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.     

(Sex) Crime and Punishment in the #MeToo Era: How the Public Views Rape

One of the core tasks of a well-functioning state is providing fair and adequate criminal justice. Recent events have raised concerns that the US exhibits a “culture of rape,” wherein victims are often disbelieved and blamed. Scholars have not yet examined how the public understands rape and how it should be punished, despite the important role that public pressure has played in the #MeToo era. We present an empirical conceptualization of rape culture to generate predictions for how various attributes of rape incidents affect the likelihood that they are perceived as punishable crimes. In a series of conjoint experiments, we demonstrate that details relating to the victim’s consent and credibility significantly decrease participants’ propensities to support reporting to police or to recommend a severe punishment for the perpetrator. The results show that emphasizing certain legally irrelevant features of rape strongly affect whether the public views an incident as severe or worthy of punishment.

     

MAKING A PLACE AT THE TABLE:

This response to Timothy Tippins and Jeffrey Wittmann's article "Empirical and Ethical Problems with Custody Recommendations: A Call for Clinical Humility and Judicial Vigilance" builds upon the authors' conclusions that custody evaluations cannot and should not be a substitute for the socio-legal judgment of the best interests of the child. Recognizing that clinical humility and judicial vigilance may not be sufficient to restrain the misuse of psychological evaluation, we offer for consideration three structural changes that would provide for a more appropriate use of the skills and talents custody evaluators bring to legal decisions. We suggest using custody evaluators in the less adversarial setting of preparing parenting plans, revising the procedures by which custody evaluations are elicited in litigation, and adopting the approximation standard for child custody determinations.     

Developing Sentencing Guidelines in Massachusetts: A Work in Progress

Sentencing guidelines legislation is currently under consideration by the Massachusetts legislature. This paper discusses the process used by the Massachusetts Sentencing Commission in formulating the sentencing guidelines legislation. The conceptual model and key substantive considerations associated with the sentencing guidelines are summarized, with special attention to two salient issues – intermediate sanctions and mandatory sentencing and their relationship to the sentencing guidelines. The paper concludes with a discussion of the reactions to the guidelines legislation and the prospects for passage.     

The National Nanotechnology Initiative and the Social Good

The purpose of the National Nanotechnology Initiative (NNI) is to promote nanotechnology in a way that benefits the citizens of the United States. It involves a commitment to support responsible development of nanotechnology. The NNI's enactment of this commitment is critically assessed. It is concluded that there are not adequate avenues within the NNI by which social and ethical issues can be raised, considered, and, when appropriate, addressed.     

Language Policy, Literacy, and Minority Languages

This paper surveys the development of language policy over the last 40 or more years, particularly with respect to linguistic minorities and the attendant problems of illiteracy and lack of access to basic education among these groups. While there are discernible, emerging trends in the area of language policy, we make considerable effort to point out that the evolution of such policy in the past has often been the product of an unpredictable confluence of national and international politics, economics (at all levels), social, cultural, and religious differences, intrigue, historical accident, human perversity, and serendipitous circumstances.