Slackers and Zealots: Civil Service, Policy Discretion, and Bureaucratic Expertise

We investigate how aspects of "civil service" systems of personnel management interact with bureaucratic discretion to create expert bureaucracies populated by policy-motivated agents. We construct a dynamic model in which bureaucrats may invest in (relationship-specific) policy expertise and may or may not be interested in policy choices per se. The legislature makes sequentially rational grants of discretion, which serve as incentives for expertise investment and continued service only for policy-motivated bureaucrats. Bureaucratic policy preferences and the legislature's agency problem vis-à-vis bureaucracies develop endogenously in the model. Bureaucratic expertise can be supported in equilibrium only at a cost of its politicization; "neutral competence" is inconsistent with strategic incentives of bureaucrats. We identify several conditions that support the development of an expert bureaucracy in equilibrium, including security of job tenure and control over policy issues for policy-motivated bureaucrats.     

Agenda Control, the Median Justice, and the Majority Opinion on the U.S. Supreme Court

Some scholars argue that the author of the majority opinion exercises the most influence over the Court's opinion-writing process and so can determine what becomes Court policy, at least within the limits of what some Court majority finds acceptable. Other students of the Court have suggested that the Court's median justice effectively dictates the content of the majority opinion: whatever policy the median justice most wants, she can get. We test these competing models with data on Supreme Court decision making during the Burger Court (1969–86). While we find substantial evidence for both models, the agenda control model gains greater support. This suggests that opinions on the Court on each case are driven, in general, by the interaction of three key variables: the policy preferences of the majority opinion author, the policy preferences of the median justice, and the location of the legal status quo .     

Present but Not Accounted For? Gender Differences in Civic Resource Acquisition

We investigate the sources of an important form of social inequality: the social processes by which men and women acquire participatory resources in organizations. In particular, we investigate the extent to which men and women acquire civic skills and are targets for political recruitment within churches. Integrating theory about social interaction within an organizational structure, we hypothesize that the ways in which women gain politically relevant resources from the church are simply different from those of men. Three factors explain the institutional treatment of women in churches: (1) women's political contributions are devalued; (2) women respond to social cues more than men do; (3) women respond to political cues from clergy—especially female clergy—whereas men do not. Our findings of gender differences in civic resource acquisition provide a more nuanced treatment of the mobilization process and have broad implications for the relationship between political difference and participatory democracy .     

The Capacities and Challenges of Faith-Based Human Service Organizations

This essay addresses four questions by comparing the management capacities and challenges of congregations, faith‐based organizations, and secular organizations that provide human services: (1) What role, if any, do congregations and faith‐based organizations currently play in the social service delivery system? (2) Are congregations interested in changing their role in the social service delivery system? (3) Compared to faith‐based and secular organizations, do congregations have the capacity to adapt to new roles in the social service delivery system? Finally, (4) compared to faith‐based and secular organizations, do congregations have similar service capacities and management challenges? The findings indicate that although more than half of congregations already provide some type of health or human services, they provide a narrower range of services, consider these services a lower priority, and seem to encounter more extensive management challenges than faith‐based and secular organizations.     

Civil Service Reform as National Security: The Homeland Security Act of 2002

The events of 9/11 have influenced policy making in public administration. The Homeland Security Act of 2002, which created the Department of Homeland Security, contained language that empowered the secretary of homeland security and the director of the Office of Personnel Management to establish a personnel management system outside the normal provisions of the federal civil service. Why did civil service reform succeed as part of this legislation when previous attempts at large‐scale reform had failed? A case analysis of the enactment of civil service reform in the Homeland Security Act points to theories of policy emergence and certain models of presidential and congressional policy making. In this case, civil service reform became associated with national security instead of management reform. An assessment of the rhetorical arguments used to frame this policy image offers a powerful explanation for the adoption of the personnel management reforms in the Homeland Security Act. This case has implications for understanding how policy makers might approach future management reform agendas.     

Public–Private Partnerships: An International Performance Review

Public–private partnerships are enjoying a global resurgence in popularity, but there is still much confusion around notions of partnership, what can be learned from our history with partnerships, and what is new about the partnership forms that are in vogue today. Looking at one particular family of public–private partnerships, the long-term infrastructure contract, this article argues that evaluations thus far point to contradictory results regarding their effectiveness. Despite their continuing popularity with governments, greater care is needed to strengthen future evaluations and conduct such assessments away from the policy cheerleaders.     

Democratization,International Knowledge Institutions,and Global Governance

The central problem of democracy has long been theorized as how to place appropriate constraints on the responsible exercise of power. Today, this problem is most acute in global governance. This article examines the rapid rise in the creation of international knowledge institutions, arguing that these institutions reflect a growing effort by nations and publics to assert democratic constraints on the on the global exercise of power through their ability to structure processes of reasoning and deliberation in global society. Specifically, the article argues for the need to attend carefully to processes of knowledge‐making in international institutions, including the roles of international institutions in setting standards for the exercise of reasoning, their contributions to the making of global kinds through their work in classifying and reclassifying the objects of international discourse, and through their roles in opening up and constraining participation in international deliberation. The article concludes that the construction and deployment of policy‐relevant knowledge are a significant source of power in their own right in global governance that need to be subject to their own democratic critique.     

Does border enforcement deter unauthorized immigration? The case of Mexican migration to the United States of America

This paper asks whether the migration decisions of unauthorized Mexican immigrants to the USA have been influenced by stronger US border enforcement efforts since 1993 that have sharply increased the physical risk and financial cost of illegal immigration. These measures were supposed to have decreased the probability of successful entry, thereby lowering the expected benefits of migration. We carried out a logistic regression analysis of data from a recent survey of 603 returned migrants and potential first‐time migrants in rural Mexico. Our findings indicate that tougher border controls have had remarkably little influence on the propensity to migrate illegally to the USA. Political restrictions on immigration are far outweighed by economic and family‐related incentives to migrate. An alternative, labor‐market approach to immigration control with higher probability of effectiveness is outlined.     

Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.