The theory of economic regulation and public choice and the determinants of public sector bargaining legislation

In this study we used the theory of economic regulation and public choice to derive a model to explain the pattern of public sector bargaining laws among the states. We find this type of legislation is influenced by the following demand factors: (1) the extent of public sector union membership, which represents the interest group hypothesis, has a positive influence on pro-union legislation; (2) the extent of employer opposition to unions, as measured by unfair labor practice charges against employers in representation elections, has a negative effect on bargaining laws; (3) two taste variables — the salaries of public employees and the percent of nonwhite employment in the state — have a positive influence on these laws. A result which will be surprising to many people is that the extent of private sector union membership has no significant influence on the passage of public sector bargaining legislation.Our empirical analysis indicates that supply factors are also important in explaining the pattern of public employee bargaining laws across the state. We find that states are more likely to enact pro-union legislation under the following conditions: (1) constituents appear to hold pro-labor views as represented by their Congressmen's voting record; (2) neighboring states have passed mandatory bargaining laws; and (3) when competition is greater among the political parties.     

The United States Supreme Court and the death penalty since Furman: The settlement of basic issues

In 1972 the United States Supreme Court in Furman V. Georgia found that the death penalty as it was then being applied was cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments of the United States Constitution. Furman provided few constitutional guidelines, but states reinacted their death penalty statutes.In 1976 the Court began to receive appeals from death sentences imposed under the reinacted statutes. In its decisions the Court began to establish guidelines. It found the death penalty was not per se cruel and unusual punishment. Before the death penalty can be imposed the court must take into consideration any mitigating circumstances and the case must be reviewed by the state supreme court. A mandatory death sentence is unconstitutional.Other issues including proportionality, due process and finality of judgment will be examined in the next segment of this study.     

One size does not fit all: Matching breadth of stakeholder participation to watershed group accomplishments

The role of the public in US policy making has shifted substantially during the past several decades. This shift is particularly evident in environmental policy, where collaboration among multiple stakeholders is on the rise. Much of the literature on collaborative environmental management emphasizes the need for widespread community involvement, especially from private citizens. Many proponents of collaboration have argued that broad inclusion can lead to better environmental solutions while also establishing legitimacy, building social capital, and overcoming conflicts. Yet such broad inclusion may be costly in terms of time, energy, and resources, and it may not yield the desired results. Thus, a key question is how the breadth of public involvement is linked to collaborative group accomplishments. This study, using watershed groups in Ohio, demonstrates several links between group membership and results. Groups with a broader array of participants tend to excel in watershed plan creation, identifying/prioritizing issues, and group development and maintenance. In addition, groups comprised of a relatively balanced mix of governmental and non-governmental participants are more likely to list planning/research and group development and maintenance results than are groups comprised primarily of non-governmental participants. In contrast, groups with a narrower membership and groups that are composed primarily of non-governmental participants may focus more on pressuring government for policy change.     

A humanitarian mission in line with human rights? Assessing Sophia,the EU’s naval response to the migration crisis

This article adds to our understanding of the role of norms in the European Union’s (EU) response to the migration crisis by conducting a critical assessment of the EU’s anti-smuggling naval mission “Sophia”. Is Sophia in line with the normative standards the EU has set for itself in its foreign policies? Conducting the analysis in two steps in line with the main criteria of a humanitarian foreign policy model – first exploring Sophia’s launch and then assessing Sophia’s in theatre behaviour – findings suggest that although concerns for migrants at sea mobilised the initial launch of the mission, the mission is not conducted in line with key human rights principles. As the operation mandate is amended and updated with new tasks, and as the EU-NATO in theatre cooperation increases, the EU is moving further away from what one would expect of a humanitarian foreign policy actor.