How Strong Should Our Party Be? Party Member Preferences Over Party Cohesion

In this article, we seek to explain when and why political parties pressure their members to vote with the party. We model party cohesion as an endogenous choice of preference alignment by party members. Couched in Krehbiel's (1996, 1998) pivotal politics model, the formal theory advanced here shows party cohesion to be related to the initial preference alignment of party members, the divergence in preferences between parties, the cohesion of the opposing party, the party's size, and the party's majority or minority status. We solved the model analytically for generalized‐partial equilibrium results and further analyzed it through computer simulations. We tested the model's predictions in the U.S. Senate using Rice party cohesion scores from the 46th through 104th Congresses. The data analyses show strong support for this theory of endogenous choice of party pressure.     

Juvenile Waiver 2003: Where Are We Now?

Juvenile waiver has received much attention from the public, practitioners, and scholars during the last decade. Prior studies have documented the increased use and effects of waiver. In this study we examine the current state of the law regarding juvenile waiver. We replicate a 1995 study of state waiver statutes and detail the changes in prosecutorial, judicial, and legislative waiver since 1995. While the juvenile crime rate has slowed, legislatures' fascination with waiver has increased. In less than 10 years, the number of states utilizing prosecutorial waiver has increased 25%, 27 states have modified their judicial waiver statutes, and 30 states have modified their legislative waiver statutes.     

Partisan Turnout Bias in Midterm Legislative Elections

Abstract: Lower salience elections present greater opportunities for representational bias at the polls than do elections with higher levels of political interest. We hypothesize that turnout bias is most likely to occur during midterm congressional elections in which there are clear short‐term forces that exploit the low turnout setting. The effects of these forces are more likely to be observable among registered nonvoters than citizens who are not registered to vote because registrants have access to the polls and are likely to have voted in previous presidential contests. Using midterm National Election Study data from 1978 to 1998, we find that registered nonvoters are frequently more Democratic than midterm election voters, particularly in 1994 and 1998. The historic 1994 congressional election seat losses for Democrats may be partially explained by the finding that voters going to the polls were clearly more conservative than registered nonvoters.     

DESIGNING CONTRACTS FOR COMPLEX SERVICES

In this article, we employ transaction cost economics and the contingency stream of organization theory to answer two related questions. First, when contracting for complex services, do governments design contracts for flexibility? Second, is the contingency perspective relevant to understanding contract design? Examining 130 professional service contracts awarded by state government agencies in the USA, we find that task complexity and task unpredictability, two dimensions of task uncertainty, increase the probability of flexible governance. This research highlights for managers the important fact that the potential for opportunism and task complexity are different sources of uncertainty that pose different challenges and call for different governance solutions. The study enriches our understanding of transaction costs by probing the conditions under which task uncertainty matters most (and least), and further shows the utility of integrating transaction cost economics with contingency theory to better understand contract governance.     

ASSESSMENTS OF RISK AND BEHAVIORAL EXPERIENCE: AN EXPLORATORY STUDY OF CHANGE

This study examines the relationship between assessments of the risk of punishment and self-reported involvement in three illegal behaviors in a sample of college-aged respondents. It is found that those respondents who had not yet committed a particular offense were more likely to perceive a greater certainty of punishment than those with experience in committing the offense. For two of three offenses the effect of becoming involved in offending had a more substantial impact on the perceptions of those respondents with both experience in offending and high perceived certainty of punishment than on those who had experience and less pessimistic estimates of risk Finally, a multivariate analysis of the relationship between behavioral and perceptual change reveals that each variable affects the other even when other sources of change are controlled. The importance of the findings for the deterrence doctrine are discussed.     

Managers as Third-Party Dispute Handlers in Complaints about Hospitals*

Drawing on a study of 399 hospital complaints entering the National Health Service's formal complaints procedure and twenty-five interviews with managers who deal with complaints, this paper reviews the nature of the roles played by the managers. Emphasis is placed on the variety of roles they adopt according to the nature of the complaint made, the person complained about, and the implications of the allegations. The managers, viewed as important legal actors in the management of disputes, are also representatives of the organization being complained about. The implications of this are explored in the context of their claims to be able to adopt independent or impartial third-party dispute resolution roles.