Shifting Winds: Explaining Variation in State Policies to Promote Small‐Scale Wind Energy

States have increasingly taken leading roles in U.S. environmental policymaking over the past two decades. As laboratories of democracy, states have developed different levels and mixes of policies to address climate change, nonpoint source pollution, alternative energy, and other challenging environmental issues. Policy scholars have sought to explain variation in state environmental policy through two primary theoretical lenses: internal determinants and regional diffusion. While our understanding of state environmental policy adoption has grown to identify which variables are most important, less is known about how these variables interact in particular states to influence policy adoption. This study examines the interactions of variables from both theories to explain how state policies for small‐scale wind energy promotion were adopted in three U.S. states. Our results highlight the nuanced role of citizen ideology, which may be important in contexts at either end of the ideological spectrum but less important in the middle—where economic development is more critical. Results also indicate that interstate competition may be over environmental as well as economic leadership. Interestingly, strength of the wind resource is not necessarily correlated with policy adoption for small‐scale wind energy promotion.     

Is State Gambling Policy “Morality Policy”? Framing Debates Over State Lotteries

The politics of so‐called “morality policies” including same‐sex marriage, abortion, gun control, and gambling have captured the attention of both the public and political scientists in recent years. Many studies have argued that morality policy constitutes a category of public policy that has distinctive characteristics (such as technical simplicity and less amenability to compromise) compared with non‐morality policy. However, in a recent contribution Mucciaroni argues that morality “policy” should instead be viewed primarily as a strategy for framing issues. Drawing on examples from the debate over gay rights, Mucciaroni finds that opponents focus on rational‐instrumental or procedural frames more so than engaging in “morality talk.” In this study, I seek to extend Mucciaroni's analysis to the issue of lottery gambling in the United States. Drawing on data from legislative records in four states, I find that lottery critics mostly avoid private behavior‐based morality arguments. Instead, they criticize government's role in sanctioning lotteries and denounce the negative consequences of gambling. Supporters, meanwhile, emphasize the potential benefits of lottery creation and the importance of allowing the state public a voice on the issue. The results indicate that rational‐instrumental arguments coexist alongside morality talk in state lottery debates, and that private behavior morality frames are on the decline while governmental morality frames are on the rise.     

Voluntary Approaches to Environmental Problems: Exploring the Rise of Nontraditional Public Policy

Government reliance on voluntary programs represents a significant shift in public policy: moving from command and control regulations to market based mechanisms. This article explores the determinants of Voluntary Remediation Programs (VRPs) in the American States. During the 1980s and 1990s, 44 states adopted VRPs to facilitate remediation of existing hazardous waste sites. Relying on diffusion of innovation theory, I develop a model of state policy adoption that explores the influence of internal state political and economic factors, as well as testing the influence of regional and top‐down diffusion forces. I utilize a discrete‐time event history approach to test this model. The results indicate that state policymaking is responsive to interest group pressure and the pace of cleanup at hazardous waste sites. Additionally, state policymaking is consistently influenced by the actions of surrounding state governments; the probability of adopting a voluntary program increases if surrounding states have already developed these policies.     

Judicial Intervention and Local Spending

This study develops a methodology for examining the impact of court orders on local budgets and applies it to one of the most important areas of judicial involvement-local jails. During the 1980s an increasing number of local jails came under court order due to overcrowded facilities. In many counties this has been matched by equally rapid growth in jail capacity and expenditures. Based on simple comparisons of these trends and case studies of individual counties, previous research on court intervention has concluded that the courts have forced reluctant local governments to increase expenditures on corrections. However, past research on judicial intervention may be misleading because of inadequate controls for other factors that may affect both jail capacity and spending. We examine the determinants of jail spending for a national sample of jails in the mid-1980s. Our results indicate that court orders influence capacity expansion (their impact on current expenditures is less clear); however, other jail and demand factors may have a stronger effect. Contrary to conventional wisdom, our findings suggest that many jurisdictions, given adequate fiscal resources, budget for jail expansion when they need its not when forced by the courts to act.     

Defiant Innovation: The Adoption of Medical Marijuana Laws in the American States

Diffusion research often characterizes the role of the federal government in innovation adoption as a supportive one, either increasing the likelihood of adoption or its speed. We examine the adoption of medical marijuana laws (MMLs) from 1996 to 2014 to shed light on what motivates states to adopt innovations that are in explicit defiance of federal law. Furthermore, we examine whether federal signals have any influence on the likelihood of adoption. In doing so, we utilize implementation theory to expand our understanding of how the federal government's position impacts state policy innovation adoption. We find mixed evidence for the influence of federal signals on the adoption of MMLs. The results suggest that medical marijuana policies are much more likely to be adopted in states when proponents have the political or institutional capital, rather than a medical or fiscal need. Moreover, this political capital is sufficient independent of the federal government's real or perceived position.     

‘Your work is of no use to us…’: Administrative interests in ethnographic research (West New Guinea, 1950–1962)

Abstract

The extent of customary land in Samoa and the laws pertaining to its protection create a presumption of state dependence on the regulation of custom in effecting state policies within local contexts. The principal means of regulating custom in Samoa has been and continues to be through state court adjudication of conflicts over customary land and chiefly titles. The transitive nature of ‘custom’ and conceptions of ‘custom’ in Samoa created an opening for court influence in the construction of custom, if not custom's partial reinvention through the agency of the courts. This occurred principally through the courts’ privileging principles of English common law in confirming asserted land rights generally considered unenforceable at the time of Samoa's political partition. The courts re‐interpreted as customary, conceptions of land rights the colonial state's influence attempted to effect within Samoan society. But the source of the changes, and the courts’ role in promoting them, tended not to be equally reflected upon. To the extent such influence is ignored in analyses of Samoan land tenure and customary law, and reproduced within state policies and court adjudication of conflict, custom's social construction is left unexamined, assumed to be more general than it is, and likely to exacerbate tensions and conflict within Samoan society rather than reduce them.     

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.     

Moves and Countermoves: Countermovement Diffusion of State Constitutional Amendments

Policy diffusion literature generally studies the adoption of similar policies across jurisdictions, but often overlooks how opposing policies or legal constraints may influence the enactment of rigid state constitutional amendments. The current study models the spread of state constitutional amendments designed to prevent future policy change. Using conditional event history analysis on all states from 1999 to 2011 the empirical models analyze the spread of same‐sex marriage prohibitive amendments across the United States. Findings suggest that the nearby adoption of opposing policies encourage state legislatures to introduce prohibitive amendments. The regional diffusion effect suggests that policymakers “protect” their jurisdiction from nearby diffusion forces or seek electoral gains by symbolic protection by committing an already existing policy into the rigid state constitutional framework. Regional policy diffusion may, therefore, be explained by a countermovement mechanism unique to the state constitutional amendment process. This protective strategy among state legislatures and citizens may explain why many policy areas are frequently codified in state constitutions.     

Sustained Organizational Influence: American Legislative Exchange Council and the Diffusion of Anti‐Sanctuary Policy

Building upon existing literature, we offer a particular model of network policy diffusion—which we call sustained organizational influence. Sustained organizational influence necessitates an institutional focus across a broad range of issues and across a long period of time. Sustaining organizations are well‐financed, and exert their influence on legislators through benefits, shared ideological interests, and time‐saving opportunities. Sustaining organizations' centralized nature makes legislators' jobs easier by providing legislators with ready‐made model legislation. We argue that sustaining organizations uniquely contribute to policy diffusion in the U.S. states. We evaluate this model with a case study of state‐level immigration sanctuary policy making and the role that the American Legislative Exchange Council (ALEC) played in disseminating model legislation. Through quantitative text analysis and several negative binomial state‐level regression models, we demonstrate that ALEC has exerted an overwhelming influence on the introduction of anti‐sanctuary legislative proposals in the U.S. states over the past 7 years consistent with our particular model of network policy diffusion. Implications are discussed.     

The clash of great powers and revolution in the Baltic Sea?

The Soviet party leadership claimed repeatedly after the mid-1920s that the Soviet Union was under an acute threat of intervention. The interpretation was based on different views regarding the development of socialism in the USSR. The role of Finland in the Soviet policy towards other border-states offers a case for observing the relation of ideology and practice in Soviet foreign policy, especially in the Baltic Sea context in 1925. The main interests for the Soviets were plans for military alliances and spheres of influence and intelligence. Contrary to the ideological worldview, the Peoples’ Commissariat for Foreign Affairs (NKID) did not see the western great powers, Great Britain and France, as being behind the Baltic alliance plan. Instead, the alliance attempt was primarily seen as an independent Polish initiative, especially lacking British support. The Soviet foreign administration was able to evaluate the grounds for eventual Finnish non-alliance accurately, despite Baltic sympathies and the lack of an active Scandinavian orientation. The results suggest the NKID observed international relations from the traditional viewpoint of Soviet state interests, and on the basis of quite accurate information, not reflecting the needs of ideological interpretation or domestic power struggles.     

Does Money Buy Congressional Love? Individual Donors and Legislative Voting

Despite the popular belief that campaign contributions affect policymaking, study after study has suggested that legislative voting is unaffected. We reexamine this question by focusing on the increased dominance of individual contributors. Using data on roll calls associated with the Congressional Cooperative Election Study, we test for senators’ responsiveness to their parties’ national donor class. Several findings emerge. First, responsiveness to national donor opinion is significant, even controlling for the effects of in-state constituents, affluent citizens, activists, senator ideology, and a senator’s personal donors. Moreover, the results hold in specifications that account for the endogeneity of national donor opinion to legislative votes. Second, and consistent with scholarship that argues fundraising is increasingly important for party leadership positions, the relationship depends on the ideological favorability of a state to a senator’s reelection. Also consistent with this perspective, responsiveness to donors is unrelated to a senator’s wealth, time to reelection, or seniority.     

Regulatory Stringency and Policy Drivers: A Reassessment of Renewable Portfolio Standards

Renewable energy policy has far‐reaching implications for national and international economic, environmental, and political sustainability, but thus far within the United States it has been almost entirely the province of state governments. This article examines the factors motivating state‐level policymakers to adopt different forms of a renewable portfolio standard (RPS), highlighting the distinction between degrees of policy stringency, ranging from entirely voluntary participation to rigorous and strictly enforced targets. In the process we introduce a new metric for assessing stringency, more precise and reliable than the various proxies used previously, and analyze its relationship to drivers of policy adoption. We find that policies of different stringencies are motivated by systematically different underlying factors. State‐level citizen political ideology is a significant predictor of RPS policy adoption, particularly for “voluntary” and “weak” policy designs. “Strong” policy designs, on the other hand, are best predicted by ideology at the government level, i.e., the degree of institutional liberalism. These findings may inform current implementation and program evaluation efforts, and potentially point the way toward more effective policy choices if and when an RPS moves forward on the national policy agenda, while the stringency metric central to this analysis can be of use to other policy scholars concerned with topics both within and beyond the realm of energy policy.     

The Determinants of Policy Introduction and Bill Adoption: Examining Minimum Wage Increases in the American States, 1997–2006

Faced with long intervals between federal minimum wage increases in recent years, state legislatures are increasingly likely to take action. Motivated by the relative dearth of empirical work on minimum wages in the American states, this article considered various explanations to determine which factors are associated with legislative efforts to pass wage increases. Taking seriously the view that disagreements over the effects of minimum wage increases enhances the influence of political factors, we drew on the policy adoption and diffusion literature to examine how internal determinants (political and economic variables) and regional diffusion pressures relate to both the introduction and adoption of minimum wage legislation in the American states in the years between the last two federal minimum wage increases (1997–2006). Employing negative binomial regression to analyze annual bill introductions, we found that a number of political variables are related to the consideration of minimum wage increases. However, using event history analysis to examine annual adoptions of minimum wage increases, we found few of the same variables matter. We concluded with a discussion of the empirical results within the context of the broader policy literature and cautioned future scholars to consider seriously whether political factors exert distinct influences at different stages of the policy process.     

Shifting Constellations of Actors and Their Influence on Policy Diffusion: A Study of the Diffusion of Drug Courts

The existing studies of policy diffusion have paid insufficient attention to how policy actors in the macroenvironment of local jurisdictions influence the process of policy diffusion, what kind of mechanisms drive the interdependent spread of a policy, and how the diffusion process changes over time. We explore, both theoretically and empirically, the role different go‐betweens can play in policy diffusion, what kind of interactions take place between the micro level and macro level, and how shifts in the constellations of actors in the macroenvironment of a local jurisdiction can influence the mechanisms and rate of policy diffusion. Our empirical study of the diffusion of drug courts in four U.S. states demonstrates that there can indeed be significant interactions between the micro level and the macro level and that these interactions are likely to shape the diffusion process.     

CAPITALISM IN TIMES OF CRISIS

This article investigates how Danish industrialists responded to the rise of the modern state in the decades up until the Second World War, a period in which many of the basic principles of liberal capitalism were called into question, and in which the relationship between the state and the economy underwent major changes in all Western societies. It argues that the industrialists remained firm believers in classical liberalism and, on that ground, opposed growing state intervention as a slide towards socialism. The article has an emphasis on their reactions to calls for social policy initiatives, and it shows that the industrialists typically opposed such initiatives, either on pure ideological grounds or as conflicting with the economic competitiveness of Danish firms. When accommodation to selected demands for a stronger state did take place, it was typically in periods of crisis, the most important being the years just after the First World War. The interwar years did, however, see some approbation to increasing state intervention in the economy, and in the 1930s the idea of cooperation with the state entered their rhetoric. Thus, the article argues that the rhetoric and narratives gradually changed, while the ideological core did not.     

Theorizing the Submerged State: The Politics of Private Schools in the United States

In this paper, I apply Mettler's concept of the “submerged state” to aid for children at private schools in the United States, including education vouchers, in‐kind aid, and property tax exemptions. All aid policies are “submerged” in that they help private organizations take on state functions but some are more submerged than others. Theoretically, this paper distinguishes between subcategories of submergence. Using policy data from 50 states and an original database of court challenges between 1912 and 2015, I employ probit regression with sample selection to evaluate the effect of submergence on successful court challenge. I find that more submerged policies are less likely to be successfully challenged than less submerged policies. Submerged policy design enables supporters to avoid legal as well as political challenge.     

The politics of the Shanghai courts: the state,local elites,and social networks in Nationalist China, 1927–1937

This article explores the ways in which the Nationalist Party established dominance over the Shanghai courts in the foreign concession area to use them as weapons against political dissidents, and it analyzes the intricate relations among the Nationalist Party, local elites, and the Shanghai courts during the Nanjing decade (1927–1937). Building on recent studies that pay attention to the limited success of the Nationalist Party’s policy of putting the judiciary under Party control, this study demonstrates that the process of establishing the Nationalist Party’s dominance over the Shanghai courts was highly contested. The interplay between the Nationalist Party’s effort to gain control over the Shanghai courts by building formal and informal institutions and the local elites’ appropriation of their own social networks rendered the Shanghai courts vulnerable not only to the Party’s intervention, but also to the influence of social forces. I argue that due to the weak authority of the Shanghai courts, the Nationalist Party’s use of law against political foes could be a double-edged sword.     

Elites and masses: the prevalence of economics and culture in nineteenth-century American party platforms

Scholarship on political party development in nineteenth-century America has focused on the relationship between elites and voters on the influence of policy proposals. The question is how elite perception of voter demands influenced parties’ ideological development. This study addresses this question by assessing the dynamic between cultural and socioeconomic concerns in party ideological formation and policy articulation. A content analysis of national and state party platforms from 1840 through 1896 sheds light on this dynamic. Ultimately, party leaders set the political agenda by referencing economic concerns to a greater degree than cultural concerns in their platforms.     

Giving Girls a Shot: An Examination of Mandatory Vaccination Legislation

On June 8, 2006, the Food and Drug Administration approved Merck & Co.'s vaccine Gardasil, which protects women from the human papillomavirus (HPV). Twenty‐four states began entertaining initiatives that would make the vaccine mandatory for all fifth‐ and sixth‐grade girls in public schools. However, as the vaccine gained traction in the media, the dominant issue frame put forth by Merck & Co. was undermined by several competing morality concerns raised by citizens in newspaper opinion pieces. Using an analysis of selected media coverage and a logit analysis modeling the influence of competing morality, economic, and public‐health determinants on states' decision making, we investigate the ascent of issue salience surrounding the HPV vaccine, and the policy consideration process. The results from the analysis indicate that citizen‐initiated opposition increased the salience of the topic and changed the issue framing in which the mandatory vaccine legislation was being considered. State policy consideration was influenced by a mix of morality and public‐health determinants. Moreover, Merck's attempts to influence state policy failed to increase the likelihood of policy consideration.     

China's Economic Policy Today: The New State Activism

A noted American authority and investigator of China's economy outlines the general features of the ongoing reorientation of Chinese economic policymaking toward increased state activism, which has gained momentum in the aftermath of the global financial crisis. An initial section of the paper describes the marketization and privatization initiatives of China's late reform period to provide a baseline against which to measure the subsequent shift toward increased state intervention and guidance in the economy. The author traces the shift in three critical policy arenas (social policy, state-owned enterprises, and industrial and technology policy) and demonstrates how state involvement in each intensified during the global financial crisis. He then proceeds to explore the implications of accelerated state activism in the future, identifying potential rewards as well as large risks. Among the latter are macroeconomic imbalances, a "softening" of budget constraints, difficulties in recognizing and terminating unsuccessful economic programs, and tensions with trading partners.