The Influence of Administrative Law Judge and Political Appointee Decisions on Appellate Courts in National Labor Relations Board Cases

Scholars have long been simultaneously concerned with the factors that influence appellate court decision making and the level of deference that the courts allow for agencies. However, scholars have treated administrative agencies as unitary actors with a single level of decision making, but in reality agency decisions involve input from multiple actors within the agency. I argue that appellate courts rely more heavily on decisions made by actors in the bureaucracy with greater levels of expertise and who are less politically motivated as cues in their decision making. This theory is bolstered by legal precedent in the area of administrative law that suggests courts should more heavily rely on the expert judgment of administrative judges. Thus, as a result of their increased expertise, appearance of political neutrality, and institutional support, courts will be more reliant on decisions issued by administrative law judges (ALJs) than those issued by the political appointees as cues in their decision making. Using over 300 unfair labor practice decisions issued by the federal appeals courts on review of cases from the National Labor Relations Board (NLRB or Board), I develop a model of appeals court decision making in unfair labor practice cases as a function of the initial decision of the ALJ, the final order of the political appointees of the NLRB, case characteristics, the ideology of the deciding appeals court panel, Supreme Court influence, and economic factors. Though the ideology of the court plays a role in its decision making, cues from ALJ decision making and that of the Board weigh more heavily in appellate court outcomes. However, cues from ALJ decisions play the most consistent role in appellate court decision making, even in more difficult cases. This has important implications for agency strategy in courts and suggests that future research should consider the influence of lower‐level decision making over appellate court decision making in the area of administrative law.     

Strategic campaigning, closeness, and voter mobilization in U.S. Presidential elections

The scholarly literature on voter mobilization is ambivalent regarding the effects of closeness on turnout. Economic analyses of turnout (i.e. the classic calculus of voting) contend that as elections become closer, voters perceive their participation as more valuable because there is a greater chance that they will cast the deciding vote. Other work argues that voters do not take closeness into account because the probability that their vote uniquely changes the outcome of an election is quite small even in close elections. Still, this second perspective maintains that closeness may increase turnout because elites distribute campaign resources to places where election results could be affected by mobilizing additional supporters. While the latter perspective is theoretically well-developed, empirical support for the notion that elite activity (rather than citizen perceptions) connects closeness and turnout is limited. Using improved measures of closeness and campaign activities, we test for citizen perception and elite mobilization effects on turnout in the context of U.S. Presidential elections. Results show that while closeness has no direct effect on turnout, elites indeed target campaign activities on close states and the asymmetric distribution of resources across states results in higher turnout in battleground states.     

Hooks down! Anti-apartheid activism and solidarity among maritime unions in Australia and the United States*

Our research compares and contrasts the transnational activism of maritime unions in Australia and the United States in what became the first and longest example of global solidarity in the post-World War II era – the anti-apartheid movement. Dockworkers, with a deep history of solidarity, occupied a strategic position to exert real influence on the South African state by refusing to unload South African cargo. We analyze the actions of the Waterside Workers’ Federation (WWF) in Australia and the International Longshore and Warehouse Union (ILWU) in the US, namely by exploring notions of solidarity and political unionism among marine transport workers, ideological motivations for solidarity activism, ethnic and race relations among workers, and labor connections these maritime unions made beyond the waterfront. We find and account for similarities and differences in Australian and US labor activism that often is underrepresented and incompletely explained in the literature.     

Transnational innovation networks aren’t all created equal: towards a classification system

This paper examines the growth of transnational networks of innovation and proposes a preliminary classificatory system of four distinct kinds of forces which give rise to social networks that facilitate knowledge flows, relationship building, and collaborative activities important to accessing global markets. The networks may form around a technology sector, be identity based, emerge from a government-led initiative, or be stimulated by a civic or philanthropic organization. Each has a different mode of organizing, financing, and meeting its objectives, as shown by examples presented in the paper. The proposed classification of these characteristics is intended to open a conversation within the social sciences and among policy makers about how better to understand the ways in which transnational networks get formed, operate and produce desired results.     

The Anatomy of a Pipe Bomb Explosion: Measuring the Mass and Velocity Distributions of Container Fragments

Improvised explosive devices such as pipe bombs are prevalent due to the availability of materials and ease of construction. However, little is known about how these devices actually explode, as few attempts to characterize fragmentation patterns have been attempted. In this study, seven devices composed of various pipe materials (PVC, black steel, and galvanized steel) and two energetic fillers (Pyrodex and Alliant Red Dot) were initiated and the explosions captured using high‐speed videography. The video footage was used to calculate fragment velocities, which were represented as particle velocity vector maps. In addition, the fragments were weighed. The results demonstrate a correlation between the type of energetic filler and both the size and velocity of the fragments. Larger fragments were produced by Pyrodex filler indicating a less complete fragmentation, compared with smaller fragments produced by double‐base smokeless powder. Additionally, higher fragment velocities were seen with Alliant Red Dot filler.     

Cultural encounters: learning from cross-disciplinary science and development practice in ecosystem health

Overcoming challenges to ecosystem health calls for breaking down disciplinary and professional barriers. Through reflection on a research and development project to address pesticide-related concerns in northern Ecuador, this article presents challenges encountered and accommodations made, ranging from staff recruitment, through baseline assessments and community education activities, to mobilising for policy change. In so doing, it exposes underlying problems of paradigm and process inherent in bringing researchers and development practitioners together, in addition to the problematic role of advocacy that is associated with joint research and development initiatives in the fields of agriculture and health.     

Rent-seeking in the classroom and textbooks: Where are we after 50 years?

In this paper, we provide an overview of the influence of Tullock’s work on rent-seeking in the area of economics education. After summarizing the basic rent-seeking model in both a domestic and international context, we conduct an analysis of undergraduate and graduate textbooks in public economics. We find a majority of undergraduate texts cover rent-seeking in depth, but two texts provide zero coverage. No graduate textbook surveyed mentions rent-seeking. We conclude by summarizing the economic education literature on rent-seeking, which can be divided into either classroom experiments or popular culture examples.

     

Science and the Death Penalty: DNA, Innocence, and the Debate over Capital Punishment in the United States

The death penalty debate in the United States has recently undergone a fundamental shift. The possibility of executing the innocent has emerged as some abolitionists' most salient argument, displacing debates over such issues as fairness, deterrence, and cost. Innocence has managed to move to the fore of the debate in part because of the success of death penalty opponents in attaching epistemological certainty to one particular category of postconviction exonerations, those vouched for by the authority of DNA evidence. We suggest that such moves are primarily rhetorical because, while DNA evidence may be more accurate and reliable than other forensic science, it still fundamentally probabilistic in nature and is prone to uncertainties at all stages of its production. Yet, because of the certainty attached to DNA evidence in public discourse, it can be used as a lever with which to challenge law's claims to truth-making authority, and to undermine public trust in the death penalty. A few abolitionists and other scholars have expressed misgivings about the abolitionist embrace of the innocence argument. We push this concern further, suggesting that both abolitionists and death penalty reformers, who seek to promote a "scientific" death penalty centered on DNA evidence, draw upon a mythologized notion of "science" as a producer of epistemic certainty.