Litigation and legal evolution: does procedure matter?

Gordon Tullock’s critique of the common law runs against much of the conventional wisdom in the law and economics literature. In this paper we revisit one of the most controversial aspects of Tullock’s critique. By applying Tullock’s own model of rent-seeking to litigation, we study the effect of alternative procedural rules on civil litigation. Our results provide support for Tullock’s controversial critique of the common law, revealing an evolutionary bias in the production of legal rules by courts. We extend the standard litigation model to study the effects of alternative procedural systems on the evolution of the common law.     

Learning from the States? Federalism and National Health Policy

In its 1993 report, the Winter Commission gave direction to the federal government in the area of health policy and Medicaid: lead, follow, or get out of the way. This article examines how the federal government responded to that advice, specifically asking what has happened in the allocation of responsibility in health policies between 1993 and 2006. In short, unlike the suggestion that there be a better‐defined direction in federal–state policy assignments in health, the ensuing years have resulted in more of the same. The authors examine what has happened, particularly focusing on vertical diffusion—where the states have acted first—and on the role of policy learning in federal decision making. They find little recognition of policy learning in recent federal health laws—even in areas in which state experience was extensive. The federal government is leading in some health policies—but it is leading without learning.     

Administrative Reform: Changing Leadership Roles?

Three interwoven change elements characterize New Public Management: substantial horizontal and vertical specialization, substituting an integrated sector model for a fragmented functional model, and extensive use of contracts as part of a make the manager manage kind of incentive system. This article discusses the effects and implications of these reform elements on political-democratic processes in general, and on political, administrative, and public enterprise leadership roles more specifically. Examples from Norway and New Zealand illustrate the discussion.     

Women and Penal Reform: Two Steps Forwards,Three Steps Backwards?

Since publication of the Corston Report in 2007, initiatives with regard to women and criminal justice in England and Wales have been marked by positive steps on the one hand, but reversal and failure on the other. A central element to this narrative has been the enthusiastic development of community‐based services for women, only to be followed by the subsequent dissipation of government energy, a diminution of interest, and a decline in funding. In this article, some of the complexities of the reforms are considered, a detailed reading is provided of the various initiatives as an historical record, and the context(s) in which the steps forward and backward can be understood is reflected on. In light of the evidence, it is argued that if women's centres are to be successful in facilitating and supporting movements away from crime, then there is an urgent need for a consistent strategy derived from evidence‐based research and experience.     

Conclusion: The Future of Belgian Federalism—Between Reform and Swansong?

This article summarizes the main arguments of the special issue. It also probes into the deficiencies of the Belgian federal system and argues that the most recent crisis of Belgian federalism (2007–11) is not the result of rising socio-economic differences between Flanders and Wallonia, but the consequence of building a bipolar federation on to a split party system. The article concludes by identifying some potential roadmaps (federal reform, confederalism, and the referendum) for the future.     

Rural and Regional Policy: A Case of Punctuated Incrementalism?

The rural policy environment has many of the conditions that might suggest a tendency towards punctuated equilibrium. The Commonwealth has little direct power over rural space and industries, there has been a long tradition of state support for agriculture and decision‐making has generally been kept within a tight policy community, dominated by rural interests. In our review of the PAP data and policy history, we find instead an underlying movement across time and governments towards an expectation of self‐reliance for rural businesses and communities. On top of the long‐term incremental movement towards this expectation, issue attention has shifted according to political, climatological and market conditions, rather than necessarily in line with changes in policy content.     

Diagnosising the Identity Crisis of Culture: Are We Learning Nothing from History?

Abstract

This paper argues that we should think of culture and identity as separate concepts, involving distinct objects of enquiry. Whilst identity based theories tend to tell fragmented stories about culture and become overly concerned with difference and particular subjectivities, this paper claims that cultures emerge from a process of internal negotiation which requires only coherence and not homogeneity. In other words, members of cultures need not share all their features in order to be genuine members.     

Success and Failure in Public Policy: Twin Imposters or Avenues for Reform? Selected Evidence from 40 Years of Health‐care Reform in Australia*

In explaining policy reform, there is a tendency to assume that causes and outcomes are temporally contiguous and that the consequences of reform efforts unfold quickly. There is no obvious reason, theoretical or empirical, why this should be the case when considering the relationships between policy failure and policy success. This paper considers why and how policy failures may be causally linked to future policy events in sequences over extended periods of time. In particular, this paper focuses on the different mechanisms that might connect assessments of policy failure and subsequent reform success. Empirically, it draws on selected evidence from patterns of policy failures and successes in Australian health policy over a 40‐year time period.     

Mid Staffordshire: a Case Study of Failed Governance and Leadership?

The public inquiry chaired by Robert Francis QC into failings of care at the Mid Staffordshire NHS Foundation Trust made 290 recommendations about matters including: standards of patient care in the National Health Service (NHS); organisational culture and leadership; the use of data and information; the need for greater openness; and compassionate and committed nursing. In this paper, we argue that Mid Staffordshire represented a profound failure of governance and leadership. We use findings from a national research study to analyse the response made by the boards and leadership of NHS hospitals to the inquiry recommendations, setting out the repertoire of board roles and behaviours required for the governance of safe and effective care.     

The Twilight of Westminster? Electoral Reform and its Consequences

The UK political system has long exemplified 'majoritarian' or 'Westminster' government, a type subsequently exported to many Commonwealth countries. The primary advantage of this system, proponents since Bagehot have argued, lie in its ability to combine accountability with effective governance. Yet under the Blair administration, this system has undergone a series of major constitutional reforms, perhaps producing the twilight of the pure Westminster model. After conceptualizing the process of constitutional reform, this paper discusses two important claims made by those who favor retaining the current electoral system for Westminster, namely that single-member districts promote strong voter-member linkages and generate greater satisfaction with the political system. Evidence testing these claims is examined from comparative data covering 19 nations, drawing on the Comparative Study of Electoral Systems. The study finds that member-voter linkages are stronger in single member than in pure multimember districts, but that combined districts such as MMP preserve these virtues. Concerning claims of greater public satisfaction under majoritarian systems, the study establishes some support for this contention, although the evidence remains limited. The conclusion considers the implications of the findings for debates about electoral reform and for the future of the Westminster political system.     

Relationships between Policy Academics and Public Servants: Learning at a Distance?

The cultures and practices of the public service and academic researchers are very different. However, there are areas of common interest in policy and governance, and some potential for building closer relationships. Public servants make direct use of academic research only in exceptional circumstances. Nevertheless, there are other ways in which academic expertise can be useful and influential. This article surveys the international literature on the ways in which practitioners make use of external expertise, including academic research. It also considers whether the heightened interest in ‘evidence‐informed policy’ might provide avenues for mutual influence between practitioners and academics.     

Can Comprehensive Immigration Reform Be Both Liberal and Democratic?

Social Science and the Public Interest

Social Science and the Public Interest March/April 2010     

A Case Study in ‘Institutionalisation before Liberalisation’: Lessons from Bosnia and Herzegovina

Abstract

International attempts to build a sustainable peace in Bosnia and Herzegovina have come close to the recommendations of Roland Paris’ conceptual framework of ‘Institutionalisation before Liberalisation’. The international peace mission in Bosnia has, through this approach, largely succeeded in dampening the dangers posed by the democratization process. This is clearly indicated by progress in stabilizing the civil peace and in democratization. However, this study of international policy highlights that, while the general policy approach of the ‘Institutionalisation before Liberalisation’ framework is a sound one, it is important to caution that care must be taken to avoid negative and unintended consequences.     

Increasing Turnout: A Compelling Case?

Recently several thinkers have endorsed compulsion or other measures to increase turnout and revitalise democracy. This article argues that such measures are misguided, because lower turnout (even if unequal across social groups) is not necessarily undemocratic – indeed, it may serve democratic values by, for example, making it more likely that decisions really are made by the relevant constituency, with those most affected getting more say. Encouraging others to vote, or even to turn out, runs the risk of distorting electoral outcomes. If there is no clear democratic case for compulsion, then we should not risk even small limits on individual liberty.     

Intelligence,crises and security: Lessons from history?

The scholarly study of intelligence has grown steadily into what is now a distinct sub-field of history and political science. Recent events – notably jihadist attacks on the US, Spain and the UK and the war on Iraq and its aftermath – have generated debate and controversy about the use and representation of intelligence. A plethora of official inquiries have fuelled debates into the ‘intelligence failures’ involved. This essay explores how lessons might be learned from the history of intelligence for contemporary debates and controversies. An overview of the issues includes discussion of how different approaches are apparent between American and British perspectives. Challenges and opportunities for applying lessons from the past are explored and a case is made for greater engagement between academia and officialdom.     

Learning in Denmark? The Case of Danish Parliamentary Control over European Union Policy

The Danish parliament is renowned for its influence over Danish European Union (EU) policy. Contrary to popular belief, this strength is now in question. The most central feature of the Danish EU decision‐making model is parliamentary control over the executive expressed in political mandates before Council meetings. In 1973, this was a perfectly reasonable way for the Danish parliament to influence EU policy. Today, the status of the Council has changed, severely challenging the ability of the Danish parliament to secure influence over EU policy. This article demonstrates that the Danish European Affairs Committee is aware of the changes in European decision‐making, and that the lack of adaptation, despite this knowledge, is due to structural and cultural barriers to learning in the Danish Folketing. This study reveals that our understanding of particular responses to the pressure of Europeanization is enhanced when the conditions for learning and ‘non‐learning’ are spelled out.     

Resistant to Change? The European Commission and Expert Group Reform

This article examines how the European Commission has responded to external criticism and demands for the democratisation and reform of the way it uses expert groups in EU policy making. The article analyses the nature and character of the Commission’s dialogue with its critics and the degree and extent to which it was prepared to adapt its existing internal processes and procedures to the reform agenda. Recent theories inform us that organisations respond in different ways to external criticism and demands for reform, including full adaptation, evasion, institutional decoupling and reinterpretation. The main findings suggest that the Commission was not completely resistant to changing its approach to the use of expertise. The Commission reinterpreted its critics’ demands by introducing reforms that defused this external pressure, while protecting the effectiveness of its existing internal ideology and processes. These findings serve to enhance the Commission’s image as an increasingly normalised bureaucracy and reinforce the importance of knowledge and expertise as a key source of Commission legitimacy.     

From Welfare to Work: Has Welfare Reform Worked?

This paper discusses estimates of the effect of welfare reform,as measured by the imposition of time limits and family cap provisions, on the employment and fertility of less educated unmarried women. This analysis shows that welfare reform has induced less educated unmarried women to move from welfare to work in significant numbers. The imposition of time limits and other administrative reforms correlated with it have increased the employment of unmarried women with 12 or fewer years of education by an estimated 363,171, approximately 28 percent of the decline in welfare caseloads for this group since 1994. Furthermore, evidence shows that women who have left welfare for employment worked approximately 29 hours per week, which even at low wages may significantly improve their financial status relative to public assistance. However, little evidence can be found to show that the imposition of time limits and family caps affect the fertility of less educated unmarried women. © 2001 by the Association for Public Policy Analysis and Management.