardation in New York State. Unanticipated problems occurred, despite special attention to implementation issues in policy design and demonstrated management capacity in similar circumstances. A study of the closure experience showed that subtle but important changes in policy as well as changes in the context of implementation confounded the reasonable expectations of success that policymakers, managers, and analysts would normally have under these circumstances. A closer look, however, suggests that this experience should not be surprising. A more appropriate understanding of the role of policy, policymakers, and managers in implementation suggests that the burden falls heavily on middle managers, and that policy management capacity and an intergovernmental management perspective are crucial to implementation success. Moreover, this experience suggests that a broader definition of success that encompasses this normal turbulence of implementation provides a better appreciation of the requirements of implementation.     

Uneven local implementation of federal policy after disaster: Policy conflict and goal ambiguity

As climate change continues to increase both the frequency and intensity of environmental hazards and disasters, the need for a cohesive national mitigation policy grows. As the environmental federalism scholarship indicates, the inherent tension in federal, state, and local policy implementation highlights that despite a national need, environmental quality is a local public good. To complicate matters, there is disagreement about the optimal level of decision-making regarding the adoption and implementation of environmental policy. This study addresses this gap by considering the role of policy ambiguity and conflict in policy implementation. The analysis relies on primary qualitative data collected from open-ended interviews with 22 local government officials in 12 municipalities following Hurricane Harvey. Through the lens of policy ambiguity and conflict, we find confirmatory support for the idea that policies with less ambiguous goals are more likely to be implemented. Furthermore, we find that policy conflict arises when local governments perceive there is little for the community to gain by implementing the federal program. Thus, the level of protection afforded to citizens varies greatly between communities and is influenced heavily by politics. This research supports the Ambiguity-Conflict Model of policy implementation, an oft-cited but rarely tested theoretical framework for assessing the intergovernmental politics of policy implementation. It also demonstrates the barriers to local implementation of federal environmental policy in a nested system of government.     

Limiting State Involvement in Foreign Policy: The Governors and the National Guard in Perpich v. Defense

The National Guard is a largely successful intergovernmentalinstitution in the United States. In September 1989, however,the governor of Minnesota asked the U.S. Supreme Court to strikedown federal legislation that gives the Department of Defenseauthority to assign state National Guard units to active-dutyoverseas training without the consent of the governor. In Perpich(1990), the Supreme Court upheld the Montgomery Amendment allowingthe president to order members of a state's Guard to activeduty for training outside the United States even during peacetimewithout either the consent of the governor or the declarationof a national emergency. The Court did not address the factthat the president has ample authority under other statutesfor calling up the National Guard. The decision dealt only withthe authority for calling Guard units for two weeks of active-dutytraining. The practical effect of this interpretation of themilitia clauses of the U.S. Constitution is to reduce the states'authority for training to, at best, a ministerial function,even when Guard units are called up by the secretary of defenseonly for the purpose of training.     

The Two Browns: Policy Implementation and the Retrenchment of Brown v. Board of Education

The colorblind individualism that pervades American politics and society keeps schools segregated although Americans support integrated public education. While the 1954 US Supreme Court decision Brown v. Board of Education has never been overruled, later cases and policies have encouraged its retrenchment. We argue in this multi-disciplinary review of published literature that there are two different versions of Brown—the iconic, pro-integration symbol supported by most Americans, and a formal, juridical requirement that permits continued school segregation. The formal, juridical Brown is supported by the implementation of multiple educational policies, particularly neighborhood schools, magnet schools, and charter schools, all built on the firm belief that there is no violation of Brown. Rather than promoting a vision of Brown that champions a strong integration goal, these policies bolster the second interpretation of Brown: one that allows segregation to occur, so long as it is not outwardly deliberate.     

The political hand: Policy implementation and youth employment programs

Outstanding studies in the past decade have illuminated the sources of ineffective implementation and thus have suggested what not to do. To learn more about what to do, we analyzed a broad range of cases of effective implementation of youth employment programs in eight cities. The goal was to build an impressionistic model of the conditions contributing to flective implementation. We found that executives in the successful programs often acted as “fixers,” repairing the implementation process and protecting and correcting their programs, especially through coalition building and constant intervention in administrative detail. Some executives created patterns of interest convergence among the relevant actors, using incentives to turn mild interests into active support. They thus provided the public sector's missing “political hand,” analogous to the market's “invisible hand.”     

Extending urban services in developing countries: Policy options and organizational choices

Governments in developing countries will face serious problems in extending basic social services, public facilities and infrastructure for their rapidly growing urban populations during the next decade. The steadily increasing concentration of the poor in cities will exacerbate already severe strains on urban services. Innovative solutions will be needed to meet the growing demands for urban services. In addition to expanding national and municipal efforts, governments in developing countries must also explore alternative policies and organizational arrangements for meeting the basic needs of their urban population. Among the potential alternatives are: using market surrogates to improve service delivery; lowering the costs of service provision through changes in regulations and controls on urban development; actively supporting self-help and service upgrading schemes by the poor; promoting public-private co-operation and private sector participation in service delivery; increasing effective demand for services by promoting employment and higher incomes; and enacting and implementing policies that attempt to redistribute migration to small and intermediate-sized cities. Each alternative has advantages and limitations that planners and policy-makers must take into consideration in forging effective urban development strategies.     

Human Rights in US Courts: Alien Tort Claims Act Litigation after Sosa v. Alvarez-Machain

In Filartiga v. Pena-Irala (1980), the Second Circuit Court of Appeals ruled that victims of human rights violations could sue their oppressors civilly in US courts under an eighteenth century law now called the Alien Tort Claims Act (ATCA). Controversy raged over the Filartiga decision and the proper interpretation of the ATCA for 24 years. Then in Sosa v. Alvarez-Machain (2004), the Supreme Court issued its first ATCA decision. This essay analyzes the effect of the Sosa decision on the development of human rights law in US courts. I find that while the federal judiciary is responding to some of the Supreme Court’s directives, lower courts still retain a great deal of discretion in handling ATCA cases.

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Policy Failure and Policy Learning: Examining the Conditions of Learning after Disaster

The policy learning literature indicates that governments can and do learn after a policy failure but not always. The purpose of this study is to examine the conditions under which policy failure leads to policy learning. It asks two questions. First, is policy failure associated with policy learning? Second, if policy is associated with policy learning, does the failure initiate different types of learning? Using the policy failure and learning literatures as an organizing framework, this paper analyzes three comparative cases of policy failure revealed by tornados in Greensburg, Kansas (2007); Joplin, Missouri (2011); and Moore, Oklahoma (2013). It finds that failure of the policy process in agenda setting is associated with instrumental policy learning. It also finds that there are two types of failure of decision making: failure to make a timely decision and failure to make any decision. The two types of decision‐making failure are associated with different types of policy learning. In addition, the contextual factors underpinning the link between policy failure and learning are prior experience with the policy problem and capacity to learn.     

Rebuttal versus Unmasking: Legal Strategy in R. v. Zundel

Conventional scholarly wisdom has it that most Italian Americans in the United States were loyal supporters of the policies of Fascism in the inter-war years but eventually rejected the antisemitic measures that Benito Mussolini's regime adopted in their ancestral country in 1938. Contrary to such an interpretation, Luconi argues that many Italian Americans themselves held antisemitic attitudes and, therefore, did not distance themselves from Fascism after Mussolini launched his campaign against Italian Jews. He also contends that these attitudes resulted less from an ideological commitment to Fascism than from both the strained relations between Italian Americans and Jewish Americans, and the antisemitic climate of opinion that characterized American society in the 1930s. Italian Americans and Jews were partners in the labour movement and the Democratic Party. Yet the former resented the latter's distrust in Italian Americans' labour militancy, as well as the earlier rise of Jews in the hierarchies of the unions and the Democratic Party. Furthermore, Italian Americans and Jews competed for jobs, political patronage, cheap housing and relief benefits, especially during the Depression years. Such ethnic rivalries and the appeal of right-wing organizations to Italian Americans contributed to make the latter prone to antisemitism. As a result, few Americans of Italian descent came out against the racial policy of the Fascist regime.     

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.     

From Shaw v. Reno to Miller v. Johnson: Minority Representation and State Compliance with the Voting Rights Act

In 1994, four federal district courts applied the tests setforth in Shaw v. Reno in order to rule on the constitutionalityof congressional districting schemes that were comprised, inpart, of "majority-minority" districts. The difference of opinionthat arose among the lower courts indicated that Shaw had setforth unclear standards for determining (I) what role the federalcourts should play in monitoring state redistricting practices,and (2) whether a remedial redistricting plan is a racial gerrymander.Also, the disagreements exposed the weakness of some of theassumptions on which voting rights analysis is grounded. InMiller v. Johnson, the Supreme Court sought to address the lowercourts' concerns. Nonetheless, voting rights jurisprudence remainsunclear regarding (I) what constitutes a valid claim of vote-dilution,and (2) whether voting should be perceived as a group or individualright.     

The Purse Strings and the Policy Process: Bureaucratic Shaping of Industry Policy Capacity after 1945

Much literature in public administration debates the role of the public servant in the policy-making process. Some literature acknowledges an integral role of the public servant in the process. However, this role often remains obscure, due to being couched in abstract terms. The hierarchical structuring of responsibilities and power within bureaucracies imparts the capacity for differential influence. This paper provides a case study of the role of the Public Service Board (power over staffing) and the Australian federal Treasury (power over the purse) in the shaping of the bureaucratic structure. The case study centres on the industry policy bureaucracy in the volatile decade after World War II. In shaping the bureaucratic capacity, the Board and the Treasury exerted a discretionary influence on the policy process itself.     

Global change in microcosm: The case of U.S. water institutions

Water is a resource that already has been affected by some aspects of global change and whose availability in time and place may be substantially further altered by global warming. As human demands and impacts on water resources have increased, institutions governing water use have evolved in response to pressures exerted by competing resource users. The record of such institutional evolution and its implications for the impacts of environmental change on human welfare can provide a glimpse of issues that are likely to arise as other natural resources are increasingly subject to the effects of global environmental transformations. Efforts to manage multiple interdependent water uses present informative analogies to the general problem of managing the many interrelated aspects of global change.