Gone with the Wind: Federalism and the Strategic Location of Air Polluters

In federal systems, both state governments and firms have incentives to strategically locate polluting facilities where the environmental and health consequences will be borne as much as possible by residents of other jurisdictions. We analyze air polluter location in the United States using a spatial point pattern model, which models where events occur in latitude and longitude. Our analyses indicate that major air polluters are significantly more likely to be located near a state's downwind border than a control group of other industrial facilities, results that are robust to a wide variety of model specifications and measurement strategies. This effect is particularly pronounced for facilities with toxic air emissions. The observed pattern of polluter location varies systematically across states and time in ways that suggest it is responsive to public policy at both the national and state levels.     

Promoting Participation? An Examination of Rulemaking Notification and Access Procedures

This study documents state implementation of mechanisms designed to promote public participation in agency rulemaking. Many scholars have questioned the effectiveness of such mechanisms, arguing that they fail to encourage greater participation or that increased participation does not affect the substance of administrative rules. Using data from a unique survey of state administrators, the author employs multivariate analyses to assess the relationship between these measures and the perceived influence of external actors. The results suggest that critics may understate the importance of public notification and access procedures. These devices are associated with increases in the impact that a wide variety of actors are perceived to have on the content of agency rules.     

The Attitudes of the Chinese Middle Class Towards Democracy

Little has been done to quantitatively establish the connection between the middle class and a specific regime type. In an effort to fill in the gap, this study uses Asian Barometer survey dataset to examine the attitudes and orientation of China’s rising middle class. We find that the Chinese middle class does show higher democratic orientation than those we categorize as lower class, but only if class is defined by occupation or by self-identification, and not by income level. We interpret this result to mean that economic development offers new life experiences with the creation of new types of professions and enhances people’s agreement with modern democratic values by arousing people’s consciousness of their new social class status.

The Frye hearing in Florida: an attempt to exclude scientific evidence

State Supreme Courts require a minimum threshold of reliability and acceptance in the scientific community for all medical and similar evidence to be admitted at trial. In Florida and some other states, the courts adhere to what is known as the Frye standard, whereas in most states and in Federal Courts, it is the so-called Daubert standard. The jurisdiction of the present case is Hillsborough County (Tampa), Florida. Forensic pathologists seldom, if ever, are requested to participate in such hearings, unlike their toxicological and basic science colleagues who are more involved in research methodology and technical procedures. The burden is on the proponent of the evidence to prove the general acceptance of both the underlying scientific principle of the test and procedures used to apply that principle to the facts of the case at hand. The trial judge has the sole discretion to determine this question and general acceptance must be established by a preponderance of the evidence. The authors describe in detail a hearing in a case in which they were all involved. One author (WQS) had researched and documented the original scientific methodology in the literature. The situation involved a car and tractor trailer crash with the two occupants of the car dying of multiple trauma, whereas the truck driver was not injured. Autopsy of the auto driver revealed multiple injuries with exsanguination, and only vitreous humor and liver tissue, but not blood, were tested for ethyl alcohol. The estate of the driver of the automobile brought suit against the owner of the trucking company for wrongful death. The plaintiff requested a Frye hearing to question the reliability of testing other body specimens to translate to probable blood alcohol level. The testimony, submitted documents, and eventual decision by the judge are discussed.     

Medieval Security in the Modern State

Abstract. The size of the private security industry has increased substantially in recent decades. While previous research has focused on the industry's growth trajectory, less emphasis has been placed on explaining the nature and diversity of private security services. This article investigates the possibility of studying private security with the feudal model. Feudalism is introduced as an ideal type and the paper explains why it is necessary for understanding the independent control of violent force—termed here as ‘private coercion’—in contemporary society. The feudal model provides a unique historical lens through which to re-examine previous studies on this subject. In many ways, private coercion is incongruent with the traditional vision of liberal, capitalist society. The feudal model reveals these inconsistencies as it identifies private coercion as a means of creating wealth that violates the state's monopoly on violence, challenges the public sphere of governance and redefines the boundaries between public and private space. This article suggests that any explanation of modern modes of securing life and property is incomplete without the feudal model.