Gubernatorial Transition in Florida: A Look at How Politics, Budgeting, and Policy Analysis Interface

This article details the use of policy-focused transition teams during Florida's most recent gubernatorial transition. In a marked shift from the past, the most recent transition separated the appointments and policy advisory functions. The inseparable nature of politics, budgeting, and policy analysis are demonstrated via: (1) an analysis of the transition budget; (2) a detailed look at team structures and their role in agency performance evaluation; (3) a calculation of the fiscal and policy impacts of team recommendations; (4) post-session assessments of the governor's first legislative agenda; and (5) post-transition interviews with key participants.     

Looking Ahead: Addressing Ethical Challenges in Public Health Practice

Ethical challenges in public health can have a significant impact on the health of communities if they impede efficiencies and best practices. Competing needs for resources and a plurality of values can challenge public health policymakers and practitioners to make fair and effective decisions for their communities. In this paper, the authors offer an analytic framework designed to assist policymakers and practitioners in managing the ethical tensions they face in daily practice. Their framework is built upon the following set of six considerations: determining population-level utility of the proposed action; demonstrating evidence of need and effectiveness of actions; establishing fairness of goals and proposed implementation strategies; ensuring accountability; and, assessing expected efficiencies and costs associated with the proposed action. Together, these considerations create a structured guide to assist decision-makers in identifying potential ethical challenges and in assessing the moral considerations that underlie public health practice - and possibly even, if the conditions are met, reduce the creation of ethical tension. Although the authors'empirical experiences provide the basis for the framework advanced here, their approach remains to be tested and evaluated by public health practitioners.     

The Meaning of Champion Dyeing and Finishing: EIL Insurance Must Be Available in the Year That the Precise Risk Manifested Itself

Champion Dyeing & Finishing Co., Inc. v. Centennial Insurance Company and North River Insurance Company, decided in November 2002, represents a decisive victory for policy holders in environmental coverage litigation involving the availability of EIL insurance after 1985 or 1986. EIL coverage was generally unavailable after 1985 and until 1995, particularly for old leaking underground storage tanks (UST's). The availability issue arises in environmental coverage cases where the court adopts a prorata rather than joint and several theory of allocating responsibility for cleanup costs, and when in such cases there are periods of no insurance, because, for example of the insertion of the absolute pollution exclusion in commercial general liability (CGL) policies. In those circumstances, the courts apply the “willing self-insurer” rule and allocate responsibility to the insured who willingly decided to retain the risk. Until Champion Dyeing, there was little guidance about how to determine availability in the context of site-specific environmental pollution. The case was part of a 1998 declaratory judgment action by a small manufacturing company seeking reimbursement for cleanup costs attributable to pollution from two fuel oil storage tanks found leaking in November 1997. Reversing the trial court's decision, the New Jersey appellate court found that defendants failed to prove insurance available to the insured in 1997 and that therefore the duty to indemnify should have been apportioned solely among the insurers. In doing so, it stressed the necessity of demonstrating that insurance could have been purchased covering the precise risk that manifested, not simply that EIL insurance covering undefined risks was available. Its rationale was based on a recognition of the two essential differences between EIL and CGL insurance: claims made trigger of coverage and coverage of specific pollution conditions rather than generalized occurrences. In addition, testimony at trial failed to demonstrate the availability in 1997 of insurance providing coverage for the risk at issue because the testimony at the insurer's expert lacked foundation. This decision indicates that, in order to prove or disprove availability, the parties must first hire a competent environmental insurance expert and then must ask and answer three questions: What policies were being issued in the market that applied to the particular type of risk during the relevant time period, and especially in the year that the risk manifested? Would the insured have been able to purchase one of these policies or endorsements for its particular risk? Would the policy terms have provided coverage for the specific manifested risk in question? After applying these three questions to a number of hypotheticals with typical fact patterns, it is evident how impossible it is to prove coverage available for UST risks such as in the Champion case and how extremely difficult it will be to do so for non-UST, generally-site specific risks.     

Implementation Studies: Time for a Revival? Personal Reflections on 20 Years of Implementation Studies

This paper presents a review of three decades of implementation studies and is constructed in the form of a personal reflection. The paper begins with a reflection upon the context within which the book Policy and Action was written, a time when both governments and policy analysts were endeavouring to systematize and improve the public decision-making process and to place such decision-making within a more strategic framework. The review ends with a discussion about how public policy planning has changed in the light of public services reform strategies. It is suggested that as a result of such reforms, interest in the processes of implementation have perhaps been superseded by a focus upon change management and performance targets. It is further argued that this has resulted in the reassertion of normative, top-down processes of policy implementation. The paper raises points that are important ones and indeed are reflected throughout all four papers in the symposium issue. These are: (1) the very real analytical difficulties of understanding the role of bureaucratic discretion and motivation; (2) the problem of evaluating policy outcomes; and (3) the need to also focus upon micro political processes that occur in public services organizations. In conclusion, the paper emphasizes the continued importance of implementation studies and the need for policy analysts to understand what actually happens at policy recipient level.     

The impact of litigants' baby-facedness and attractiveness on adjudications in small claims courts

The effects of litigants' facial appearance on judicial decisions were investigated in 506 cases heard in small claims courts. Replicating previous laboratory studies, both baby-facedness and attractiveness exerted a significant impact on adjudications. As plaintiffs increased in attractiveness, defendants were more likely to lose the case. Also, as defendants increased in baby-facedness, they were more likely to win cases involving intentional actions and less likely to win cases involving negligent actions, although the latter simple effect was not significant. Finally, as defendants increased in facial maturity, they were required to pay larger monetary awards to baby-faced plaintiffs, albeit not to average or mature-faced plaintiffs. This pattern of decisions was interpreted as reflecting assumptions about the psychological attributes of baby-faced versus mature-faced individuals. The effects of the extralegal variables of litigant attractiveness and baby-facedness were sufficiently large to have practical as well as statistical significance, and they were independent of each other and the age of the litigants as well as of legal variables predicting adjudications.This research was supported by NIMH grant No. BSR 5 R01 MH42684 to the first author. Thanks are extended to Philip Shapiro for his help with legal terminology, to Steven Samuels for his help in the data collecton, and to Michael Berbaum and Avron Spiro III for their statistical assistance in the data analysis.     

The Politics of Vulnerability: Constructing Local Performance Regimes for Homeland Security

Paradoxically, the greater the national security threats, the more important the role of local policy in the United States. In this article we examine homeland security initiatives—particularly the tension between risk and vulnerability—and the governance dilemmas they pose for local communities. In contrast to the usual emphasis on coordination and capacity, we argue for conceptualizing local imperatives attendant to homeland security as collective action problems requiring the construction of local performance regimes. Performance regimes must engage three challenges: (1) to enlist diverse stakeholders around a collective local security goal despite varying perceptions of its immediacy; (2) to persuade participants to sustain their involvement in the face of competing demands, and (3) to create a durable coalition around performance goals necessary for reducing local vulnerability. Using these analytic categories casts local homeland security issues in strategic terms; it also encourages comparisons of local governance arrangements to respond to risk and vulnerability.