Delaying Justice(s): A Duration Analysis of Supreme Court Confirmations

Presidents traditionally have had great success when nominating justices to the Supreme Court, with confirmation being the norm and rejection being the rare exception. While the confirmation process usually ends with the nominee taking a seat on the Court, however, there is a great deal of variance in the amount of time it takes the Senate to act. To derive a theoretical explanation of this underlying dynamic in the confirmation process, we draw on a spatial model of presidential nominations to the Court. We then employ a hazard model to test this explanation, using data on all Supreme Court nominations and confirmations since the end of the Civil War. Our primary finding is that the duration of the confirmation process increases as the ideological distance between the president and the Senate increases. We also find evidence that suggests that the duration increases for critical nominees and chief justices and decreases for older nominees, current and previous senators, and nominees with prior experience on state and federal district courts .     

Brussels between Bern and Berlin: Comparative Federalism Meets the European Union

In the current debate on the future European order, the European Union (EU) is often described as an "emerging federation." This article claims that federalism is not exclusively useful in deliberating about the future of the EU. Non-statecentric conceptions of federalism provide a better understanding of the current structure and functioning of the European system of multilevel governance than most theories of European integration and international relations do. We combine political and economic perspectives of federalism to analyze the "balancing act" between effective political representation and efficient policy-making in the EU. Drawing on the examples of Germany and Switzerland in particular, we argue that the increasing delegation of powers to the central EU level needs to be paralleled by strengthened patterns of fiscal federalism and an empowered representation of functional interests at the European level. Without such "rebalancing," the current legitimacy problems of the EU are likely to intensify.     

Ideas, Interests, and Institutions: Challenging the Property Rights Paradigm in Botswana

Recent work in international studies and comparative politics scrutinizes the relative importance of ideas, interests, and institutions as sources of policy change. A growing body of scholarship identifies ideas as the main causal factors, influencing perceived interests as well as perceived policy options. Others contend that policies can best be understood as products of institutions. Neither explanation can account for both policy choice by politicians and the implementation strategies of administrators. In Botswana, the use of professional criteria for hiring and advancement encourages adherence to international professional norms within the bureaucracy, but electoral competition gives politicians more reason to be attentive to local political concerns. The institutions that define relations of authority among actors with different motivations shape the outcomes of policy choice and implementation. Institutions influence the attentiveness of policy-makers to ideas when making decisions, the degree of attention particular policy-makers give to ideas from particular sources, and the degree of acceptance that ideas must achieve to affect policy. Better evaluations of political development can be achieved through attentiveness to the mix of actors involved in policy decisions, the diversity of institutions and ideas that affect their policy preferences, and the relations of authority that shape their relative influence over policy choice and implementation.     

Grant Levels and Debt Issuance: Is There a Relationship? Is There Symmetry?

Although previous work on fiscal federalism and grants has focused on the effects of grants on expenditures, no published research examines the impact of decreasing grants on state financing. This research addresses how decreasing levels of federal grant money to states affect states' long-term debt issuance, and whether the relationship is symmetric for increasing and decreasing grants. The model is tested with time series, cross-sectional data from 1984 to 1999. The results show that grants affect debt issuance, the effect is asymmetric, and direction of the effect differs for different types of debt issuance.     

Terrorism and Transportation Policy and Administration: Balancing the Model and Equations for Optimal Security

September 11 was the catalytic event that clearly demonstrated that transportation security was a virtual myth. We had obviously overinvested in efficiency-based mechanisms and procedures while the security and safety standards provided by effectiveness considerations were being increasingly ignored. This article analyzes the increasingly dangerous situation as it unfolded and provides an Emerging Entrepreneurial Management and Public Policy Model designed to provide insights towards rebalancing our transportation security and public policy considerations as we attempt to design, implement, and pay for optimal security systems to deal with the terrorism threats we face in the early twenty-first century. Rebalancing the model and the equations will require increased focus, will, and skills. It will also be a lot more expensive . . . in both the private and the public sectors.     

A Public Choice Analysis of Endangered Species Listings

Sizable economic consequences may resultfrom listing under the Endangered SpeciesAct (ESA). Potentially adversely affectedparties will attempt to use the politicalprocess to protect their interests. Thequestion is, “are listing determinationssubject to political manipulation?” Inthis paper, we explore empirically thepossibility that implementation of the ESAis determined, in part, by politicalconsiderations. Specifically, weinvestigate whether states with strongcongressional representation are able touse their political muscle to reduce thenumber of listings in their states, ascompared to states with weak congressionalrepresentation. Controlling for otherfactors, we find that states with greaterrepresentation on the U.S. Fish andWildlife Service’s budgetary oversightsubcommittee in the U.S. House ofRepresentatives have significantly fewerESA listings than states with weakerrepresentation on that subcommittee.     

Under Two Flags: Symbolic Voting in the State of Mississippi

Participants in a specialelection held in the State of Mississippion April 17, 2001, voted overwhelminglyagainst changing the design of the state'sflag, which incorporates a symbol of theConfederacy. The determinants of voting onthe flag are analyzed and turnout rates inApril 2001 are compared with those forrecent gubernatorial and presidentialelections. We find that the flag votedivided Mississippians sharply along linesof race, class and political ideology. Akey empirical implication is that voterpositions in issue space tend to be morepolarized when political choices haveexpressive as opposed to instrumentalconsequences.     

Federal policy mandating safer cigarettes: a hypothetical simulation of the anticipated population health gains or losses.

If manufacturing a safer cigarette is technically possible--an open question--then mandating that tobacco manufacturers improve the safety of cigarettes would likely have both positive and negative implications for the nation's health. On the one hand, removing toxins may reduce the incidence of smoking-related diseases and premature mortality in smokers. On the other hand, smokers might be less inclined to quit, those who have quit might resume the habit, and youth who have never smoked will have one less reason to avoid tobacco use. To assess the expected population health impacts of a legislative or regulatory mandate, we created the Tobacco Policy Model, a system dynamics computer simulation model. The model relies on secondary data and simulates the U.S. population over time spans as long as 50 years. Our simulation results reveal that even if requiring cigarettes to be safer makes smoking more attractive and increases tobacco use, a net gain in population health is still possible.     

Reframing privatisation: Deconstructing the myth of efficiency

In the context of ongoing scandals about public versus private ownership, we review the rise and fall of British nationalised industries, and the subsequent rise of privatisation based on perception of market-based efficiency as a means of improving public service. We evaluate the theoretical and empirical arguments around privatisation and find that the argument of privatisation as a vehicle for efficiency gains is a myth. Instead, we suggest that efficiency is not solely a matter of ownership, but requires a complex interplay of social and commercial variables to make it possible. We call for a more inventive and flexible approach in the search for efficiency in the public sector.