Taking enforcement on its own terms: EPA's heavy‐duty diesel engine litigation

The authors of Regulation by Litigation characterize the US Environmental Protection Agency (EPA)'s enforcement action against diesel engine manufacturers as an effort to achieve by litigation what the Agency was unable to achieve by regulation: immediate reductions in emissions of nitrogen oxides. By substituting litigation for rulemaking, the authors of the book argue, the Agency avoided political and judicial accountability and put itself on a suboptimal policy track. This comment argues that the diesel engine litigation may be better understood as what it purported to be, an enforcement action, not rulemaking in disguise. The authors' characterization of the litigation is questionable on at least two grounds. First, it fails to fully appreciate the distinct functions of enforcement and policymaking in a regulatory setting. The goal of enforcement is not primarily to make policy, but to enforce it – to punish violators, deter future violations, and mitigate harms caused by violations. That goal supplies the proper measure of the litigation's success. Second, in applying public choice analysis to create a story of agency circumvention of appropriate rulemaking procedures, the authors' account misses key features of how agency enforcement decisions are made – and were made in this litigation. This latter shortcoming raises broader questions about the difficulties of applying public choice analysis in complex institutional settings.     

The Importance of Subjective Data for Public Agency Performance Evaluation

Evaluating public agency performance has typically been based on objective measurements. However, some researchers contend that evaluation is not complete without considering client perceptions of agency performance. This study supports combining subjective client perceptions with objective data in the evaluation process. Survey results and internal performance data are examined for a state agency charged with investigating citizen disputes with utility companies. Regression analyses show that the factors that most influence the client’s satisfaction with agency performance are the client’s perception of how long it took to resolve the dispute, based on survey results, and whether the case was decided in the client’s favor, from the agency’s internal records. The “real” resolution time recorded in the agency’s information system was not significant. These results indicate that subjective data provide valuable information for evaluating agency performance.     

When does the multiple principals hypothesis hold? The politics of U.S. agency policymaking autonomy

When the bureaucracy's political principals hold different preferences for policy, does this increase the bureaucracy's policymaking autonomy? Existing theory strongly suggests “yes.” We, however, argue that this pattern will materialize only when the bureaucracy's principals are all on the same side of the political divide. (i.e., unified government). Using data gathered from the American states at two time points, we capture preference divergence by measuring the ideological distance between the bureaucracy's key political principals—legislators, governors, and courts—on the common left–right dimension. We measure policymaking autonomy through multi-faceted surveys of state agency leaders. In keeping with our argument, we demonstrate that greater preference divergence across the bureaucracy's principals is associated with increased agency policymaking autonomy under unified—but not under divided—government. The results shed new light on when, and why, the bureaucracy's political principals may provide an oversight check on the policymaking power of the modern administrative state.     

Government Reform,Political Ideology,and Administrative Burden: The Case of Performance Management in the Bush Administration

This article examines how ideological differences between political officials and agencies may have affected the implementation of an ostensibly nonpartisan, government‐wide administrative initiative: the George W. Bush administration's Program Assessment Rating Tool (PART) review of federal programs. The analysis reveals that managers in agencies associated with liberal programs and employees (“liberal agencies”) agreed to a greater extent than those in agencies associated with conservative programs and employees (“conservative agencies”) that PART required significant agency time and effort and that it imposed a burden on management resources. Further analysis reveals that differences in reported agency effort can be explained partly by objective differences in the demands that PART placed on agencies—liberal agencies were required to evaluate more programs and implement more improvement plans relative to their organizational capacity—and partly by the ideological beliefs of employees—on average, liberal managers reported more agency effort, even after accounting for objective measures of administrative burden.     

Reconciling cultural diversity with a democratic community: Mestizaje as opposed to the usual suspects

A fascinating development within the liberal‐communitarian debate is how to deal with cultural diversity in increasingly heterogeneous democracies. Particularly noteworthy are Will Kymlicka's recasting of liberalism to deal with cultural minorities, especially the indigenous peoples of Canada and Charles Taylor's and Michael Walzer's articulation of a ‘deep diversity’ with regard to the federal relationship of Quebec to Canada as a whole. Both approaches, though, insufficiently address how combinations of cultures have been underway in the Americas for the past 500 years. Instead, I contend that mestizaje, the combination of cultures which has ensued in Mexico and the United States Southwest, articulates a ‘unity in diversity’ in which cultures transform each other without culminating in assimilation. To bolster my exegesis of mestizaje from the works of the Virgil Elizondo and Gloria Anzaldua, I accent how Jeremy Waldron's cosmopolitanism, Iris Marion Young's relational group theory, and Homi Bhabha's hybridity similarly illustrate how proposals such as Kymlicka's or Taylor/Walzer's insufficiently incorporate how integral heterogeneity is to cultural identity. In view of how ‘the border’ between the United States and Mexico exemplifies the growing intersection of diverse cultures from the developed and developing world, mestizaje offers that the intersection of multiple cultures in collaborative—not hegemonic—relations is intrinsic to realizing democratic citizenship.     

Embedded in Social Cleavages: An Explanation of the Variation in Timing of Women's Suffrage

Under which conditions did introduction of women's suffrage occur before the First World War (early), and when only after the Second World War (late)? This article analyses necessary and sufficient conditions to explain both early and late introduction of women's suffrage in 14 Western European countries using Rokkan's cleavage theory, which distinguishes between four cleavages: religious, ethnic‐linguistic, class and sectoral. In addition to testing Rokkan's cleavage theory, this study adds a structural dimension to agency‐based studies on the role of the women's movement, which helps to explain why some such movements had much earlier success than others. Finally, this article advances the democratisation literature that takes the timing of the introduction of male suffrage as a proxy for the timing of the introduction of women's suffrage, as the timing of the introduction of male suffrage does not necessarily mean early introduction of women's suffrage. Based on fuzzy‐set qualitative comparative analysis (fsQCA), the article shows that the absence of an ethnic‐linguistic cleavage is a necessary condition for early introduction of women's suffrage. Moreover, the fuzzy‐set analysis highlights that the absence of a religious cleavage combined with a class cleavage or a sectoral cleavage combined with the absence of a class cleavage is sufficient for early introduction of women's suffrage. Concerning late introduction of women's suffrage, it is the combination of a class cleavage with a religious cleavage or the presence of an ethnic‐linguistic cleavage in the absence of a sectoral cleavage that prove to be sufficient.     

Government Has No “Religious Agency”: James Madison's Fundamental Principle of Religious Liberty

Religious liberty has reemerged as a problem in liberal democracy. For guidance we can turn to James Madison. Unfortunately, his fundamental principle of religious liberty has been misunderstood. Madison believed that power over religious conscience always remains with the individual, which means that government never has a power to attempt to cause or prohibit religious opinions or profession and only has the power to prohibit religious practices that are “adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Madison's fundamental principle of religious liberty is therefore that government has no “religious agency.” In matters of religious establishment, “no agency” means that government lacks even the power to cognize religious opinions or practices. But in matters of free exercise, “no agency” means that government can accommodate citizens’ religious consciences, even if that accommodation requires cognizing their religious opinions. An important but widely overlooked example of Madison's complex but principled approach to religious liberty is his 1790 proposal for a statutory exemption from federal militia service for religious objectors.     

A Capacity for Central Coordination: The Case of the Department of the Prime Minister and Cabinet

For the Department of the Prime Minister and Cabinet (PM&C) the year 1987 can now be seen as pivotal in marking a clear end to a period of transition in coordinating structures in the Australian Public Service (APS) that had lasted roughly 20 years. The abolition in 1987 of the Public Service Board, formerly a powerful coordinating agency, is the most obvious marker of the change. The PSB's departure left the Secretary of PM&C with a role that is now often described as ‘head of the public service’. More broadly, the 1987 changes to the machinery of government both formalised and enabled a sea‐change in PM&C's role. Before 1987 a large policy initiation and development project would usually have been considered as beyond PM&C's scope. Since then, extensive and direct policy development work by PM&C has become common. The continuing debates have been over whether PM&C actually delivers in these roles (an empirical question) and how far it should play them (a normative issue). In this article we itemise the capacity, both continuing and developing, which PM&C has to support policy development. Traditional coordination mechanisms are an important part of this armoury and PM&C has long experience of most of them. However policy initiation and development calls for other tools which PM&C has had to develop over the past few decades. There is scope for conflict between the coordination and initiation/development roles. Understanding how a central agency like PM&C carries out each of them and balances the two can potentially contribute to debates on organisational design. We also address the normative issue: whether the growth of prime ministerial impact is a result of an increase in public service support or a cause of its increase ( Walter and Strangio 2007 ) and whether it should be restrained. We accept that the new developments give prime ministers the capacity to oversee policy arenas where once they could not, but regard this as a consequence as much of demand from above as of ambition within the department.     

Separated Powers in the United States: The Ideology of Agencies,Presidents, and Congress

Government agencies service interest groups, advocate policies, provide advice to elected officials, and create and implement public policy. Scholars have advanced theories to explain the role of agencies in American politics, but efforts to test these theories are hampered by the inability to systematically measure agency preferences. We present a method for measuring agency ideology that yields ideal point estimates of individual bureaucrats and agencies that are directly comparable with those of other political actors. These estimates produce insights into the nature of the bureaucratic state and provide traction on a host of questions about American politics. We discuss what these estimates reveal about the political environment of bureaucracy and their potential for testing theories of political institutions. We demonstrate their utility by testing key propositions from Gailmard and Patty's (2007) influential model of political control and endogenous expertise development.     

Appropriations Politics in Congress: The House Appropriations Committee and the Executive Agencies

In the topsy-turvy world of congressional budgeting, last year's analysis is often out of date this year. How, then, could a work as old as most college sophomores have any relevance today? Richard Fenno's The Power of the Purse is a classic that passes the most challenging test of all time. Despite the very significant changes that have occurred in the congressional budget and appropriations processes, more than mere historical interest is to be found in Fenno's masterful study. While there are many relevant parts of the book, the following selection is from Fenno's exploration of the interplay between agency budget officials and the appropriations subcommittees. It was a pleasure to read these chapters again and I suspect that many other readers will be surprised at how insightful and fresh the study remains.     

Organizational Response to Changing Demands: Predicting Behavior in Donor Networks

The integration of resource dependence theory and a network perspective results in a parsimonious “strategic response model” for the organizational responses of exit, voice, loyalty, and adjustment. Four cases illustrate the model's application to nonprofit organizations by focusing on relations with a government aid agency that switched funding priorities. The model helps explain why networks of recipients of funding may change over time and predicts organizational responses to changing demands from resource providers.     

Agency Leaders, Gendered Institutions, and Representative Bureaucracy

This study examines three central questions: Do women state agency heads establish priorities that advance women's interests more frequently than men agency heads? Among state agency heads with women‐related top priorities, are there systematic differences between women and men in the influences on their priority choices? Do the organizational and political contexts in which agency leaders work explain variation in policy priorities? Analysis of data from a national survey of women and men department heads reveals that working in a redistributive agency affects whether a leader pursues a women‐centered policy agenda, regardless of the leader's gender, other personal characteristics, or reported influences on priority choice. The authors conclude that the way representative bureaucracy actually plays out can be more fully understood if the tenets of social science theory on gendered institutions are incorporated into analyses of how representative bureaucracy works.     

Questioning Kaufman: How Cross‐Level Political Coalitions Interact with Organizational Structure

Herbert Kaufman's The Forest Ranger is considered a landmark study of how organizations can be structured to elicit compliance from field officials, yet there have been few attempts to validate Kaufman's claims. The author argues that the outcomes observed by Kaufman resulted from interplay between organizational structure and political context—a variable that Kaufman ignored. This argument is supported by case studies of two agencies with structures similar to Kaufman's U.S. Forest Service but poorer outcomes: the same agency today and India's forest departments. Both differences in organizational structure and poorer outcomes are found to be the result of political context. Specifically, coalitions assembled around agencies use the implementation process to shape outcomes in ways that could not be accomplished solely through changing laws or formal administrative structure. This points to the importance of building supportive field‐level coalitions to complement administrative reforms.     

Neoliberal feminism as political ideology: revitalizing the study of feminist political ideologies

Abstract

The emerging literature on neoliberal feminism appears to signal the revitalization of the study of feminist ideologies, suspended since the mid-1980s. However, it is argued here that scholars tend to conceptualize neoliberal feminism in a way that inhibits ideological analysis, as exemplified in Nancy Fraser’s Fortunes of Feminism. They take classifications of feminist political ideologies from the 1980s as representative of the only true feminisms, and thus view neoliberal feminism as a perversion, rather than an outgrowth, of earlier feminisms. This account of the emergence of neoliberal feminism is both historically inaccurate and politically problematic: it positions feminists as passive in the face of an overpowering neoliberal agency, and limits feminists’ capacity to imagine themselves as agents of political and ideological change. Building on Michael Freeden’s work on political ideologies, an alternative account of neoliberal feminism is offered, one that locates feminist agency in the production of new feminist ideologies.     

Performative Bodies,Tactical Agents and Political Selves: Rethinking the Political Geographies of Childhood

Theoretical elaboration and conceptualisation of children's political geographies is presently in a state of modification. Since the concepts of childhood and politics are not commonly brought together, there is plenty of work to be done. This article concentrates on revealing some political aspects of childhood and bringing up other focal questions concerning children's political geographies. Special attention is paid to children's agency and tactics to reach a better understanding of their ways of participating in politics. The theoretical foundations for this paper are in critical social theory. Following the thoughts of Michel Foucault, Pierre Bourdieu, Michel de Certeau and Nigel Thrift on the potentials of non-representational theory, it explores performativity and body politics in general.     

Credibility,Complexity and Uncertainty: Explaining the Institutional Independence of 29 EU Agencies

The delegation of policy-making tasks to EU agencies and their remarkable growth in number over the past two decades mark a striking new development in the EU's institutional make-up. While most of the nascent literature on the EU's ‘agencification’ addresses the conditions for agency creation and the implications of agency governance from the perspective of democratic accountability, there is a lack of empirical research systematically scrutinising the institutional structure and degree of formal-institutional independence of these agencies. This article offers a comprehensive empirical assessment and measure of the variation in institutional independence displayed by the entire set of 29 EU agencies operating under the EU's three pillars and tests hypotheses explaining variation in formal independence among agencies.     

Does Family‐Friendly Policy Matter? Testing Its Impact on Turnover and Performance

This study investigates the relative effects of four types of family‐friendly policies—child care subsidies, paid leave for family care, telework, and alternative work schedules—on turnover rates and effectiveness in federal agencies. Contemporary social exchange theory predicts that an agency’s average level of satisfaction with a specific family‐friendly policy is negatively associated with turnover in the agency but positively associated with overall performance. This analysis differs from common expectations. Only child care subsidies show a positive, significant influence on reducing turnover. Child care subsidies and alternative work schedules reflect positive and significant influences on agency effectiveness. Ironically, an agency’s average satisfaction with telework arrangements proves to be a significant but negative effect on performance.     

Gender and the Personal Shaping of Public Administration in the United States: Mary Anderson and the Women's Bureau, 1920–1930

Scholars of public administration in the United States traditionally view the 1920s as a decade when the administrative orthodoxy, emphasizing efficiency and organizational structure, dominated the field. This viewpoint recently has been challenged by arguments that the social justice–oriented views of women progressives and the philosophy of pragmatism also influenced public administration. However, no one has examined how women public administrators implemented exceptions to the prevailing, masculine viewpoints of administrative objectivity and the strict dichotomy between politics and administration during the 1920s. Using Mary Anderson (1872–1964), the longtime director of the U.S. Department of Labor's Women's Bureau, as a case study, this article examines how her experiences as a woman worker and labor organizer influenced her advocacy of an alternative view of public administration, and how, from 1920 through 1930, she established the Women's Bureau within the prevailing orthodoxy yet also made the government agency a notable exception through its vigorous support of social justice feminism, particularly during and after the 1926 national Women's Industrial Conference.