Political Bargaining and the Timing of Congressional Appropriations

Although Congress passes spending bills every year, there is great variation in the amount of time it takes. Drawing from rational models of bargaining, we identify factors that systematically affect the duration of legislative bargaining in the appropriations process. Analysis of spending bills for fiscal years 1977 to 2009 shows that delays are shorter when the ideological distance between pairs of key players decreases and distributive content is higher, but they are longer following an election. We find that congressional parties matter but that intraparty conflict matters as well, which suggests that Appropriations Committees retain significant autonomy in Congress.     

Adolescent Sexual Victimization, ADHD Symptoms, and Risky Sexual Behavior

This study examined the association between ADHD symptoms experienced before age 12 and sexual victimization during adolescence in a sample of 374 college women who had not been sexually victimized as children. The linkage with risky sexual behavior and the moderating effects of sociodemographic factors also were considered using structural equation modeling. ADHD symptoms were associated with greater sexual victimization during adolescence and were linked with sexual victimization through engagement in risky sexual behavior. Sociodemographic factors did not affect the overall model; however, sociodemographic factors were differentially related to certain paths in the model. In particular, the associations between ADHD symptoms and sexual victimization, as well as risky sexual behavior, were stronger for Black than White women. Also, the relation between ADHD risky sexual behaviors was stronger for young women who grew up with only their mother than with both parents, and for those whose primary caregiver was employed rather than unemployed.     

Street‐Level Tort Law: The Bureaucratic Justice of Liability Decision‐Making

Most legal scholarship on tort focuses primarily on judicial decisions, but this represents only a limited aspect of tortious liability. The vast majority of decisions concerning tortious liability are made by bureaucrats. Unavoidably then, there are two tiers of justice in tort law. This article focuses on the lower tier – bureaucratic decision‐making – arguing that the justice of bureaucratic decisions on tort should be considered on its own terms and not by judicial standards. We develop the notion of bureaucratic justice, applying a normative framework originally set out in relation to public administration. This enables an evaluation of the strengths and weaknesses of different ways of bureaucratically determining liability claims in tort. The regimes discussed concern the liability of public authorities, but decision makers comprise both state and non‐state actors and the bureaucratic justice framework is, in principle, applicable to understand and evaluate the liability of both public and private actors.     

The Impact of Federal Preemption of State Antipredatory Lending Laws on the Foreclosure Crisis

State antipredatory lending laws (APLs) are designed to protect borrowers against predatory lending that can increase the risk of default and deplete the home equity held by borrowers. Federal regulators instituted preemption that limited the scope and reach of state antipredatory lending regulations for certain lenders. Based on the variation in state laws and the variation in the regulatory environment among lenders, this paper identifies the effects of federal preemption of state APLs on the quality of mortgages originated by preempted lenders. The results provide evidence of a relatively higher increase in default risk among loans exempted from strong state antipredatory laws. These results are most robust among refinance mortgages with adjustable interest rates—a large and highly dynamic market in the period of analysis. The findings provide initial evidence that preemption of state mortgage lending regulations may result in an increase in mortgage default risk, thus limiting consumer protection in the residential mortgage market.     

Playing the Wrong PART: The Program Assessment Rating Tool and the Functions of the President's Budget

The extensive literature about the George W. Bush administration's Program Assessment Rating Tool (PART) has not emphasized an issue that appears quite clearly in interviews with senior Office of Management and Budget (OMB) and congressional staff. Budget analysis can pursue efficiency in two ways. One, the object of traditional analysis, involves assessing programs to understand the ratio of inputs to outputs within an agency, and thus the effects of more or less funding. Another approach, termed “budgeting for results,” measures program performance so as to allocate funding among programs in a way that increases total welfare. The second approach is much more difficult because it necessitates comparison of measures of unlike phenomena, requires expertise that often does not exist, and is more easily contested as invoking values rather than facts. Both congressional and OMB sources report concerns that PART weakened budget analysis by diverting resources from traditional analysis. If one goal of reformers is for the OMB to provide analysis that will influence Congress, the focus should be on strengthening the capacity to do traditional budget analysis.     

The Impact of Psychological Injuries on Sexual Harassment Determinations

Although a plethora of studies focus on jury decision making in sexual harassment cases, few studies examine damage award assessments in such suits, and even fewer explore the impact of psychological injury on jurors’ liability and damage award assessments. In the present study, 342 undergraduates read a hostile environment sexual harassment case that manipulated the plaintiff’s psychological injury level (severe vs. mild vs. control) to investigate whether males and females made different damage decisions. Males using a reasonable person standard found more liability as the severity of the plaintiff’s psychological injury increased. However, males using a reasonable woman standard found less liability with the addition of any psychological injury information. Similarly, for mild and severe injuries, males using the reasonable woman standard awarded lower damages than males using the reasonable person standard. Females tended to find more harassment than males, but psychological injury and legal standard had little impact on females’ legal decisions. We discuss these findings in light of the positive relationship often observed between the plaintiff’s injury severity level and pro-plaintiff verdicts.     

Prosecution and sentencing in relation to environmental crime: Recent socio-legal developments

This article provides an overview of recent developments in prosecution and sentencing as these pertain to environmental crime. After a brief consideration of who does what in the area of environmental regulation, the article surveys existing and emerging types of sanctions in this area. The limitations and opportunities for concerted and effective social responses to environmental crime are explored and critically assessed.     

My health policy nightmare

Imagine that the United States did not have universal public education. What would the politics of extending access to education look like? It might have a nightmarish cast but also look rather familiar. Thinking about that yields some disturbing implications about the politics of health reform and, in particular, the politics of universal coverage within the broader policy discussion about "health reform."     

Trends in Adult Suicides in New Mexico: Utilizing Data from the New Mexico Violent Death Reporting System*

Abstract: Although many suicide prevention programs focus on youth suicides, data indicate the vast majority of suicides occur among adults (18–64 years). In 2005 New Mexico joined the Centers for Disease Control and Prevention’s National Violent Death Reporting System, collecting data on suicides, homicides, and unintentional firearm fatalities to better inform state and national prevention programs. We utilized data collected by the New Mexico Violent Death Reporting System in its first 2 years of operation (2005 and 2006) in order to define the demographic patterns of adult suicides in the state and characterize risk factors. A total of 526 suicides occurred among adults during this time, with the majority being male (78.5%) and White non‐Hispanic (56.7%). The highest incidence was in adults between 45 and 54 years (28.1%). Firearms were the most commonly used mechanism, and “current depressed mood” the most commonly identified risk factor. High rates of adult suicide indicate the need for targeted prevention programs.     

Accuracy of Dental Age in Nonadults: A Comparison of Two Methods for Age Estimation Using Radiographs of Developing Teeth

This research tests the accuracy of two methods for age estimation, Cameriere's European formula and AlQahtani's London Atlas, on a multi‐population American sample. Digitized radiographs of 360 European American, Hispanic, and American Indian children aged 6–17 years were analyzed. The accuracy of these methods was assessed using the mean and absolute mean difference of the residuals. Results indicate that Cameriere's European formula underestimated age for both sexes, with a mean difference of ?1.19 years for girls and ?1.32 years for boys, prompting the first author to create an American‐specific formula. The London Atlas underestimated age with a mean difference of ?0.18 years for girls and ?0.16 years for boys. Sex and ancestry had no significant affect on accuracy. The results indicate that both methods can be used for age estimation in an American population.