Nonparticipation as Self-Censorship: Publicly Observable Political Activity in a Polarized Opinion Climate

In a polarized opinion climate, people may refrain from participating in publicly observable political activities that make them vulnerable to scrutiny and criticism by others who hold opinions that differ from their own. We took a dispositional approach to testing this claim by determining whether people who are relatively more influenced by the climate of opinion when choosing whether or not to voice an opinion, measured with the Willingness to Self-Censor scale [Hayes et al. International Journal of Public Opinion Research 17 (2005) 298], are also relatively less likely to engage in public political activities. In a poll of residents of the United States, we found that even after controlling for interest in politics, political ideology, ideological extremity, political efficacy, attention to political news, dispositional shyness, frequency of political discussion, and demographics, dispositional self-censors reported having engaged in relatively fewer public political activities over the prior 2 years compared to those less willing to censor their own opinion expression. These results are consistent with our interpretation of political participation as a social process that is governed in part by the social psychological implications of participation to the person. At a larger theoretical level, our findings connect the literature on opinion perceptions and opinion expression with research on political participation.

Negotiating climate legislation: Policy path dependence and coalition stabilization

This article investigates the nature of policy path dependence through analysis of climate policy formation in the United States. In 2008 the US Congress attempted to pass the Lieberman–Warner bill, a comprehensive climate and energy package that would have capped greenhouse emissions and established a nationwide cap and trade program. In the same year, California successfully enacted the Global Warming Solutions Act. This article explores the circumstances of both cases and raises the question of why legislation at the state level was successful and took such a divergent form from legislation at the federal level. The divergence of these cases is used to highlight the nature of coalition formation and policy path dependence in the legislative process. Explanations of policy tend to gravitate toward either the generalizability of game theoretic approaches or the empirical depth of case studies. This article suggests a combined approach that uses case studies to analyze the positions and motivations of actors and to then model policy development over time. The approach examines policy through the formation and negotiation of policy coalitions. Drawing on the Advocacy Coalition Framework and omnibus analysis, the approach expands these coalition theories first by analysing legislative development at the interface of legislators and constituent interest groups, and second by adding temporal dimension to the analysis. The findings suggest that policy is path dependent in that it is negotiated between coalitions that in turn create stability in the policy process and insulate policy fields from external shocks. Policy path dependence suggests that theory alone is insufficient to predict policy outcomes; policy results depend strongly on prior policy efforts, historically and socially contingent coalitions, and the resulting framing of policy possibilities.     

Examining Parties as Procedural Cartels: Evidence from the U.S. States

Procedural cartel theory states that the majority party exerts influence over legislative outcomes through agenda control. This research tests predictions from the party cartel theory in five state legislatures. I assess party influence through comparison of term‐limited and nonterm‐limited legislators. I argue that term‐limited legislators (who are not seeking elective office) are no longer susceptible to party pressure, making them the perfect means to determine the existence of party influence. The results demonstrate that party influence is present in these legislatures. I find that party influence is magnified on the procedural, rather than final‐passage, voting record which is precisely where procedural cartel theory predicts. I find lower levels of ideological consistency and party discipline among members for whom the party leadership offers the least—those leaving elective office. These results provide support for party cartel theory, demonstrating further evidence of how parties matter in modern democracies.     

The USPS as an OSP: A Remedy for Users’ Online Privacy Concerns

New digital technologies, and a legal system that has failed to keep pace, are allowing government and the private sector to engage in unparalleled unauthorized surveillance of online personal data contained in emails and in the aggregation of users’ online searches. This article argues that the U.S. Postal Service — compelled to protect communications privacy by its enabling statute, the Fourth Amendment, and other federal laws — should provide email and browser-search engine services to shield users from unauthorized online behavioral marketing and tracking by the private sector and metadata collection by government, and, just as important, give users legal remedies against such abuses. To that end, this article provides a legal analysis and rationale to support the USPS's authority to offer such nontraditional postal services.     

Focusing on How Rather Than on Whom: Constructing a Process-Based Framework for Interpreting the Press Clause in the Network-Society Era

The Internet has made it possible for anyone to become a publisher, thus raising questions regarding how the press clause of the First Amendment will be defined in the twenty-first century. This study proposes a process-based framework for understanding the press clause that moves away from the historically problematic questions that arise with approaches that seek to determine who is a journalist. This approach aligns with historical conceptualizations of the press clause and the characteristics of the network society. The proposed framework is drawn from an analysis of recent lower-court cases in which citizen publishers claimed protections that have traditionally been associated with journalism, as well as an examination of the decisions of the Supreme Court of the United States and of legal scholars’ historical understandings of the clause.     

Tax and Expenditure Limitations,Salary Reductions,and Public Employee Turnover

This study examines the relationship between salary and employee turnover behavior by analyzing a natural experiment created by the New Jersey Superintendent Salary Cap (NJSSC), which caused salary reductions for 25 percent of NJ superintendents in the initial year. I find that an additional $10,000 reduction in base salary due to the NJSSC corresponds to a 16 percent increase in the likelihood of superintendent turnover. This suggests salary expenditures are important public policy levers to retain employees. This study also contributes to prior research on tax and expenditure limitations (TELs) by documenting one of the first TELs placed directly on public employees.     

An Exploratory Study of Honor Crimes in the United States

There is a lack of research on honor crimes within the United States. We used an open source search methodology to identify the victim-offender relationship and motivations for this crime within the United States. Using data collected based on the protocol for the United States Extremist Crime Database (ECDB), we identified a total of 16 honor crimes with 40 victims that occurred between January 1st 1990 and December 31st 2014 in the United States. Based on our findings, the overarching motivations for honor crimes in the United States were the perpetrator’s former partner beginning the process of separation and the westernized behavior of the victim, typically the offender’s daughter or step-daughter. Honor crimes were not limited to current/former intimate partners or daughters, as they also included the death of extended family members (e.g. in-laws, nieces, and cousins). Policy implications and directions for future research on honor crimes are discussed.