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.     

On the value of formal assessment of uncertainty in regulatory analysis

The US Office of Management and Budget introduced in 2003 a new requirement for the treatment of uncertainty in Regulatory Impact Analyses (RIAs) of proposed regulations, requiring agencies to carry out a formal quantitative uncertainty assessment regarding a regulation’s benefits and costs if either is expected to reach $1 billion annually. Despite previous use in other contexts, such formal assessments of uncertainty have rarely been employed in RIAs or other regulatory analyses. We describe how formal quantitative assessments of uncertainty – in particular, Monte Carlo analyses – can be conducted, we examine the challenges and limitations of such analyses in the context of RIAs, and we assess how the resulting information can affect the evaluation of regulations. For illustrative purposes, we compare Monte Carlo analysis with methods typically used in RIAs to evaluate uncertainty in the context of economic analyses carried out for the US Environmental Protection Agency’s Nonroad Diesel Rule, which became effective in 2004.     

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.     

Explaining legislators’ positions on outside income limits: Voting on honoraria ceilings in the U.S. Senate, 1981–1983

This article examines roll-call voting by members of the U.S. Senate on three proposals to limit members’ outside income in the 1980s. I find that several factors influenced legislators’ votes on outside income limits legislation (OILL). First, financial self-interest was an important constraint on members’ willingness to support OILL. Members who earned more honoraria were less likely to vote yes, but this opposition was neutralized when limits were attached to the compensating mechanism of a pay raise. Senators from poorer states were generally more likely to support honoraria limits alone but less likely to support limits linked to a pay raise, suggesting a responsiveness to constituent interests in both cases. Finally, when OILL was linked to a pay raise, electoral considerations became prominent in legislators’ vote decisions, with electorally vulnerable members less likely to vote yes.     

When is Growth Not Growth? The Curious Case of Mental Health Budgeting in New York

This article argues that the adverse impact of Medicaid on state budgets alleged in various public debates has been overstated, in some measure because of the inaccurate and misleading manner in which Medicaid expenditures are appropriated in state budgeting systems. Data on Medicaid and mental health spending in the state of New York is used for analysis. The first section provides a Medicaid spending and budgeting background. The second section discusses Medicaid and mental health in New York. The third section describes actual budgeted spending for mental health in New York, and the final section provides a discussion and concluding comments.     

Is racial separation inevitable and legal?

Her major publications include Dilemmas of Black Politics: Issues of Leadership and Strategy(1993) and The Making of Energy and Telecommunications Policy(1995).