Does Familiarity Breed Contempt? The Impact of Information on Mass Attitudes toward Congress

Two features of citizen response to Congress can be taken as grounds for concern. First, Americans know relatively little about Congress, and especially about congressional procedures and policy output. Second, Congress typically emerges as the least respected political institution. Although these matters are troubling when viewed individually, more disturbing is the dilemma posed when knowledge and attitudes toward Congress are viewed in tandem. It appears that citizens who know Congress the best like Congress the least. Consequently, a sophisticated polity and a well-respected legislature seem fundamentally incompatible. This article seeks to resolve this dilemma, contending that there is nothing about knowledge per se that leads citizens to view Congress unfavorably. Rather, differences in knowledge levels alter the considerations citizens bring to bear when evaluating Congress, with the best-informed individuals constructing judgments on the basis of the most relevant Congress-specific criteria while less knowledgeable citizens employ readily available but more peripheral criteria.     

Strategic Party Government: Party Influence in Congress, 1789–2000

Why does the influence of Congressional parties fluctuate over time? Building on prevailing answers, we develop a model, Strategic Party Government, which highlights the electoral motives of legislative parties and the strategic interaction between parties. We test this theory using the entire range of House and Senate party behavior from 1789 to 2000 and find that the strategic behavior of parties complements members' preferences as an explanation for variation in party influence. Specifically, the strongest predictors of one party's voting unity are the unity of the opposing party and the difference between the parties in the preceding year. Moreover, we find strong links between party behavior in Congress and electoral outcomes: an increase in partisan influence on legislative voting has adverse electoral costs, while winning contested votes has electoral benefits.     

Agenda Control, the Median Justice, and the Majority Opinion on the U.S. Supreme Court

Some scholars argue that the author of the majority opinion exercises the most influence over the Court's opinion-writing process and so can determine what becomes Court policy, at least within the limits of what some Court majority finds acceptable. Other students of the Court have suggested that the Court's median justice effectively dictates the content of the majority opinion: whatever policy the median justice most wants, she can get. We test these competing models with data on Supreme Court decision making during the Burger Court (1969–86). While we find substantial evidence for both models, the agenda control model gains greater support. This suggests that opinions on the Court on each case are driven, in general, by the interaction of three key variables: the policy preferences of the majority opinion author, the policy preferences of the median justice, and the location of the legal status quo .     

Unanimity, Discord, and the Communication of Public Opinion

This article is concerned with the political communication of opinion that occurs through networks of associated citizens. Its primary attention focuses on opinion variance within populations and networks and how such variance affects communication among and between individuals. Particularly in the context of ambiguous or infrequent communication, people may experience difficulty in forming judgments regarding the opinions of others. In such situations, environmental priors become useful devices for reaching these judgments, but a problem arises related to the utility of these environmental priors when discord rather than unanimity characterizes the contextual distribution of opinion. The article's argument is that dyadic discussions between two citizens are most enlightening, and environmental priors least enlightening, when surrounding opinion is marked by higher levels of disagreement. The analyses are based on data taken from the 1996 Indianapolis-St. Louis study .     

Developments in the Law: Garcetti v. Ceballos and the Workplace Freedom of Speech Rights of Public Employees

On May 30, 2006 the Supreme Court handed down a 5–4 decision in the case of Garcetti v. Ceballos, announcing that "when public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline." Previously, the Court had held in Pickering v. Board of Education (1968) that the First Amendment's protection of freedom of speech generally prohibited public employers from firing or disciplining employees for speaking out on matters of "public concern." The Pickering decision established a two-part test that first required federal courts to determine whether the employee had spoken out on a matter of public concern and then whether the disruptive impact of the employee's statement justified the disciplinary action. This article argues that the Garcetti decision may deter many public employees from disclosing governmental inefficiency and misconduct and presenting dissenting viewpoints on matters of clear public concern. Consequently, the decision may make it more difficult for the leadership of public agencies to uncover inefficiency and misconduct.     

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.     

The economic significance of “insignificant” rules

We know relatively little about the economic effects of “insignificant” rules because they are not typically analyzed. Yet, these rules could be cumulatively important. We provide an economic analysis of one proposed rule to control hazardous air pollutants, which is not considered to be economically significant. This rule is of particular interest because it is one of the first in a long series of rules that Environmental Protection Agency (EPA) will consider for limiting hazardous air pollutant emissions. Our analysis suggests that the proposed controls that EPA has considered are not likely to pass a benefit–cost test. We recommend that an agency base its decision to allocate additional resources to benefit–cost analysis on the expected value of the improved information. In addition, agencies should consider applying a rule of thumb that would specify a threshold level of risk reduction that needs to be achieved before some kinds of regulation are considered.     

Factors in successful program implementation in Russia during the transition: pilot programs as a guide

While much of the implementation literature over the past several decades has recognised the importance of context (e.g. in issues of institutional culture, degree of hierarchy), little of the literature comparing the results of numerous program implementation experiences examines the experience of non‐Western contexts. This study seeks to partially fill this gap by applying the ‘conventional wisdom’ of implementation theory to program implementation experience in Russia. We analyse the implementation of 18 demonstration projects in Russia against 9 success factors identified in the implementation literature. Most of the pilots involved multiple cities; so there are a total of 48 city‐case observations to study. Overall, the findings are that the factors associated with successful program implementation among OECD countries are also those at work in Russia's transitional economy. The weights associated with the various factors may differ, however. One could imagine, for example, that political support counts for more in Russia than in the western local governments. One might also believe that opportunities for learning from other implementers could be more important in the West, where professional associations are more highly developed. The core finding of consistency should be valuable to administrators across transitional economies who can now refer to the rich findings of implementation research with greater confidence of its applicability to their programs. Perhaps equally important is the finding that some of the same factors predominantly associated with successful or troubled implementation in Russia have similar effects in implementation examples drawn from transition and developing nations; there are, however, some important differences. Copyright © 2006 John Wiley & Sons, Ltd.     

Were Bosnian policy research organisations more effective in 2006 than in 2003? Did technical assistance play a role?

In 2003 the policy development process in Bosnia and Herzegovina was characterised by international community (IC) dominance. The IC provided the vast majority of the analysis of problems facing the country and drafted many of the laws. This article documents developments from fall 2003 to fall 2006 in the use of evidence and analysis in the policy development process and the role of local policy research organisations (PROs—often called think tanks) in it. The likely relation between these changes and the activities of a PRO mentoring project that operated over the same period is also assessed. Evidence comes as a series of interviews in both years with government officials and members of parliament, on the one hand, and leaders of PROs and advocacy NGOs on the other. The broad picture that emerges from the above review is of a substantial positive development in the policy development process in Bosnia and Herzegovina over the period. Factual evidence and analysis are playing a much greater role, and PROs have been a major provider of this information. The evidence indicates that PROs have been successful in convincing the policy community that they are purveyors of objective, disinterested advice and analysis. The improvements occurred in a conducive environment that steadily placed greater responsibility for policy formation on Bosnian officials. Copyright © 2007 John Wiley & Sons, Ltd.