Deterrence Theory and the Implementation of Speed Limits in the American States

Despite the ubiquitous nature of these policies, there is disagreement in the literature regarding the direction and size of the impact that speed limits have on traffic‐related fatalities. We argue in this paper that the mixed results in previous work may arise because these studies have missed an important component of the implementation of speed limit laws. More explicitly, they have failed to adequately control for the deterrent effect of enforcement and sanctions. We develop the argument that the observed impacts of speed limits will be overly large when the certainty and severity of punishment are not accounted for. We test this assertion in a cross‐sectional time series analysis of state‐level traffic fatalities from the years 1990–2006 and find that lower speeds do save a significant number of lives. Interestingly, we find that the impact is significantly overestimated for 65‐mph limits and significantly underestimated for 70‐mph limits when enforcement, penalties, and the interaction of the two are excluded. The results also suggest that fines have a rather modest impact on fatalities unless states employ a sufficient number of troopers to enforce posted limits. In addition to clarifying previous findings related to speed limit policy, therefore, the findings contribute to the general application of deterrence theory by empirically confirming that the importance of sanction severity is dependent on the perceived certainty of punishment.     

Policy Climates,Enforcement Rates,and Migrant Behavior: Is Self‐Deportation a Viable Immigration Policy?

U.S. immigration policy has been the subject of considerable debate in recent years. Previous research has focused on how temporal variation in federal policy has altered the migratory behavior of immigrants. The effect of spatial variation in enforcement remains untested. Relying on the criminological distinction between general and specific deterrence, we argue that high rates of enforcement are unlikely to encourage undocumented immigrants to self‐deport. We also examine the effects cultural and economic immigration policies adopted by the states. Previous research suggests that migrants will choose to remain in states with favorable environments, but this claim has not been directly tested. We draw on data from the Mexican Migration Project (MMP) to address these gaps. MMP data are supplemented with government data on federal enforcement obtained from Immigration and Customs Enforcement (ICE) and measures of state policy. Our findings suggest that higher rates of enforcement and the establishment of negative policy environments do not encourage undocumented immigrants to leave the United States at a higher rate than their documented counterparts do. Rather, high enforcement contexts exaggerate the differences between documented and undocumented migrant behavior, with undocumented migrants staying longer. Liberal state policies have no discernible effect.     

Buzz Kill: State Adoption of DUI Interlock Laws, 2005–11

Most states have adopted significant measures to reduce the incidence of driving under the influence (DUI) but a DUI death occurs about every 53 minutes; a significant portion of these accidents are the result of recidivist DUI drivers. A relatively new and novel way states can reduce DUI deaths from repeat offenders is to require offenders to install an interlock device on their vehicle, but not all states have adopted this measure. We explore whether the Policy Typology and Policy Diffusion Frameworks can help us understand the politics behind why some states have adopted interlock policies while others have not. Employing over‐time data from the American states our results suggest that the adoption of interlock laws is best explained by internal factors to the state and the adoption of interlock laws by neighboring states. In addition, the adoption of interlock laws is a form of incremental policymaking—states with existing DUI laws are more likely to adopt interlock policies. We conclude that interlock policies diffuse in a manner similar to other regulatory policies and that interlock policies should be categorized as protective regulatory policies rather than social regulatory policies.     

Their Views Matter: Frontline Regulators' Perceptions of the Regulated Community in Ohio

Frontline regulators are largely responsible for the implementation and ongoing compliance with environmental laws. Yet, as with other frontline worker populations, environmental regulators are routinely overlooked. Existing acknowledgment of these regulators typically only extends to the regulatory enforcement strategy their agency employs. Missing in these conversations is a focused study on regulators themselves and their perceptions of the regulated community that they interact with daily. Understanding these perceptions will provide insights into how regulators approach their interactions and how they ensure regulatory compliance. This research reports on one‐on‐one interviews and a statewide survey of Ohio Environmental Protection Agency frontline regulators and their perceptions of the regulated community. Findings from this survey reveal generally positive perceptions of the regulated community in Ohio and experiences with them. These findings call attention to a neglected population and emphasize the importance of regulators' perceptions in their regulatory approach.     

With a Little Help from Our Feds: Understanding State Immigration Enforcement Policy Adoption in American Federalism

Since 2001, state governments have adopted 287(g) cooperative immigration enforcement agreements with the federal government that authorize their law enforcement personnel to assist in detaining violators of civil federal immigration law. Employing a theoretical framework drawn from theories of policy adoption, intergovernmental relations, and immigration research, we test which state‐level political, sociodemographic, geographic, and economic determinants influence states to enter into such a cooperative agreement. In addition to finding that the partisanship of a state's governor, a state's effort on public welfare, and an increase in a state's percentage of Hispanics are related to the adoption of a cooperative immigration enforcement policy, we found evidence of “steam valve federalism” working not at the state level as Spiro (1997) first theorized but at the local level. When a state's localities adopt immigration enforcement agreements with the federal government, the state itself is far less likely to adopt their own. Understanding the reasons states would adopt this type of policy sheds light on current trends in state immigration policy and their effect on future state/federal intergovernmental relations.     

Nationality and sexuality: homophobic discourse and the ‘national threat’ in contemporary Latvia

ABSTRACT. This article seeks to understand why attitudes towards homosexuality in Latvia appear to be more intolerant than in all other EU member states. It argues that, while the impact of religion, the legacy of communism and post‐communist transition have all played a role in shaping attitudes towards homosexuality in Central and Eastern Europe, these factors do not explain sufficiently the divergence among post‐communist states and, in particular, do not account for Latvia's extreme position. While acknowledging that intolerance towards non‐heteronormative sexuality cannot be explained by a single factor but is the cumulative effect of a range of social influences, this study argues that homosexuality is particularly reviled in Latvia because it has been constructed discursively as a threat to the continued existence of the nation in its desired ethnic form and to the core values defining Latvian national identity.     

Implementation of Chinese Environmental Law: Regular Enforcement and Political Campaigns

While China has made great strides in establishing environmental laws and enforcing environmental regulation, problems of non‐compliance and weak and slow enforcement remain. This contribution analyses cases of sub‐optimum enforcement and the political campaigns that have been undertaken to deal with them. It will argue that enforcement problems are rooted in a lack of local legitimacy caused by conflicting interests of stakeholders. The case of Chinese environmental law enforcement holds lessons beyond its regional scope, about the role of law in balancing interests. Law itself does not exist in a vacuum: on the contrary, it is very much the result of conflicting interests and can be seriously challenged by the need to balance these interests. The use of political campaigns to enhance enforcement in China shows that the flexibility of political short‐term policy instruments can offer incremental improvements to enhance the balance between the conflicting interests themselves and their relation with the legal system.     

"Colorblind" Policy in Black and White: Racial Consequences of Disenfranchisement Policy

Disenfranchisement policies were formulated with discriminatory intent in several states ( Behrens, Uggen, and Manza 2003 ; Mauer 2001 ; Preuhs 2001 ). Does such discrimination persist? Do disenfranchisement laws disparately impact black voters? I argue that disenfranchisement policies target black citizens and impact black voters disparately compared with white voters. I show that disenfranchisement laws have a disparate impact on the black community that becomes increasingly disproportionate as disenfranchisement laws increase in severity. I find that disenfranchisement policies have a significant independent effect on voting rights in the black community and do not have a similar effect on white voters. I conclude that the ability of the black community to achieve adequate representation is substantially diminished as fewer and fewer blacks qualify for voter registration.     

Laying Down the Law? Interest Group Influence on State Adoption of Animal Cruelty Felony Laws

Since the late 1960s, the number and types of organized interest groups working at the state level have increased dramatically, but research shows that traditional organized interest groups, such as business and labor unions, are still the most influential in state policymaking ( Thomas and Hrebenar 1996 ). Less is known, however, about the influence of non‐economically focused interest groups in the state policy process. Using pooled cross‐sectional data from the American states, I explore the effect that nontraditional organized interests can have on state policy. Specifically, I examine the influence of the Humane Society of the United States on state adoption of animal cruelty felony laws. Although the Humane Society is not one of the traditional groups expected to have a significant influence in state policymaking, my results suggest that it has played a significant role. However, I also find that the Humane Society's influence on the stringency of these laws is less pronounced.     

Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.     

The Impact of Program Design on Enrollment in State Children's Health Insurance Programs

The success of State Children's Health Insurance Programs (SCHIP) in expanding insurance coverage among low‐income children varies considerably across states. Scholars have looked to different program characteristics to explain this variation, but have arrived at disparate conclusions regarding the impact of one of the most significant design choices—the decision to create a new program or to pursue increased child health insurance rates through an expansion of the existing Medicaid program. This study suggests that understanding the impact of programmatic choices requires a more careful consideration of the mechanisms through which these different program designs might influence enrollment than has been offered in previous research. Employing a multilevel governance framework, it suggests that there is a hitherto unexplored indirect impact, where design choices influence administrative behavior, which in turn influences enrollment success in SCHIP programs. It is important to understand the effect of administrative design choices because this is one of the key areas in which states exercise discretion in the implementation of many federal programs.     

“Blue Ribbon” Commissions,Interest Groups,and the Formulation of Policy in the American States

Despite the prevalence of state‐level commissions convened to make policy recommendations, research to date has not systematically investigated the ways in which these bodies impact policy or degree to which state‐level interest groups can use these institutions in that process. We argue that less powerful groups will favor these mechanisms and use them to get issues onto the institutional agenda and to increase the likelihood of legislative success. We also suggest that traditionally powerful groups will oppose the creation of reform‐minded task forces, but will likely use them to hinder policy change once they are formed. We test this assertion in an analysis of the creation and recommendations of task forces convened to study autism insurance mandates, as well as the eventual adoption of such mandates, in the American states between 2001 and 2010. The results suggest that public and industry groups influence the formation and recommendations of task forces, but that the latter appears to have a relatively larger impact. They also suggest that a task force recommendation has a large impact on the likelihood of adopting an autism insurance mandate and that neither the insurance industry nor autism advocacy groups have a direct influence on adoption after controlling for the presence of a recommendation.     

Punishment Policy in the American States from 1890 to 2008: Convergence,Divergence, Synchronous Change,and Feed‐Forward Effects

This analysis of the patterns of change in the use of incarceration by the American states from 1890 through 2008 focuses on multiple themes particularly relevant to an understanding of policy arenas in which the social constructions of target populations play an important role. Specifically, the study examines whether the states have adopted more similar incarceration levels over time (converged), whether they tend to change in the same direction at the same time (synchronous change), and whether they tend to stay in the same relative positions vis‐à‐vis one another, such that the historical policy position has long‐term implications for later policy positions (“feed‐forward” effects). The results indicate that, in spite of a century of social, political, and economic integration, the policy positions of the states have not exhibited a sustained convergence toward a common level of incarceration, but have undergone cycles, with some periods of convergence followed by periods of divergence. Change has generally been synchronous—as states tend to move in the same direction at the same time as if propelled by national forces even though incarceration levels are determined by state and local policy and the use of discretion by criminal justice officials. The results also indicate a profound “feed‐forward” effect in that the position of the states vis‐à‐vis one another historically has substantial predictive power for their position in subsequent years.     

The Death of Frank Wilson: Race,Crime, and Punishment in Post-Civil War Pennsylvania

In 1877, Frank Wilson, an African American man, was executed for murdering a white tramp in Harrisburg, Pennsylvania. This article examines the trial, punishment, and press reporting of the case in the evolving context of race and criminal justice in post-Civil War Pennsylvania. It presents three main findings. First, it documents evidence of racial discrimination and wildly disproportionate rates of African American arrest and imprisonment in Harrisburg and surrounding counties comparable to earlier research focused on the largest northern cities. Second, it shows that views on law enforcement were diverse within both white and black communities and shaped by the exigencies of local and national party politics. Third, it makes the case that African American experiences of law enforcement in northern states are better understood as part of a national criminal justice culture than in distinctively regional terms.     

The Handle Wagging the Cup. Formal Aspects of Alcohol Consumption in the Transfer of Ideology: Anatolia and the Aegean Towards the End of the Third Millennium BC

Fermented drinks have been socially and economically important since their advent, not only because they are functionally significant in preserving calories, but also as value‐added foodstuffs incorporated into symbolically important ceremonies and feasts to increase the social value of an individual or a group's status. Towards the end of the third millennium BC, just as wine was becoming an important commodity, the manifestation of this emphasis on the communal consumption of alcoholic beverages can be observed in the material culture of Anatolia and the Aegean with the so‐called ‘west Anatolian drinking set’ consisting of drinking cups with characteristically oversized handles and beak‐spouted pitchers. Against the backdrop of the socio‐economic reasons for the distribution of this particular drinking set over a wide geographical area, the focus of this article is on their impact upon the prevailing local pottery traditions and the local adaptation of these vessels into the traditional repertoire where the importance of the oversized handles is recognized.     

The Limited Effects of Federal Environmental Justice Policy on State Enforcement

The federal government adopted several measures during the mid-1990s to address concerns about race-based and class-based disparities in environmental protection. This article examines whether these measures affected the pattern of state enforcement of three federal pollution control laws. Using differences-in-differences models to estimate the effects of the federal policy adoption, I find evidence of increases in state enforcement of the Clean Air Act in large African-American communities, but declines in enforcement in communities with large poor and Hispanic populations. Similarly, there is evidence that state enforcement of the Clean Water Act decreased in poor and African-American communities, but there were no real changes in enforcement of facilities regulated under the Resource Conservation and Recovery Act. Collectively, the analysis suggests that the federal policy had minimal positive effects on state regulatory enforcement.     

Implementing Work Programs for Poor Men

How might work levels among low‐income men be raised, as they were for welfare mothers in the 1990s? This study expands the relevant literature on both social policy and implementation. Low‐skilled men owing child support and ex‐offenders returning from prison are already supposed to work but often fail to do so. The reasons include both the recent fall in unskilled wages and the confusion of men's lives. Existing work programs in child support and criminal justice appear promising, although evaluations are limited. A survey covering most states shows that half or more already have some men's work programs, usually on a small scale. Field research in six states suggests the political and administrative factors that shape wider implementation of these programs. Work programs should preferably be mandatory, stress work over training, and be combined with improved wage subsidies. The federal government should provide more funding and evaluations.     

Statistical Analysis of Area-wide Alcohol-related Driving Crashes: A Spatial Econometric Approach

The article analyzes area-wide alcohol-related driving crash rates, with an emphasis on neighborhood effects, edge effects, and spatial effects arising from shared roadways that traverse area boundaries. Using township data for the state of Indiana, spatial Durbin models of alcohol-related driving crash rates are presented. The results suggest that a township's population composition and its abundance of alcohol-related businesses impact the alcohol-related driving crash rates. Moreover, positive spatial dependence is found to be highly significant, cautioning against the reliance on possibly biased OLS estimators. Due to restrictions in access to the crash and alcohol-related businesses data of the neighboring states, an alternative approach is adopted to address the spatial edge effects that may arise from alcohol consumption of residents from the edge areas of the neighboring states (possibly leading to crashes inside the border townships). Given the variation in alcohol laws and regulations across states, an empirical assessment of the edge effects is particularly relevant where some border crossing may be deliberate so as to avoid more stringent alcohol restrictions.     

TAX COMPETITION IN THE PRESENCE OF INTERJURISDICTIONAL EXTERNALITIES: THE CASE OF CRIME PREVENTION*

ABSTRACT The paper analyzes the effect of fiscal competition when local governments choose the level of public goods that generate spillover effects elsewhere. For instance, law enforcement activities affect both the crime level in the jurisdiction providing the good and in neighboring communities. The model shows that when local governments rely on capital taxation to finance these expenditures the spillover effects may not lead to an inefficient provision of public goods as predicted by the tax competition literature. In the model, capital is costlessly mobile and offenders relocate responding to differential criminal opportunities and differential local law enforcement efforts.     

Workers’ Compensation and State Employment Growth*

Abstract. Workers’ compensation reforms have been on the table in virtually every state over the last several years, and many states have launched comprehensive reforms. At least nine states undertook major reforms of their workers’ compensation systems in 2004 alone, and the reforms were driven largely by claims that higher workers’ compensation costs are driving away businesses and the employment that comes with them. This paper examines the relationship between workers’ compensation costs, as proxied by benefits/earnings, and employment across U.S. states and the District of Columbia from 1976 to 2000. Workers’ compensation costs are found to have a statistically significant negative impact on employment and wages, but the elasticities are very small, suggesting that workers’ compensation is not a likely cause of jobs woes in most states. Unemployment insurance appears to have an effect of similar magnitude. Medical cost inflation is found to be a significant factor in explaining movements in workers’ compensation costs over time.