Organizational Process,Rulemaking Pace,and the Shadow of Judicial Review

Scholars have long understood that structuring internal work processes into more hierarchical or team‐based arrangements has consequences for organizational outputs. Building on this insight, this research examines the relationship between how agencies organize their rulemaking routines and the resulting rules. Tracking the job functions of rule contacts for economically significant rules proposed over a four‐year period, the analysis demonstrates that expanding the breadth of personnel types closely involved in a rulemaking is associated with a reduction in the time it takes to promulgate the rule. However, increasing the pace at which rules are finalized is not without cost, as those completed faster appear more likely to be overturned when challenged in court. The article not only adds another dimension to empirical scholarship studying rulemaking, which has largely focused on how forces originating outside the agency affect rules, but also suggests the importance of considering competing priorities in designing rulemaking processes.     

Waking up on another September 12th: implications for intelligence reform

Abstract

After 9/11 the US Government tried to ‘fix’ intelligence by adopting the Intelligence Reform and Terrorism Prevention Act (IRTPA). Resources increased and, to varying degrees, performance improved – particularly in counterterrorism. This article, however, argues that the constellation of Intelligence Community authorities and organizations, either created or left in place by the IRTPA, coupled with the challenges of a complex security environment, leaves us ill-prepared to deal with the Country’s twenty-first century intelligence requirements. Should that critique prove accurate, and should future intelligence failure(s) be judged strategically and politically unacceptable, the second half of the article provides a framework for revising the IRTPA; the proposals substantially increase the authority of the head of the Intelligence Community, consolidate structures, and create centers of analytic critical mass necessary to meet the knowledge requirements for both regional and transnational security issues. Reflecting the Intelligence Community’s long standing tradition of questioning assumptions, the article is meant to foster reflection and debate about whether the Intelligence Community is postured to meet the needs of the Country, and if not, what needs to change.     

Promises to keep: Enforcement of prepublication agreements and first amendment rights

Since the Supreme Court's ruling in Cohen v. Cowles Media, several courts have found that prepublication agreements are legally binding promises between journalists and their sources of information, and that the First Amendment does not protect journalists from civil sanction for the breach of such agreements. An agreement between a journalist and a private individual not to disclose a source's information or the source's identity might constitute a legally binding commitment, especially if the plaintiff is able to show that a clear and specific commitment was made not to reveal certain information and that as a result of the breach of promise the plaintiff suffered specific harm.

However, the Court's analysis of enforcement of confidentiality promises as having merely incidental effects is flawed. Because it did not balance the enforcement of prepublication agreements against the First Amendment interests in nonenforcement of the agreements, the Court in Cohen departed from its compelling interest analysis of prepublication agreements in Snepp v. United States as well as its previous standards in finding incidental effects of generally applicable laws.     

Parole release decisions revisited: An analysis of parole release decisions for violent inmates in a southeastern state

In an attempt to discover the major predictors of parole decision-making in one southeastern state, this study examined the cases of 762 inmates under the supervision of the Alabama Department of Corrections who were eligible for parole from June 1, 1993 through May 31, 1994. Of the 762 eligible inmates, only 138 (18 percent) were granted parole. Using parole disposition (granted or denied) as the dependent variable, this study investigated the offense, offender, and general parole variables and their impact on parole decisions. Logistic regression findings indicated that the strongest predictors of parole release decisions were the length of the original sentence assessed for the offense, the total number of felonies for which the inmate was serving time, and the warden and senior officers' recommendations. These variables, which were also significant at the bivariate level of analysis, explained approximately 47 percent of the variation in the dependent variable. A major concern of the study was the generalizability of the findings.     

Public definitions and endorsement of the criminalization of elder abuse

A longitudinal cross sectional ten-year study was conducted measuring public attitudes toward the definition and criminalization of elder abuse. The study found that the public endorsed a fairly broad definition of elder abuse and that this definition of elder abuse was fairly stable over time. Subjects also strongly endorsed the creation of misdemeanor and felony statutes and strongly endorsed the use of prison to punish elder abusers. The subjects also believed that the criminalization of elder abuse would be effective in reducing elder abuse.     

Social and Political Cultural Effects on the Outcomes of Mediation in Militarized Interstate Disputes

The article investigates the relationship between cultural similarities and differences on the part of the representatives of contending states and mediators, and outcomes of mediation efforts in militarized disputes. A distinction is made between social culture, defined primarily in terms of religious identity, and political culture, defined according to the state's political system. Analysis of 752 mediation attempts in militarized disputes occurring between 1945 and 1995 yields support for the hypothesis that mediation is more likely to succeed when the parties are from similar social cultures. The results, however, suggest that the relationship is more complex than that suggested by a simple categorization of states based on Huntington's "clash of civilizations" thesis. We also find that mediation is more likely to succeed when the parties share democratic political cultures, a finding that is consistent with the cultural/normative explanation for the democratic peace.