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Structure and Process: Examining the Interaction between Bureaucratic Organization and Analytical Requirements
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Stuart Shapiro 《政策研究评论》2017,34(5):682-699
Attempts by politicians to control bureaucratic decisions include both structural (how is the agency making the decision organized?) and procedural (what rules must they follow when making the decision?). But how do these two modes of influence interact? This article examines the interaction between bureaucratic structure and one procedural control, the requirement that agencies conduct an analysis of their decisions prior to their issuance. I look at this interaction in the context of two types of analysis, cost‐benefit analysis and environmental impact assessment. I interview 16 individuals in each field and draw from their experiences of conducting and reviewing more than a thousand analyses. The conduct of analysis is affected by where analysts are placed in agencies. In particular, independence of analysts has a trade‐off. The more independent analysts are, the more likely they can challenge preferred decisions in their agency. But independent analysts are brought into decisions later and their independence may limit their long‐term impacts on agency culture. Despite this trade‐off, analysts expressed a clear preference for independence. The interaction between different controls of bureaucratic behavior is a potentially fruitful line for further research. 相似文献
84.
What's wrong with the back of the envelope? A call for simple (and timely) benefit–cost analysis
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Observers across the ideological spectrum have criticized benefit–cost analysis for as long as it has been part of the rulemaking process. Still, proponents and detractors agree that analysis has morphed into a mechanism often used by agencies to justify regulatory decisions already made. We argue that a simpler analysis of more alternatives conducted earlier in the regulatory process can resuscitate it as a tool to inform policy. Recognizing that requiring a procedure does not ensure that regulators will follow it, we offer possible remedies, including strengthening or relaxing subsequent review of proposed rules, which raise the cost of circumventing the reform or lower the cost of following it. 相似文献
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Martin Shapiro 《European Law Journal》1996,2(1):26-47
Abstract: The US Administrative Procedures Act of 1946 was engendered by partisan political conflicts. Initially judicial review of administrative rule-making under the act was extremely deferent. In the course of the 1960s and 1970s the federal courts, basing themselves upon the unchanged language of the statute, created a new body of administrative law characterised by very great demands on the agencies and very intrusive judicial review. This transformation was fuelled by partisan realignments, fear of technocracy and desire for greater transparency and popular participation in government decision-making. Because these same forces are now active in relation to the Union, it may be anticipated that similar tendencies toward a demanding procedural law of rule-making and high levels of judicial review will be felt as Union administrative law develops. 相似文献
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Political Behavior - In this paper, we examine the ways in which citizens emotionally react to and cognitively process campaign advertisements that contain group-based appeals. Specifically, we... 相似文献
90.
Goodman Gail S. Tobey Ann E. Batterman-Faunce Jennifer M. Orcutt Holly Thomas Sherry Shapiro Cheryl Sachsenmaier Toby 《Law and human behavior》1998,22(2):165-203
The present study was designed to examine effects of closed-circuit technology on children's testimony and jurors' perceptions of child witnesses. For the study, a series of elaborately staged mock trials was held. First, 5- to 6-year-old and 8- to 9-year-old children individually participated in a play session with an unfamiliar male confederate. Approximately 2 weeks later, children individually testified about the event at a downtown city courtroom. Mock juries composed of community recruits viewed the trials, with the child's testimony presented either live in open court or over closed-circuit television. Mock jurors made ratings concerning the child witness and the defendant, and deliberated to reach a verdict. Results indicated that overall, older children were more accurate witnesses than younger children. However, older, not younger children produced more inaccurate information in free recall. Compared to live testimony in open court, use of closed-circuit technology led to decreased suggestibility for younger children. Testifying in open court was also associated with children experiencing greater pretrial anxiety. Closed-circuit technology did not diminish factfinders' abilities to discriminate accurate from inaccurate child testimony, nor did it directly bias jurors against the defendant. However, closed-circuit testimony biased jurors against child witnesses. Moreover, jurors tended to base their impressions of witness credibility on perceived confidence and consistency. Implications for the use of closed- circuit technology when children testify are discussed. 相似文献