Selecting Constitutional Judges Randomly

This article discusses from the perspective of democratic theory an innovative proposal for the selection of constitutional, supreme court, or federal judges that aims at combining the values of expertise and political independence. It consists in combining a certification process – selecting a pool of properly qualified candidates – with a random selection among this pool. We argue that such selection procedure would better respect the separation of powers and the specific legitimacy of courts, and we champion this two‐stage mechanism vis‐à‐vis other, more traditionally employed, selection procedures. We then deal with a diversity of objections to our proposal and conclude by taking stock of both its virtues and limitations.     

Exploring the Effects of North–South and South–South Research Collaboration in Emerging Economies,the Colombian Case

International research collaboration (IRC) is associated with both positive and negative effects on the performance of research in emerging economies. While some authors claim that North–South collaborations improve scientific quality and visibility for Southern countries, others claim that it may entail the reorientation of research to comply with Northern agendas. South–South collaborations are thought to increase the focus on local affairs, therefore leading to a relatively small number of scientific international publications appearing in “high quality” journals. Research on the impact of IRC beyond publications in international journals has been neglected despite the importance of other products in knowledge creation. This research uses a broad range of scientific outputs to empirically assess such assumptions and explore the outcomes of IRC in Colombia. Results from multivariate regressions and nonparametric analyses show that, contrary to common assumptions, Colombian research teams collaborating with partners from the global South report higher scientific production, while those collaborating with Northern countries seem to contribute to local knowledge the most.     

Varieties of consumer credit data regimes: A regulatory governance approach

Credit markets are expanding, and with them also the automated, large‐scale commercialization of personal credit data. The increasing use of data and scores for commodified decision making lends greater urgency to the study of credit data regulatory regimes. This article promotes a comparative regulatory governance perspective as the basis for theory‐driven, multidimensional measurement. In order to measure consumer protection, we distinguish three different subregimes (collection, profiling, and use) and construct a two‐dimensional index of consumer protection (market restriction and user empowerment). We then assess the index and demonstrate its applicability and validity, building on empirical analysis of the regulatory regimes in the United States, France, Sweden, and Israel for the year 2019. Our approach points to a new direction in researching and measuring regulatory regimes in a comparative manner, which looks beyond national analysis toward an in‐depth understanding of other, equally important, levels of variation.     

Race, Region, and Representative Bureaucracy

Scholars of representative bureaucracy have long been interested in the linkage between passive representation in public agencies and the pursuit of specific policies designed to benefit minority groups. Research in this area suggests that the structural characteristics of those organizations, the external political environment, and the perceptions of individual bureaucrats each help to facilitate that relationship. Work to date has not, however, sufficiently investigated the impact of region on representation behavior, which is surprising given the emphasis that it receives in the broader literature on race and politics. Drawing on that literature, this study argues that, for black bureaucrats, region of residence is an important moderator of active representation because it helps to determine the salience of race as an issue and the degree of identification with racial group interests. It tests hypotheses related to that general argument in a nationally representative sample of more than 3,000 public schools. The results suggest that black teachers produce greater benefits for black students in the South, relative to other regions. A supplementary analysis also confirms the theoretical supposition that race is a more salient issue for Southern black bureaucrats, when compared with their non-Southern counterparts.     

Agency Problems, the 17th Amendment, and Representation in the Senate

A prominent change in American electoral institutions occurred when the 17th Amendment to the Constitution established direct election of U.S. Senators as of 1914. How did this change the political agency relationship between the mass electorate and U.S. Senators? We develop theoretical expectations about the representational effects of direct election by a relatively inexpert mass electorate and indirect election by a relatively expert political intermediary, based on principal‐agent theory. The chief predictions are that the representative will be more responsive to the mass electorate under direct election, but will also have more discretion to pursue his or her own ends. We use the 17th Amendment as a quasi‐experiment to test the predictions of the theory. Statistical models show strong support for both predictions. Moreover, the 17th Amendment is not associated with similar changes in the U.S. House of Representatives—as expected, since the amendment did not change House electoral institutions.     

Parental leave policies and parents' employment and leave‐taking

We describe trends in maternal employment and leave‐taking after birth of a newborn and analyze the extent to which these behaviors are influenced by parental leave policies. Data are from the June Current Population Survey (CPS) Fertility Supplements, merged with other months of the CPS, and cover the period 1987 to 1994. This time span is one during which parental leave legislation expanded at both the state and federal level. We also provide the first comprehensive examination of employment and leave‐taking by fathers of infants. Our main finding is that leave expansions are associated with increased leave‐taking by both mothers and fathers. The magnitudes of the changes are small in absolute terms but large relative to the baseline for men and much greater for college‐educated or married mothers than for their less‐educated or single counterparts. © 2009 by the Association for Public Policy Analysis and Management     

Dynamic Representation(s): Federal Criminal Justice Policy and an Alternative Dimension of Public Mood

Does public policy respond to public opinion? Previous research suggests dynamic representation occurs in the aggregate. Yet, most of the evidence for policy response is limited to the policy intentions of elected officials on issues related to more or less government spending. We examine policy response to an alternative dimension of public mood, public preferences for more or less punitive criminal justice policies, using multiple indicators of policy from various stages of the policy-making process. Criminal justice policy should be responsive to public preferences given the public’s concern about crime and the negative social construction of criminals. Thus, there is an electoral incentive for public officials to respond to public preferences along this alternative dimension of public sentiment regarding criminal justice policy. We estimate a DYMIMIC model of federal criminal justice policy as a function of the multiple dimensions of public policy mood using Kalman filtering. The results indicate that criminal justice policy responds to the second, not the first, dimension of public mood. We find evidence that policy-makers at multiple stages of the policy process are able to differentiate among multiple signals from the public and respond appropriately. The results present a more sophisticated portrait of democratic responsiveness.