Taking enforcement on its own terms: EPA's heavy‐duty diesel engine litigation

The authors of Regulation by Litigation characterize the US Environmental Protection Agency (EPA)'s enforcement action against diesel engine manufacturers as an effort to achieve by litigation what the Agency was unable to achieve by regulation: immediate reductions in emissions of nitrogen oxides. By substituting litigation for rulemaking, the authors of the book argue, the Agency avoided political and judicial accountability and put itself on a suboptimal policy track. This comment argues that the diesel engine litigation may be better understood as what it purported to be, an enforcement action, not rulemaking in disguise. The authors' characterization of the litigation is questionable on at least two grounds. First, it fails to fully appreciate the distinct functions of enforcement and policymaking in a regulatory setting. The goal of enforcement is not primarily to make policy, but to enforce it – to punish violators, deter future violations, and mitigate harms caused by violations. That goal supplies the proper measure of the litigation's success. Second, in applying public choice analysis to create a story of agency circumvention of appropriate rulemaking procedures, the authors' account misses key features of how agency enforcement decisions are made – and were made in this litigation. This latter shortcoming raises broader questions about the difficulties of applying public choice analysis in complex institutional settings.     

Collision in Manchuria: rescue,intelligence, and the Cold War in Asia,August–September 1945

The Japanese decision to surrender on 15 August 1945 created an extraordinary and unique situation in the Chinese province of Manchuria. Within hours of the Japanese surrender, a number of special American intelligence teams parachuted into Manchuria to gain information on the POW’s and Soviet intentions for postwar Asia. This paper will examine on what occurred when Soviet and American military personnel met in Manchuria. Both sides had very different goals and aims for the end of war. For the small American force assigned to locate and identify Allied POW’s, their mission exemplified the already strained relations between the United States and the Soviet Union. For nearly every instance of cordial and joyous meetings between the two sides there were equally difficult confrontations and misunderstandings. These encounters offered a preview into the coming Cold War in Asia.     

The hollowing-out of local democracy and the 'fatal conceit' of governing without government

Books reviewed in this article:
Stewart, J., The Nature of British Local Government
Stoker, G. (ed.), The New Management of British Local Governance
Stoker, G. (ed.), The New Politics of British Local Governance     

THE AFFORDABLE CARE ACT'S EFFECTS ON PATIENTS,PROVIDERS, AND THE ECONOMY: WHAT WE'VE LEARNED SO FAR

As we approach the tenth anniversary of the passage of the Affordable Care Act, it is important to reflect on what has been learned about the impacts of this major reform. In this paper, we review the literature on the impacts of the ACA on patients, providers, and the economy. We find strong evidence that the ACA's provisions have increased insurance coverage. There is also a clearly positive effect on access to and consumption of health care, with suggestive but more limited evidence on improved health outcomes. There is no evidence of significant reductions in provider access, changes in labor supply, or increased budgetary pressures on state governments, and the law's total federal cost through 2018 has been less than predicted. We conclude by describing key policy implications and future areas for research.     

Social Networks and Protest Participation: Evidence from 130 Million Twitter Users

Pinning down the role of social ties in the decision to protest has been notoriously elusive, largely due to data limitations. Social media and their global use by protesters offer an unprecedented opportunity to observe real‐time social ties and online behavior, though often without an attendant measure of real‐world behavior. We collect data on Twitter activity during the 2015 Charlie Hebdo protest in Paris, which, unusually, record real‐world protest attendance and network structure measured beyond egocentric networks. We devise a test of social theories of protest that hold that participation depends on exposure to others' intentions and network position determines exposure. Our findings are strongly consistent with these theories, showing that protesters are significantly more connected to one another via direct, indirect, triadic, and reciprocated ties than comparable nonprotesters. These results offer the first large‐scale empirical support for the claim that social network structure has consequences for protest participation.     

Responsiveness without Representation: Evidence from Minimum Wage Laws in U.S. States

How well does public policy represent mass preferences in U.S. states? Current approaches provide an incomplete account of statehouse democracy because they fail to compare preferences and policies on meaningful scales. Here, we overcome this problem by generating estimates of Americans' preferences on the minimum wage and compare them to observed policies both within and across states. Because we measure both preferences and policies on the same scale (U.S. dollars), we can quantify both the association of policy outcomes with preferences across states (responsiveness) and their deviation within states (bias). We demonstrate that while minimum wages respond to corresponding preferences across states, policy outcomes are more conservative than preferences in each state, with the average policy bias amounting to about two dollars. We also show that policy bias is substantially smaller in states with access to direct democratic institutions.     

No change is a good change? Restrictive deterrence in illegal drug markets

Purpose

This study applies the concept of restrictive deterrence to a sample of drug market offenders. In particular, we assess the influence of behavioral changes post-arrest on time to rearrest.

Methods

The sample consists of arrest data on all drug offences in South Australia from the start of 2000 to the end of 2007 (n = 26819). Cox proportional hazard models are used to conduct survival analyses. Supplementary models focus on those repeatedly arrested for cannabis cultivation to assess the influence of adjusting amounts of drugs on time to rearrest.

Results

Changing behaviors is related to more rapid rearrest. Switching offense location, drug seriousness, and charge seriousness are all risk factors. However, among offenders repeatedly arrested for cannabis cultivation, changing location and increasing the number of plants they grow is related to a longer period before rearrest.

Conclusions

Offenders that change their drug market behavior after being arrested appear to be placing themselves in situations in which they are more likely to fail due to the dangers of breaking into an unfamiliar market or offense pattern. Offenders with the longest post-arrest survival seem to be those that maintain their overall pattern of behavior while implementing subtle arrest avoidance techniques.