How status-group power differentials shape age discrimination within U.S. federal agencies: Evidence from EEOC formal complaint filings, 2010–2019

Age discrimination is a systemic problem of the American administrative state that undermines both the caliber and performance of the U.S. federal government workforce. A theory is proposed, anchored on discrimination against age-eligible employees (age 40 and over) representing a social identity group, to explain how status-group power differentials between supervisors and non-supervisors within U.S. federal agencies explain the organizational incidence of formal discrimination complaints. The theory predicts that the incidence of age discrimination formal complaints is declining in the share of supervisory personnel who are discrimination age-eligible while increasing in the share of non-supervisory personnel members who belong to this group. Evidence is obtained for these hypotheses using objective data on Equal Employment Opportunity Commission's age discrimination formal complaints about an unbalanced panel of 130 U.S. federal agencies between 2010 and 2019. The empirical evidence underscores the structural challenges to combatting ageism within the U.S. federal government workforce during an era of an intergenerational personnel change.     

Is the government exhausting its powers? An empirical examination of eminent domain exercises in New York City pre- and post-Kelo

A controversial U.S. Supreme Court decision in Kelo v. City of New London (2005) which did not limit the use of state's eminent domain powers, led to an unprecedented legislative reaction by almost all 50 states. Of all, New York State stands out as one of the single states not to respond with a legislative amendment. In this study, I ask whether the state's predation was greater in the years following these legal and political developments, in light of the freedom which was granted to local politicians by both the Supreme Court and the state's legislators. The article hypothesizes that contrary to common perceptions, judicial decisions impact local government actions even when no limits on the use of powers are being posed. I use rigorous statistics and scrupulously defined data to expand scholarly understanding of the aftermath of the judicial decision in Kelo. The main finding is that the decision has in fact affected political behavior, but in the opposite direction than commonly expected: politicians in New York City acted consistently with public opinion, which was hostile too Kelo, not by changing the law, but by changing their practice. Studying all known taking exercises in New York City between 1991 and 2019, the paper finds no increase in the number of development projects involving condemnations after 2005. In fact, the probability of a taking for economic development or urban renewal dropped by 90%. The use of eminent domain for such projects declined even when both state and federal courts refrain from interposing any actual limit on its use. The paper lends qualified support to an alternative assertion that takings decisions by government officials are largely shaped by planning and political needs and that officials are sensitive to revealed public preferences even when there is no constitutional or legal impediment on their exercise of power.     

Federalization with a Constitutional Guarantee to Secession: Controversies,Paradoxes and Imponderables in Ethiopia

Ethiopia's federal design has a number of anomalies interesting for comparative federalism. The explicit right to secede provided to member states has become, however, real political dynamite in the country. This article deals with this right, its constitutionalization, its constitutional and ideological underpinnings, and its practical impacts on federal construction in the country for the last two decades. It challenges the political expediency views on its constitutionalization and argues that the inclusion of the right in the federal constitution is motivated by ideological reasons. By having a look at the powers member states are provided by this ‘generous' constitution, it reveals its staggering paradoxes. As far as the practical impacts of the right are concerned, the hefty controversy the constitutionalization of the right has continued creating in the country, the article argues, is a significant federal nuisance.     

From the rule of law to the rule of rules: technocracy and the crisis of EU governance

This article focuses on two trends emerging through the eurozone crisis, both of which diminish the quality of democracy in the EU and its member states. Firstly, the crisis has led to an increased reliance on non-majoritarian institutions, such as the ECB, at the expense of democratic accountability. Secondly, the crisis has led to a new emphasis on coercive enforcement at the expense of the voluntary cooperation that previously characterised (and sustained) the EU as a community of law. Thus, the ECB’s (over-)empowerment is a synecdoche of a wider problem: The EU’s tendency to resort to technocratic governance in the face of challenges that require political contestation. In the absence of opportunities for democratic contestation, EU emergency governance – Integration through Crisis – oscillates between moments of heightened politicisation, in which ad hoc decisions are justified as necessary, and the (sometimes coercive) appeal to the depoliticised rule of rules.     

THE HEARTLANDS OF AMERICAN GOVERNMENT: RECENT DEVELOPMENTS IN THE US STATES

Abstract: Over recent years the American states have re-emerged as centres of policy innovation and reasserted themselves within the federal system. In contrast, at least until Bill Clinton's accession to the presidency, the federal government has lost the initiative. Indeed, Clinton's accession from what in the past would have been regarded as an obscure southern governorship symbolises the shift of the states to the centre stage of American politics. This article considers the reasons for this shift, stressing the generational change among the governors, the new economic and social challenges faced by the states and the increasing withdrawal of the federal government from the state sphere. In terms of the prospects for the future of American federalism, federal government is likely to withdraw further under Clinton, reversing the trend of earlier Democratic presidencies. Indeed, thanks to the efforts of governors like Clinton, state governments are now better equipped than ever before to shoulder new responsibilities. Their tax base has widened, though many states have faced difficult budgetary situations in the early 1990s. The organisation and structure of most state governments have been modernised, if slowly given the obstacles inherent in the separation of powers. The new breed of governor has a more managerial approach than earlier generations, and contemporary governors have sought to centralise their power within the executive branch. As state legislatures have also asserted their influence over the executive branch, gubernatorial influence has usually been enhanced at the expense of other power centres within the executive.     

Bargaining Power of Smaller States in Germany's Länderfinanzausgleich 1979–90

In this paper we explore the impact of politicalfactors on redistribution across the states in theGerman Länderfinanzausgleich. From a public choiceperspective the smaller states are supposed to have ahigher influence on decisions in the secondlegislative chamber due to a lower shadow price oftheir votes, which implies a higher bargaining power.As the federal government's policy depends on amajority in the second chamber there is an incentiveto buy smaller states' votes. Controlling for GDP percapita, we find statistically significant support forour hypotheses.     

State Capacity,Bureaucratic Politicization,and Corruption in the Brazilian State

Responding to recent articles in Governance highlighting the need for improved measurement of bureaucratic characteristics, this article describes efforts to map Brazil's federal agencies on three dimensions—capacity, autonomy, and partisan dominance—derived from data on more than 326,000 civil servants. The article provides a “proof of concept” about the utility of agency‐level measures of these variables, demonstrating how they relate to an output common to all agencies: corruption. The article provides a first step in the direction of building a comparative research program that offers objective evaluation of bureaucracies within nation‐states, with the intent of better disentangling their impact on governance outcomes.     

The Development of Competitive Industries: The Role of State Government Actors

Despite widespread adoption of Porter's Industrial Cluster Theory as a policy development framework by federal and state governments over the past decade, Australia remains significantly below the OECD average in terms of its industries' economic contributions to real wealth creation ( Brown 2000 ; OECD 1998 ). The major cause cited for this relatively poor performance has been inability of key government officials to implement effective industry policy that simultaneously avoids de facto protectionism and distortion of competition. This article provides an insight into the key policy decisions undertaken by the Tasmanian state government that coincided with development of an internationally successful shipbuilding industry in that state. As such, this article provides a reflection on policy initiatives that may be valuable for government officials elsewhere.     

Conventional Politics for Unconventional Drilling? Lessons from Pennsylvania's Early Move into Fracking Policy Development

The emergence of hydraulic fracturing techniques is generating a dramatic expansion of the development of domestic natural gas resources in the United States and abroad. Fracking also poses a series of environmental protection challenges that cut across traditional medium and program boundaries. Formal constraints on federal government engagement thus far devolve considerable latitude to individual states for policy development. This provides an important test of whether recent scholarly emphasis on highly innovative state environmental and energy policies can be extended to this burgeoning area. Pennsylvania has moved to the epicenter of the fracking revolution, reflecting its vast Marcellus Shale resource and far‐reaching 2012 legislation. This article examines the Pennsylvania case and notes that the state's emerging policy appears designed to maximize resource extraction while downplaying environmental considerations. The case analysis generates questions as to whether this experience constitutes an influential state early mover that is likely to diffuse widely or is instead an aberration in a rapidly diversifying state policy development process.     

Policy learning and change during crisis: COVID-19 policy responses across six states

Whereas policy change is often characterized as a gradual and incremental process, effective crisis response necessitates that organizations adapt to evolving problems in near real time. Nowhere is this dynamic more evident than in the case of COVID-19, which forced subnational governments to constantly adjust and recalibrate public health and disease mitigation measures in the face of changing patterns of viral transmission and the emergence of new information. This study assesses (a) the extent to which subnational policies changed over the course of the pandemic; (b) whether these changes are emblematic of policy learning; and (c) the drivers of these changes, namely changing political and public health conditions. Using a novel dataset analyzing each policy's content, including its timing of enactment, substantive focus, stringency, and similar variables, results indicate the pandemic response varied significantly across states. The states examined were responsive to both changing public health and political conditions. This study identifies patterns of preemptive policy learning, which denotes learning in anticipation of an emerging hazard. In doing so, the study provides important insights into the dynamics of policy learning and change during disaster.     

Not Centralisation but Decentralised Integration through Australia's National Mental Health Policy

This article challenges dominant perceptions of Commonwealth centralisation in Australia's federal system. While recognising the Commonwealth has entered a range of policy fields not anticipated by federal founders, it argues this does not equate to a generalised unidirectional and hierarchical orchestration of state/territory functions. The crucial case of mental health policy is presented as an alternative scenario in Australia's federal experience. Theoretically key challenges from the multi‐level governance literature are proffered against the centralisation thesis. These include queries about the origins of Commonwealth directives and assumptions of zero‐sum notions of state/territory autonomy. Brief empirical analysis highlights the role of the Commonwealth as a conduit of horizontal and vertical flows of knowledge through the national mental health policy agenda. Given disconnect and diversity between national ambitions and their realisation at state/territory level, it is argued better proceduralisation through bottom‐up peer dialogue and feedback present alternative routes towards decentralised integration.     

Niches of agency: managing state-region relations through law in Russia

State-region relations involve negotiations over the power to (re)-constitute local spaces. While in federal states, power-sharing ostensibly gives regions a role over many space-making decisions, power asymmetries affect this role. Where centralization trends may erode regional agency, law can provide an important tool by which regions can assert influence. We examine a case where, in response to a proposed Russian federal law highly unpopular with a regional population, the region's government sought to ameliorate its potential impacts by using opportunities to co-produce the law, amending regional legislation, and strategically implementing other federal and regional laws to protect its territory.     

Why Public Employees Rebel: Guerrilla Government in the Public Sector

Employee recalcitrance and employer reprisal are ever-present conditions in public service. Yet we have limited knowledge of the forces that move administrators away from acquiescence and toward antagonism. The authors follow the theoretical thrust of behavioral public administration to better understand administrative behavior by targeting the determinants of guerrilla government actions. They do so by presenting the results of a conjoint experiment embedded in a survey of federal bureaucrats. Findings show that decisions to pursue guerrilla activities are conditional on a multitude of factors—namely, the bureaucrat's personal views of the directive as a policy solution, the compatibility of the directive with the bureaucrat's ethical framework, the status of the person issuing the directive, and the probability that the directive might cause harm to others. Notably, these decisions generally are not affected by the probability of retribution or the expected type thereof. However, they are affected by the magnitude of harm that may ensue if orders are obeyed and not resisted.     

Employee Engagement as Administrative Reform: Testing the Efficacy of the OPM's Employee Engagement Initiative

Researchers have long recognized administrative reform as a constant feature of American public administration. The employee engagement initiative of the U.S. Office of Personnel Management (OPM) has become one of the most prominent administrative reforms underway in the federal government. Like many reforms, the veracity of claims about this reform have gone untested. This article addresses this gap by testing the relationship between the OPM's employee engagement initiative and agency performance. After establishing the psychometric validity of the OPM's Employment Engagement Index, the authors use a five‐year panel data set of federal agencies and two‐way fixed‐effects regression to test the efficacy of this prominent reform. The analysis shows that efforts to encourage employee engagement generally have the expected relationship with performance, but the relationship varies according to the components that make up the index and the organizational level at which these efforts are expended.     

The Decline of the Legislative Veto: Federal/State Comparisons and Interactions

Legislative veto systems originated in the 1930s. Their numberincreased steadily until the early 1980s and then declined significantly.The decline of the legislative veto is attributable primarilyto decisions by a number of state supreme courts between 1980and 1984, and by the U.S. Supreme Court in 1983. Almost allcourt decisions have held the legislative veto to be an unconstitutionalviolation of the separation of powers. In addition, most proposalsto authorize the legislative veto by state constitutional amendmenthave been rejected by voters. There has also been a decreasein legislators' enthusiasm for the legislative veto, even instates where it has not been declared unconstitutional. Legislatorshave found other ways to control administrative agencies. Inexamining the decline of the legislative veto, one finds thatthe federal government exercised little influence over the states,the states exercised still less influence over the federal government,but the states did significantly influence one another.     

Advising Australian Federal Governments: Assessing the Evolving Capacity and Role of the Australian Public Service

Internationally, there have been persistent complaints that the policy capacity of governments has declined. This critique is widely accepted, including in Australia, but for the most part, such claims are assertions, made without reference to empirical evidence and data. This introduction to the Special Issue examining the Policy Advisory Capacity of the Australian Public Service considers these assertions and proposes an approach and methodology to test the discourse of declining policy capacity in Australian federal government. It introduces six case studies from across the spectrum of the Commonwealth government's responsibilities. The Special Issue concludes with an article by Evert Lindquist and Anne Tiernan assessing the ability of the APS to support decision‐making through its policy advising functions and its preparedness to meet the challenges of 21st century governance.     

Rethinking ‘Five Eyes’ Security Intelligence Collection Policies and Practice Post Snowden

The Edward Snowden leaks challenge policy makers and the public's understanding and perspectives on the role of security intelligence in liberal democratic states. This article explores the challenges confronting security intelligence collection by the ‘Five Eyes’ countries – particularly those most affected by the leaks. We argue that the debate now needs to move beyond simplistic notions of privacy vs. security to a more detailed understanding of the policy and ethical dilemmas confronting policy makers and intelligence agencies. To that end, we provide a schematic framework (methods, context and target) to promote a better understanding of the practical, policy and ethical problems for security intelligence collection emerging post Snowden. The framework is a first step in identifying common principles that could be used develop an ethically informed set of policy guidelines to help decision makers better navigate between citizen's two basic rights: security and privacy.     

The states' scramble for federal funds: Who wins,who loses?

Interstate differences between federal expenditures and receipts are very large, generally favoring the southern and western states. The more slowly growing states of the northeast and midwest point to these imbalances as one source of their economic difficulties. The major source of disparity lies in revenue patterns, not in expenditure allocations. Reallocating federal expenditures on an equal per capita basis would reduce regional disparities in flows of federal funds by only about 25 percent. The principal regional beneficiary of equalized expenditures would be the midwest states of the Great Lakes region. However, contrary to the expectations of proponents of such redistribution, the southeastern states would also be major beneficiaries while the larger states of the mideast and New England would be hurt. Selective expenditure changes might be targeted more effectively to individual regions or states; but finding consistent, generally acceptable principles upon which to base such changes is a formidable problem.     

Portfolio Allocation as Leadership Strategy: Intraparty Bargaining in Japan

How do the dynamics of portfolio allocation work within parties? While much of the existing literature focuses on portfolio allocation among parties in coalition governments, bargaining over cabinet portfolios also takes place within parties because many parties have internal divisions or factions that influence these decisions. By analyzing data on portfolio allocation in the Liberal Democratic Party of Japan from 1960 through 2007, this study demonstrates that, contrary to the proportionality proposition (Gamson's Law), substantial variance exists in allocation outcomes over time because party leaders allocate cabinet portfolios among factions as a means of preventing defections and challenges from their party's members. The resulting portfolio allocation reflects the bargaining dynamics within the party: I find that party leaders surrender more portfolios as they become more vulnerable to challenges posed by internal rivals.     

Mass Administrative Reorganization,Media Attention,and the Paradox of Information

How does media attention influence government decisions about whether to terminate independent administrative agencies? The authors argue that an agency's salience with partisan audiences has a direct effect, but a high media profile can disrupt normal government monitoring processes and obfuscate termination decisions. This argument is evaluated in the context of a recent mass administrative reorganization by the British coalition government using probit and heteroscedastic probit regression models. The evidence suggests that termination is less likely for agencies salient in newspapers popular with the government's core supporters but not those read by its minority coalition partner. We also find that agencies with greater overall newspaper salience as well as younger agencies have a higher error variance.