Polarization,Ideology, and Vote Choice in U.S. Congressional Elections

Despite the debate about mass polarization, most scholars agree that parties in Congress have become increasingly polarized over time. Scholars have sought to connect party polarization to the beliefs and perceptions of individual citizens, but little work exists on the relationship between polarization and the vote choices made by ordinary citizens. In this article, I examine the link between party polarization at the elite level, the use of ideology by citizens, and their vote choices in Congressional elections. I argue that the increased polarization that has occurred over time has led people to place more weight on ideology when casting their votes in U.S. House elections. My hypothesis stems from work on group conflict theory, which suggests that when people sense a high degree of conflict between two groups, a cue from elites, they will be more likely to rely on their own relevant characteristics or attitudes when making choices. This study differs from previous work on Congressional elections in that I examine variation in the effect of ideology on vote choice over multiple elections rather than just in one or two elections. I argue that an exploration of the political context (or the political context perceived by voters) is necessary in order to more fully understand the use of ideology in U.S. elections. To the extent that polarization facilitates the use of information shortcuts among voters, it might be viewed as a positive development within the context of electoral politics.     

Interpersonal incomparability in citizens’ views of democracy: survey evidence from Ukraine

ABSTRACT

Do regional differences within a single country influence how survey respondents use response scales when evaluating concepts like democracy? Further, what determines how respondents will assess the level of democracy at home or abroad? We test three hypotheses to answer these questions. First, we hypothesize that differential item function (DIF) exists between regions that are most different along political, cultural, and historical dimensions. Second, we hypothesize that political attitudes will predict views about evaluations of the level of democracy domestically. Third, we hypothesize that regions with stronger ties to and greater affinity for a foreign state will rate that state as more democratic than other regions. We find support for all three hypotheses using a nationally representative survey of Ukraine, but correcting for DIF generates substantively important changes in our interpretations of the results. Specifically, it increases support for hypothesis two but leads to a more measured conclusion about hypothesis three. An analysis of the responses to anchoring vignettes to control for DIF provides some initial suggestive evidence that Ukrainians outside Kyiv may view democracy as more binary in nature than on a nuanced sliding scale. We conclude with recommendations for researchers on deploying anchoring vignettes in sub-national survey research.     

The Costs and Benefits of American Policy‐Making Venues

Many law and policy scholars consider judges inimical to good public policymaking, and the criticisms they level on the judiciary implicitly reflect some of the concerns raised by Alexander Bickel and other critics. Despite the charge by critics that judges are institutionally ill equipped to participate in the policy‐making process and that legal processes are costly, there are reasons to believe otherwise. This article uses field interviews and three case studies of an environmental dispute in the Pacific Northwest to show that the judiciary can be an institutional venue that enhances public input, can be more inclusive than other venues, and produces positive‐sum outcomes when other venues cannot. The findings also suggest that legislative and agency policymaking are just as contentious and costly as judicial policy‐making processes.     

Formalizing China��s armed police: the 2009 PAP Law

While the People??s Armed Police (PAP) has existed in China for over 26 years, the force??s operations, powers and duties have never been formally stipulated. On August 27, 2009, the People??s Armed Police Law was passed by the National People??s Congress. The PAP Law, which contains seven chapters and 38 articles, covers the main areas of the tasks and responsibility, duties and power, safeguard measures, discipline and supervision, and legal responsibilities of the force. The implementation of the PAP Law represents a benchmark development in the history of the Chinese policing. It not only signals official recognition of the need to enhance the legitimacy of China??s social control apparatus, but also maps onto a larger developing trend of progressive legalization of Chinese order today. Although the law provides a legal basis for the existence and functions of a force that plays a critical role in China??s security and stability today, some issues about the boundaries of power and procedures of operation for the PAP remain unaddressed. To what extent that this law will improve the legitimacy and subsequently strengthen the performance of the PAP force is an open question.     

Using the institutional grammar tool to understand regulatory compliance: The case of Colorado aquaculture

What is the relationship between the design of regulations and levels of individual compliance? To answer this question, Crawford and Ostrom's institutional grammar tool is used to deconstruct regulations governing the aquaculture industry in Colorado, USA. Compliance with the deconstructed regulatory components is then assessed based on the perceptions of the appropriateness of the regulations, involvement in designing the regulations, and intrinsic and extrinsic motivations. The findings suggest that levels of compliance with regulations vary across and within individuals regarding various aspects of the regulatory components. As expected, the level of compliance is affected by the perceived appropriateness of regulations, participation in designing the regulations, and feelings of guilt and fear of social disapproval. Furthermore, there is a strong degree of interdependence among the written components, as identified by the institutional grammar tool, in affecting compliance levels. The paper contributes to the regulation and compliance literature by illustrating the utility of the institutional grammar tool in understanding regulatory content, applying a new Q‐Sort technique for measuring individual levels of compliance, and providing a rare exploration into feelings of guilt and fear outside of the laboratory setting.     

History of Abuse and Current Suicidal Ideation: Results from a Population Based Survey

The relationship between a history of physical or sexual abuse and current suicidal ideation was examined in the current study based on data from the Washington state 2002 Behavioral Risk Factor Surveillance System (BRFSS). Out of the total sample of 4081, 1058 indicated they had experienced either physical or sexual abuse before the age of 18, 52 indicated they had experienced physical abuse in the past 12 months, and 210 indicated they had been forced to have sex since the age of 18. Additionally, 106 indicated they had seriously considered committing suicide in the past year. After controlling for such factors as age, gender, income, education, race, employment and marital status and the interactions between different abuse risk factors using multivariate logistic regression, results showed that a history of childhood physical (OR = 2.31, 95% CI = 1.364, 3.90) or sexual (OR = 2.72, 95% CI = 1.58, 4.67) abuse and adult physical (OR = 27.30, 95% CI = 11.64, 64.01) or sexual (OR = 5.87, 95% CI = 3.24, 10.63) abuse all were related to current suicidal ideation. Implications for future research are discussed.     

CERCLA Arranger Liability: Town of Islip v. Datre: What Intent is Required?

In Town of Islip v. Datre, the court dismissed a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) claim based on failure to allege that the defendant knew that the waste it disposed of was hazardous. The court based its decision on language in the Supreme Court's decision in Burlington Northern that indicated that to be liable under CERCLA as one who arranged for disposal, there is a knowledge or intent element. This article questions the Datre decision and argues that the “knowledge” required by the Burlington Northern Court is knowledge that the transaction is a disposal, not knowledge that the waste disposed of is hazardous.     

Class Jurisprudes: Free Labor Ideology and For‐Profit Penal Labor in Gilded Age Courts

For‐profit penal servitude flourished in Gilded Age America. Prisoners produced consumer goods inside factory‐penitentiaries for private enterprise. Regulations protecting free labor encountered litigation by businesses invested in carceral capitalism. Judges who defended “liberty of contract,” maintained “state neutrality,” and condemned “class legislation” exhibited a different approach when evaluating labeling laws. Such statutes were seemingly consonant with the free labor ideology that dominated appellate benches—they remediated markets distorted by state‐created privileges. Yet courts routinely struck them down. This article argues that judges were motivated by a class‐infused framework structuring interpretation of facts and aliening lower‐class Americans. Judges perceived workingmen who sought remedial assistance as seeking class legislation; they saw prison inmates and products as ordinary workers and goods, not as captive manpower and state‐subsidized wares. Jurisprudence bent and bowed from judges’ values and associations. This article thus reintroduces the explanatory power of class to the Lochner era through judicial subjectivity.     

From Empire to Law: Customs Collection in the American Founding

This essay investigates the eighteenth‐century origins of the federal administrative state through the prism of customs collection. Until recently, historians and legal scholars have not closely studied collection operations in the early federal custom houses. Gautham Rao's National Duties: Custom Houses and the Making of the American State (2016) offers the most important and thoroughly documented historical analysis to date. Joining a growing historical literature that explains the early development of the US federal political system with reference to imperial models and precedents, Rao shows that the seductive power of commerce over the state within eighteenth‐century imperial praxis required the early federal customs officials to “negotiate” their authority with the mercantile community. A paradigm of accommodation dominated American customs collection well into the nineteenth century until Jacksonian centralizers finally began to dismantle it in the 1830s. The book brings welcome light to a long‐neglected topic in American history. It offers a nuanced, historiographically attentive interpretation that rests on a broad archival source base. It should command the sustained attention of legal, social, economic, and constitutional historians for it holds the potential to change the way historians think about early federal administration. This essay investigates one of the central questions raised in National Duties : How were the early American custom houses able to successfully administer a comprehensive program of customs duties when their imperial predecessors had proved unable to collect even narrowly tailored ones? Focusing on the Federalist period (1789–1800), I develop an answer that complements Rao's, highlighting administrative change over continuity and finding special significance in the establishment of the first federal judicial system.