Do Term Limits Restrain State Fiscal Policy? Approaches for Causal Inference in Assessing the Effects of Legislative Institutions

Scholars of state politics are often interested in the causal effects of legislative institutions on policy outcomes. For example, during the 1990s a number of states adopted term limits for state legislators. Advocates of term limits argued that this institutional reform would alter state policy in a number of ways, including limiting state expenditures. We highlight a number of research design issues that complicate attempts to estimate the effect of institutions on state outcomes by addressing the question of term limits and spending. In particular, we focus on (1) treatment effect heterogeneity and (2) the suitability of nonterm‐limit states as good counterfactuals for term‐limit states. We compare two different identification strategies to deal with these issues: differences‐in‐differences (DID) estimation and conditioning on prior outcomes with an emphasis on synthetic case control. Using more rigorous methods of causal inference, we find little evidence that term limits affect state spending. Our analysis and results are informative for researchers seeking to assess the causal effects of state‐level institutions.     

Building Norms from the Grassroots Up: Divestment,Expressive Politics,and Climate Change

The fossil fuel divestment movement is at the forefront of civil society initiatives to raise public consciousness about the need for a “fossil‐free” future. Through the lens of the social movement literature, this article shows how the movement has harnessed grassroots activists, engaged in innovative and sometimes disruptive forms of protest, and used cognitive framing and symbolic politics to gain media interest and persuade the public of the importance and legitimacy of its claims as well as to promote a new social norm. The relative instrumental, structural, and discursive power of the movement and its adversaries is also examined, showing how, notwithstanding the fossil fuel industry's deeply embedded structural and instrumental power, the movement has managed to shift the contest onto a terrain where it holds a comparative advantage. Finally, the movement's role in nonstate climate governance is considered, taking account of its interactions with and impact on a range of other climate actors. This article's conclusion is that climate governance is not only an instrumental or pragmatic process of mandating changes in behavior but an expressive and symbolic one of nurturing a new norm and institutionalizing a new set of moral principles.     

IP: It's also about trust and French chefs

There is a principle in the law known as ‘admission againstinterest’. Here is my own admission. While we are delightedto bring together this collection of quality articles aboutthe multifaceted world of IP licensing and technology transfer,something is missing: we need to broaden our coverage aboutthe diverse ways that IP rights are licensed and transferred. To judge from the professional literature, licensing and technologytransfer primarily address the exploitation of patents, copyright,and trade marks. Each of these rights is based upon disclosureand     

The Parliamentary Standards Act 2009: A Constitutional Dangerous Dogs Measure?

The scandal which broke over MPs' abuses of the allowances system during the course of the last parliamentary session shows little sign of abating. As a result of an audit undertaken by Sir Thomas Legg, some MPs have been required to repay sums which were successfully claimed up to five years ago. Although this development has been welcomed by the public, it has been condemned by some in Parliament as being retrospective and unfair. In this article, the discussion focuses on the key provisions of the Parliamentary Standards Act 2009 which was enacted in order to tackle the issues raised by the expenses scandal. It considers their import and how they are likely to apply in practice. Since the Act is a further example of ‘fast‐track’ legislation, there was no opportunity for pre‐legislative scrutiny. This may help to explain why the Act differs in several important respects from the Bill which was originally introduced. It is highly likely that the 2009 Act will be the subject of post‐legislative scrutiny, especially since it contains a renewal provision.     

Organizational Trust and the Limits of Management‐Based Regulation

This article examines the relationship between management‐based regulation and occupational health and safety through two case studies. The first describes how corporate occupational health and safety systems and standards were interpreted and implemented differently at different mine sites within the same company and examines the particular role of trust between workers and management in explaining variations in occupational health and safety performance. The second explores the difficulties of moving from a highly devolved system of responsibility to a more centralized approach, and the incapacity of externally mandated management‐based regulation to change behavior at site level in the absence of a supportive workplace culture. The article argues that notwithstanding the heavy emphasis currently being placed on both internal (company‐driven) and external (government‐driven) management‐based regulation, a commitment at corporate level does not necessarily percolate down to individual facilities where ritualistic responses or resistant subcultures may thwart effective change. The findings have important implications for the effectiveness of management‐based regulation and meta‐regulation more broadly.     

The New Collaborative Environmental Governance: The Localization of Regulation

This article examines the new collaborative environmental governance, an enterprise that involves collaboration between a diversity of private, public, and non-government stakeholders who, acting together towards commonly agreed goals, hope to achieve far more collectively, than individually. Such an approach appears to blur the familiar sharp boundaries that separate 'the state' from civil society, yet we still know very little about exactly what this blurring of public and private adds up to, and what its implications are. This new form of governance is examined through the lens of three Australian case studies. Each of these studies involves participatory dialogue, flexibility, inclusiveness, transparency, institutionalized consensus-building practices, and, at least to some extent, a shift from hierarchy to heterarchy. The paper examines the relationships between new and old governance, the architecture of these new initiatives, the role of the state, and the importance of negotiating in 'the shadow of hierarchy'.     

An assessment of the proportionality of regulation of ‘over the top’ communications services under Europe's common regulatory framework for electronic communications networks and services

‘Over the top’ communications services such as Skype and FaceTime are changing the way we communicate, carrying voice and video traffic over the Internet. Unlike traditional mobile and fixed line alternatives, these services fall outside the reach of the common regulatory framework. Whilst an absence of regulation is not appropriate, neither is subjecting these services to the full gamut of regulation the path forward: an analysis of the core elements of the regulatory frameworks reveals that, in respect of data retention and privacy, harmonisation of regulation is appropriate. The remaining challenge is determining whether effective regulation could indeed be imposed on services offered from outside the EU.     

Constraining a Principal's Choice: Outcome versus Behavior Contingent Agency Contracts in Representative Negotiations

Agency theory describes the viability of outcome and behavior contingent contracts in principal–agent transactions. This article proposes that a principal's choice between the two contract forms in a representative negotiation is constrained by the conditions that led a principal to employ an agent. Six of these conditions — expertise, emotional strain, the principal's preferred engagement strategy, zone of possible agreement, communal relationship norms, and repeated interactions between principals — are reviewed and summarized in testable propositions. Specifically, the six conditions are proposed to underscore the viability of behavior versus outcome contingent contracts in serving the principal's substantive and relationship-based interests.     

Making inferences about jury behavior from jury verdict statistics

The jury research that appears to have had the most impact on judges, policymakers, and legal academics concerned with the civil justice system involves studies using data on jury verdict statistics. This article sets forth the serious methodological problems with such studies and documents the fact that, for many purposes, the conclusions that authors have drawn from them are scientifically invalid because plausible rival alternative hypptheses cannot be eliminated. The article concludes with cautions about the seductive appeal of jury verdict data and the need to clearly recognize and state their limitations.Professors George Christie, Samuel Gross, Valerie Hans, Richard Lempert, James Levine, Michael Saks, Joseph Sanders, and Clive Seligman made many helpful comments on this article, and so did my research assistants: Jessica Buranosky Lee, Elaina Cohen, and David Landau. I also want to gratefully acknowledge an intellectual debt of over three decades to Professor Joseph E. McGrath, who scribbled about research designs and the meaning of data, and to Professor Lloyd G. Humphreys, who first introduced me to problems of measurement.