Policy process perceptions of senior Canadian federal civil servants: a view of the state and its environment

Abstract: Based on interviews with senior civil federal civil servants in Ottawa, perceptions of various actors' influence on public policy are examined. It is hypothesized that perceived influence patterns will change as one moves across the major phases of the policy process. Although it is expected that actors within the state will be of primary importance throughout the process, it is also expected that the relative importance of actors outside the state will increase as one moves from forming a policy agenda and selecting policy towards policy implementation. This should be particularly true of the perceived influence of private companies. Despite this change in perceived levels of influence of state versus non-state actors, the structure of correlation patterns for perceived influence patterns will probably not change dramatically from one policy process phase to the next. Results are also presented pertaining to the actual interaction patterns of the civil servants who were interviewed, as well as the relation between interaction and perceived influence. It is expected that there will be positive relations between these two types of variables but that direct interaction will not consistently explain the majority of variation in perceived influence variables. Sommaire: À la suite d'entrevues avec des hauts fonctionnaires fédéraux à Ottawa, on examine ici les perceptions quant à l'influence de divers intervenants sur les politiques gouvernementales. On prend pour hypothèse que ces perceptions évolueront à mesure que l'on avance d'une grande étape à l'autre dans le processus de définition des politiques. On s'attend à ce que les intervenants étatiques jouent un rôle primordial tout au long du processus, mais aussi à ce que le rôle relatif des intervenants extérieurs au gouvernement prenne de l'ampleur lorsqu'on passe de l'établissement d'une liste de politiques au choix des politiques elles-mêmes et, en?fin, à la mise en oeuvre de ces politiques. Ceci devrait s'appliquer tout particulièrement à la manière dont on perçoit l'influence des sociétés privées. Malgré ce changement du niveau d'influence perçu entre les intervenants gouvernementaux et les nongouvernementaux, la structure corrélative des influences perçues ne changera probablement pas de façon dramatique d'une étape à l'autre du processus d'élaboration des politiques. On présente également des résultats concernant l'interaction effective des fonctionnaires interviewés, ainsi que le rapport entre cette interaction et l'influence perçue. On prévoit des rapports positifs entre ces deux groupes de variables, mais aussi que l'interaction directe ne saurait expliquer de manière cohérente la plupart des variations dans les variables de l'influence perçue.     

Examining the predictors of juvenile probation officers' rehabilitation orientation

According to the importation model, individual attributes such as gender and race influence correctional orientation. In contrast, the work/role model contends that differences in correctional orientation are due to work experiences and environment. The purpose of the present study was to explore whether individual attributes, work-related experiences, and perceptions of one's own cultural competency and juveniles' social supports predicted rehabilitation orientation for one hundred juvenile probation officers working within an organization framework that favored a balanced approach to juvenile justice. Multiple regression results indicated that the importation variables were not predictive of rehabilitation orientation, either as a set or individually. The work/role model and the perception variable sets predicted rehabilitation orientation. Employment type and perceptions of social support were most strongly related to rehabilitation orientation. The study's unique contribution stems from its use of unordered sets analyses to examine the relative validity of theoretical grounded sets of variables.     

New Perspectives from the Oldest Profession: Abuse and the Legal Consciousness of Sex Workers in China

Although prostitution is illegal, millions of women sell sex in China. In the process, they experience significant abuse and harm at the hands of clients, madams, pimps, the police, and health officials. This article examines the legal consciousness of Chinese sex workers through their interpretations of these abusive experiences. It reveals how they think and talk about them, and how their reactions sometimes translate into concrete actions. My evidence shows that sex workers name abuse as harmful, blame others for it, and occasionally make claims. They also have strong opinions about prostitution policies, and the relationship between these regulations and their experiences of abuse. These findings place scope conditions on previous theories of marginalized people and the law, which suggest that powerless individuals perceive a more peripheral role of the law in their lives. In addition, this evidence enriches our understanding of legal consciousness in China by showing how debates around the concept apply more broadly than previously recognized.     

The business of bribery: Globalization, economic liberalization, and the “problem” of corruption

This paper is intended as a critical response to the emerging consensus within both academic and policy literatures that we are currently facing an epidemic of corruption which threatens to undermine the stability of economic and political development on both a national and global scale, and which requires both immediate and wide-ranging policy interventions. Based on a review of the publications and policy statements of the leading anti-corruption crusaders — namely the OECD, the IMF, and the World Bank — it will be argued that the recent concern with corruption is attributable, not to any substantive increase incorrupt practices, but rather, to the re-framing of corruption in light of broader shifts and transformations within the global economy. This revised version was published online in July 2006 with corrections to the Cover Date.     

Commercial speech and off-label drug uses: what role for wide acceptance, general recognition and research incentives?

This article provides an overview of how the constitutional protections for commercial speech affect the Food and Drug Administration's (FDA) regulation of drugs, and the emerging issues about the scope of these protections. A federal district court has already found that commercial speech allows manufacturers to distribute reprints of medical articles about a new off-label use of a drug as long as it contains disclosures to prevent deception and to inform readers about the lack of FDA review. This paper summarizes the current agency guidance that accepts the manufacturer's distribution of reprints with disclosures. Allergan, the maker of Botox, recently maintained in a lawsuit that the First Amendment permits drug companies to provide "truthful information" to doctors about "widely accepted" off-label uses of a drug. While the case was settled as part of a fraud and abuse case on other grounds, extending constitutional protections generally to "widely accepted" uses is not warranted, especially if it covers the use of a drug for a new purpose that needs more proof of efficacy, and that can involve substantial risks. A health law academic pointed out in an article examining a fraud and abuse case that off-label use of drugs is common, and that practitioners may lack adequate dosage information about the off-label uses. Drug companies may obtain approval of a drug for a narrow use, such as for a specific type of pain, but practitioners use the drug for similar uses based on their experience. The writer maintained that a controlled study may not be necessary to establish efficacy for an expanded use of a drug for pain. Even if this is the case, as discussed below in this paper, added safety risks may exist if the expansion covers a longer period of time and use by a wider number of patients. The protections for commercial speech should not be extended to allow manufacturers to distribute information about practitioner use with a disclosure about the lack of FDA approval. Distributions of information about unapproved uses should not be acceptable unless experts consider the expanded use to be generally recognized as safe and effective based on adequate studies. The last part of this paper considers the need to develop better research incentives to encourage more testing and post-market risk surveillance by drug makers on off-label uses of their drugs. Violations of the Federal Food Drug and Cosmetic Act (FFDCA) can be considered violations of the False Claims Act, which opens the way to fraud and abuse suits. The scale of penalties involved in these suits may lead to more examination of the scope of FDA regulation and commercial speech protections. Thus this symposium's consideration of these issues is timely and important.