William Robertson: Exemplar of Politics and Public Management Rightly Understood

William Robertson, director of the City of Los Angeles' Bureau of Street Services, is profiled here as an exemplary public administrator. The authors suggest that Robertson practices politics appropriately in his role in order to achieve great outcomes for his bureau, the citizens with whom he works, and the city as a whole. To adequately define the ways in which Robertson uses politics, Sherry Arnstein's "ladder of participation" is reconceptualized as a circle of participation in which Robertson uses multiple strategies of interaction with citizens, elected officials, employees, and peers. Lessons for public administrators are offered based on Robertson's example.     

The Effects of Civil Hate Speech Laws: Lessons from Australia

This article examines the effects of hate speech laws in Australia. Triangulating data from primary and secondary sources, we examine five hypothesized effects: whether the laws provide a remedy to targets of hate speech, encourage more respectful speech, have an educative or symbolic effect, have a chilling effect, or create “martyrs.” We find the laws provide a limited remedy in the complaints mechanisms, provide a framework for direct community advocacy, and that knowledge of the laws exists in public discourse. However, the complaints mechanism imposes a significant enforcement burden on targeted communities, who still regularly experience hate speech. We find a reduction in the expression of prejudice in mediated outlets, but not on the street. We find no evidence of a chilling effect and we find the risk of free speech martyrs to be marginal. We draw out the implications of these findings for other countries.     

From Brand Performance to Consumer Performativity: Assessing European Trade Mark Law after the Rise of Anthropological Marketing

Since the 2009 CJEU decision in L'Oréal v. Bellure, the idea that a brand's image is the property of the trade mark owner has become increasingly entrenched within European trade mark law. Brand image is now protected even where there is no harm to the underlying mark. However, the courts have largely failed to acknowledge the radical ways in which the marketplace for goods bearing trade marks has changed in the past three decades. One key shift is that businesses and marketers no longer view the brand creation process from a top‐down ‘brand performance’ perspective, but, rather, through the prisms of ‘anthropological marketing’ and ‘consumer performativity'. Through an interdisciplinary approach, this article dissects the process of brand creation in the context of European trade mark law, and argues that the law must take account of consumer agency when the question of who should own brand image arises.     

IDENTIFYING MECHANISMS BEHIND POLICY INTERVENTIONS VIA CAUSAL MEDIATION ANALYSIS

Causal analysis in program evaluation has primarily focused on the question about whether or not a program, or package of policies, has an impact on the targeted outcome of interest. However, it is often of scientific and practical importance to also explain why such impacts occur. In this paper, we introduce causal mediation analysis, a statistical framework for analyzing causal mechanisms that has become increasingly popular in social and medical sciences in recent years. The framework enables us to show exactly what assumptions are sufficient for identifying causal mediation effects for the mechanisms of interest, derive a general algorithm for estimating such mechanism‐specific effects, and formulate a sensitivity analysis for the violation of those identification assumptions. We also discuss an extension of the framework to analyze causal mechanisms in the presence of treatment noncompliance, a common problem in randomized evaluation studies. The methods are illustrated via applications to two intervention studies on pre‐school classes and job‐training workshops.     

The rise and rise of fentanyl in postmortem casework

Forensic toxicology laboratories are navigating a period of time with increasing drug overdose deaths, an opioid epidemic, the impact of the COVID-19 pandemic, and the illicit drug market flooded with novel psychoactive substances. In New York City, the Department of Forensic Toxicology has experienced a 56% increase in postmortem casework in the past decade with fentanyl detected in 80% of all overdose deaths. Over a period of 2.5 years, 15,638 postmortem cases were tested for the presence of fentanyl and fentanyl analogs using liquid-chromatography tandem mass spectrometry (LCMSMS). Fentanyl was detected in approximately one third of cases and of these 4447 cases with femoral blood. A twofold increase in cases with high concentrations of fentanyl (>100 ng/mL) was observed between 2021 and 2022. The minor metabolite and precursor chemical, 4-ANPP (4-anilino-N-phenethylpiperidine) may help differentiate between illicit and licit fentanyl. 4-ANPP blood concentrations were <10 ng/mL in 98% of the cases and the 4-ANPP:fentanyl ratio was <0.67 for 99.1% of blood specimens. Only six cases had 4-ANPP concentrations higher than the corresponding fentanyl blood concentration. This study also highlights, the changing fentanyl analogs found in postmortem cases since 2016 in NYC with the emergence of fluorofentanyl initially identified in 2020 and continuing to dominate in comparison with the prevalence of other analogs, many of which are no longer detected in casework. The detection of one of the latest drugs to be mixed with fentanyl, namely xylazine, has also increased in prevalence by 36.7% in 2022 compared with 2021.     

Legal Speech and Implicit Content in the Law

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument is based upon two points: (1) Precedent‐setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and (2) if a particular precedent‐setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent‐setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture.     

Reading for Life and Adolescent Re‐Arrest: Evaluating a Unique Juvenile Diversion Program

We present results of an evaluation of Reading for Life (RFL), a diversion program for nonviolent juvenile offenders in a medium‐sized Midwestern county. The unique program uses philosophical virtue theory, works of literature, and small mentoring groups to foster moral development in juvenile offenders. Participants were randomly assigned to RFL treatment or a comparison program of community service. The RFL program generated large and statistically significant drops in future arrests. The program was particularly successful at reducing the recidivism of more serious offenses and for those groups with the highest propensity for future offenses.     

Lobbying and uncertainty: Lobbying's varying response to different political events

Does political uncertainty affect whether lobbyists contact government officials? We suggest that the answer depends on the type of uncertainty introduced. Distinguishing between policy objective uncertainty—where organized interests and lobbyists are uncertain about the policy intentions of decision makers—and issue information uncertainty—where policymakers are uncertain about the technical details of issues—we hypothesize that whereas an increase in policy objective uncertainty leads to a decrease in lobbying, a rise in issue information uncertainty leads to more lobbying. We test the hypotheses with longitudinal data from the Canadian Lobbyists Registry measuring change in the number of times lobbyists have contacted government ministries each month from 2008 to 2018. The results suggest that lobbying intensity does respond differently to these types of uncertainty. Whereas events introducing issue information uncertainty have a statistically significant positive relationship with lobbying, events introducing policy objective uncertainty do not.