Negotiated rulemaking in practice

Until recently, parties interested in rulemaking by federal agencies were forced to voice their views primarily through adversarial procedures. An alternative, negotiated rulemaking, was proposed by the Administrative Conference of the United States (ACUS) in 1982. Since then, negotiated rulemaking has been used four times by federal agencies. The four completed negotiations show that negotiated rulemaking permits affected interests to retain greater control over the content of agency rules, while ensuring fairness and balance. It also permits agencies to obtain a more accurate perception of the costs and benefits of policy alternatives than can be obtained from digesting voluminous records of testimonial and documentary evidence presented in adversarial hearings. This article summarizes the results of a recently completed report prepared by the author for the Administrative Conference. It reviews the genesis of negotiated rulemaking, presents a framework within which to understand dynamics of the negotiation process and related administrative law issues, and presents recommendations for future agency use of negotiated rulemaking recently adopted in substance by the Administrative Conference.     

AIDS costs in Trinidad and Tobago

This article examines the dramatic emergence of HIV/AIDS as a major public health problem in Trinidad and Tobago. While there were only eight registered cases of AIDS in 1983, by the beginning of 1992 Trinidad and Tobago had arrived at an incidence that put it in the 17th spot in the world, according to the World Health Organisation (WHO). The disease, which was first evinced among homosexuals, quickly spread to the heterosexual population. The cost of the disease, estimated in a human capital approach, has already made a dent on the GDP. Even the most conservative of projections suggests that the number of cases will rise by a factor of between four and five by the year 2000. Although there is little by way of comparative cost data on other diseases, AIDS/HIV, in all probability, could be very costly to the country. Ralph Henry received his B.A. at the University of the West Indies and his Ph.D. at the University of Alberta. He is currently senior lecturer and head of the Department of Economics at the University of the West Indies, Trinidad and specializes in human resource economics. Elizabeth Newton received her Bachelor and Master degrees at the Massachusetts Institute of Technology, Cambridge. She is currently a visiting scientist at the Caribbean Epidemiology Centre in Port of Spain, Trinidad. Her main research interests include biostatistics and infectious disease modelling.     

The Role of Group-Based Status in Job Satisfaction: Workplace Respect Matters More for the Stigmatized

Respectful treatment may be more consequential for members of stigmatized groups because they are often excluded from society. The present study examined the consequences of respectful treatment in the workplace on job satisfaction for members of stigmatized groups. Among a nationally representative sample of American adults, members of stigmatized groups showed a stronger relationship between respectful treatment and job satisfaction compared to their non-stigmatized counterparts. However, they did not show a stronger relationship between their pay and job satisfaction. The results point to the special importance of respect for members of stigmatized group as a means of reassuring their belonging and value in society.     

Book Review

Understanding criminal behaviour, psychosocial approaches to criminality D. W. Jones Devon: Willan Publishing, 2008.     

Predictable Policing: Measuring the Crime Control Benefits of Hotspots Policing at Bus Stops

Objectives

A fairly robust body of evidence suggests that hotspots policing is an effective crime prevention strategy. In this paper, we present contradictory evidence of a backfiring effect.

Methods

In a randomized controlled trial, aimed at reducing crime and disorder, London’s ‘hottest’ 102 bus-stops were targeted. Double patrol teams of Metropolitan Police Service uniformed officers visited the stops three times per shift (12:00–20:00), 5-times per week, for a duration of 15 min, over a 6 month period. Crucially, officers arrived and departed the bus stop on a bus, with significantly less time spent outside the bus stop setting. Outcomes were measured in terms of victim-generated crimes reported to the police and bus driver incident reports (DIRs), within targeted and catchment areas. We used adjusted Poisson-regression models to compare differences in pre- and post-treatment measures of outcomes and estimated-marginal-means to illustrate the treatment effect.

Results

DIRs went down significantly by 37 % (p = 0.07) in the near vicinity of the bus stops (50 m), by 40 % in the 100 m catchment area (p = 0.04) and marginally and non-significantly in the farthest catchment (10 %; p = 0.66), compared to control conditions. However, victim-generated crimes—the primary outcome measured in previous experiments—increased by 25 % (p = 0.10) in the near vicinity, by 23 % (p = 0.08) and 11 % (p ≤ 0.001) within the 100–150 m catchment areas, respectively.

Conclusions

These findings illustrate the role of bounded-rationality in everyday policing: reductions in crime are predicated on an elevated perceived risk-of-apprehension. Previous studies focused on clusters of addresses or public facilities, with police moving freely and unpredictably within the boundaries of the hotspot, but the patrol areas of officers in this experiment were limited to bus stops so offenders could anticipate their movements. Hotspots policing therefore backfires when offenders can systematically and accurately predict the temporal and spatial pattern of long-term targeting at a single location.