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.     

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.     

Delayed death in sudden infant death syndrome: a San Diego SIDS/SUDC Research Project 15-year population-based report

A fraction of SIDS cases have death delayed by successful CPR, yet they have not been compared to SIDS cases which were found dead or not successfully resuscitated. Our aims were to: (1) determine the percent of SIDS cases in the San Diego SIDS Research Project database for whom death was delayed by CPR and subsequent life support; (2) compare demographics, circumstances of death and autopsy findings of delayed death SIDS cases (delayed SIDS) with those whose deaths were not delayed (non-delayed SIDS); (3) examine the evolution of pathologic changes in delayed SIDS as a function of survival interval. A retrospective 15-year population-based study of 454 infant deaths attributed to SIDS revealed 29 delayed SIDS cases (Group I) and 425 non-delayed SIDS cases (Group II). Group I cases were significantly older than Group II cases (mean age 132 days vs. 102 days and p<0.0001). Eighty-nine percent of the Group I cases were discovered between 08.00 and 19.59 h; none were found between 00.00 and 07.59 h, compared to 38% of the Group II cases. Group I infants were found significantly more often away from home (at daycare, or at the home of a relative, friend, or baby sitter) than Group II infants (45% vs. 25%, p<0.05). There were no differences between groups with regard to gender, gestational age, type of delivery, bed sharing, URI within 48 h of death, ALTEs, a history of referral to child protective services, body position when placed or found, or face position when found. Pathologic changes were semiquantitatively evaluated; findings were characteristic of anoxic-ischemic injury that generally became more severe with increasing survival intervals. Anoxic-ischemic brain injury was the immediate cause of death in all delayed SIDS cases. Aspiration of gastric contents was identified in Group I cases surviving less than 48 h and was the likely etiology of acute bronchopneumonia occurring in 83% of the Group I cases. We did not identify factors that would reliably predict which SIDS cases might be discovered soon enough to allow earlier and more effective CPR and survival without permanent brain injury.     

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.