Activism, Restraint, and the Debate about Judicial Policymaking

Books reviewed in this articles:
Richard A. L. Gambitta, Marlynn L. May, and James C. Foster (eds.), Governing Through Courts
Stephen C. Halpern and Charles M. Lamb (eds.), Supreme Court Activism and Restraint
Gary L. McDowell, Equity and the Constitution; The Supreme Court, Equitable Relief, and Public Policy     

Law, Policymaking, and the Policy Process: Closing the Gaps

Public policy scholars and public Law scholars often study the same substantive issues and have similar theoretical interests Yet students of the public policy process rarely consider the courts as policymakers in the same manner as do their public law counterpart We seek to explain this difference in approaches between the two Subfield on the question of the courts as policymakers, and we ask. how models of the public policy process should incorporate the judiciary.     

Participation and Political Influence in Complex Governance Systems

Public policy generally emerges from interactions among actors embedded within complex governance systems, composed of multiple actors and forums (issue‐based arenas where stakeholders repeatedly interact to resolve collective action problems). Such systems allow actors multiple forums wherein they can influence policy decisions. But actors do not value the decisions made in each forum equally, and it remains unclear how actors allocate resources across forums. This article links actor strategy to their influence within the forums the actors identify as most important (their primary forum). There is theoretical ambiguity about how actors invest their limited resources across the forums that affect their interests to maximize primary forum influence. Do they concentrate all their effort within the primary forum or participate more broadly? To answer this question, we offer two competing theories. First, broad participation may allow actors to develop political capital necessary to influence other actors and thus influence primary forum policies. The second approach notes the opportunity costs of broad participation—actors have fewer resources to invest in their primary forum. An analysis of stakeholder participation in the Sacramento–San Joaquin River Delta and Tampa Bay Watershed governance systems demonstrates that broader participation is associated with greater primary forum influence.     

Policymaking and Management in Israeli Local Government

Israeli local government has reemerged despite a highly centralized political system, as local politics have become more autonomous, as a political party based on grass roots movements assumed national power, and as economic stagnation revealed shortcomings of national policies. Central-local relations are still cooperative as well as cooperative, continuing to provide safety nets in the event of local mistakes. Austerity and recurring financial crises have necessitated new management orientations and organizational adaptation among local governments. The mode of learning (and unlearning) is highly contingent: in some circumstances a quick process based on opportunism, in others having been fuelled by entrepreneurial forces. The development of strategic organizational capabilities still encounters great difficulties.     

Local Government Policymaking and Management in Russia

Local government in Russia is characterized by the collapse of traditional relationships between legislative and executive powers and between different levels of executive and legislative hierarchies. The re-definition of these relationships involves a struggle for power pursued against a backdrop of radical systemic change in the economic and social spheres. These changes are accompanied by a breakdown (and gradual realignment) of the system of distribution, which has accelerated the process of economic and social destabilization in the larger cities. The response of local administrations to the problems generated has been hampered by the fiscal crisis that affects both national and local levels of government. This article reviews the changing relationship between governmental levels and between legislative and executive powers in the context of these broader developments, and in the context of Russian and Soviet traditions of local government. Overall the article notes the perceived failure of the democratization of the legislature at local level to deal with the crisis, and the consequent shift of power towards a strengthened executive.     

The Presidency and National Security: Presidential Foreign Policymaking, 1945-1999

Busby, Robert. Reagan and the Iran-Contra Affair: The Politics of Presidential Recovery. New York: St. Martin's Press, 1999. Pp. xi, 222. $65.00, hardbound.

Garrison, Jean A. Games Advisors Play: Foreign Policy in the Nixon and Carter Administrations. College Station, TX: Texas A&M University Press, 1999. Pp. xi, 192. $34.95, hardbound.

Hogan, Michael J. A Cross of Iron: Harry S. Truman and the Origins of the National Security State, 1945-1954. Cambridge, England: Cambridge University Press, 1998. Pp. v, 525. $37.95, hardbound.

Hyland, William G. Clinton's World: Remaking American Foreign Policy. Westport, CT: Praeger, 1999. Pp. i, 221. $24.95, hardbound.     

George Bush and Executive Branch Domestic Policymaking Competence

This article critiques the George Bush domestic policymaking process and argues that Bush had the second-lowest level of policy competence among postwar presidents, ranking above only Ronald Reagan. Although not overtly antianalytic like Reagan, Bush gave little thought and effort to restoring the badly damaged executive branch domestic policymaking process. The article closes with suggestions about the steps needed for, and the difficulties in establishing, a strong White House policymaking process that generates fruitful interaction among key policy advocates over time and that establishes sufficient Executive Office of the President (EOP) capacity to monitor the implementation and management of presidential policies.     

Bottom-Up Identification of Subsystems in Complex Governance Systems

Theories of policymaking often focus on subsystems within a larger, overarching governance system. However, subsystem identification is complicated by the complexity of governance systems, characterized by multiple, interrelated issues, multi-level interactions, and a diverse set of organizations. This study suggests an empirical, bottom-up methodology to identify subsystems. Subsystems are identified based on bundles of similar observed organizational activity. The study further suggests a set of three elementary criteria to classify individual subsystems. In order to prove the value of the methodology, subsystems are identified through cluster analysis, and subsequently classified in a study of Swiss water governance. Results suggest that Swiss water governance can be understood as a network of overlapping subsystems connected by boundary penetrating organizations, with high-conflict and quiet politics subgroups. The study shows that a principled analysis of subsystems as the interconnected, constituent parts of complex governance systems offers insights into important contextual factors shaping outcomes. Such insights are prerequisite knowledge in order to understand and navigate complex systems for researchers and practitioners alike.     

The Localism Principle in Communications Policymaking and Policy Analysis: Ambiguity, Inconsistency, and Empirical Neglect

Localism long has been a central guiding principle in communications policymaking, yet its specific meaning and objectives have not been well articulated by policymakers. This article attempts to bring greater clarity to the localism principle, through an examination of how the Federal Communications Commission has defined local programming. Policymakers have failed to establish a clear and stable definition of what constitutes local programming, which has contributed to the sense of ambiguity, uncertainty, and inconsistency that long has characterized localism policymaking. If localism policies are to reflect the rationales upon which they are based, the definition of local programming must be expanded to account not only for a program's point of origin, but for the nature of a program's content as well.     

Explaining Gun Deaths: Gun Control,Mental Illness,and Policymaking in the American States

Seeking to test two commonly proposed solutions to gun deaths in the United States, we examine the extent to which (1) tougher gun control laws, (2) greater access to mental health services, and (3) a combination of both approaches affect the rate of gun deaths in American states. We find that tougher gun control laws, as well as a combination of both approaches, are associated with a lower overall rate of gun deaths, and with a lower rate of nonsuicide gun deaths, while only tougher gun control laws are significantly associated with a reduction in the rate of gun-related suicides. Our findings serve as an initial guide to policymakers seeking to reduce the rate of gun deaths in their states.     

Scientific Uncertainty and Learning in European Union Environmental Policymaking

Scientific uncertainty characterizes policy/making in many environmental issue areas. Policymakers must rely on scientists to bring environmental problems to their attention, design and prescribe policy solutions, and to define and evaluate policy effectiveness. An important theoretical question is: What role does organizational learning play in amelioration of scientific uncertainty and shaping environmental policy. This study examines the political processes and policy outcomes associated with European Union policymaking to revise water quality directives and deal with climate change to ascertain and describe the role played by organizational learning. The evidence suggests that organizational learning is occurring as an integral part of the political dynamics of policymaking in these two issue areas.     

是谁在主宰社会的治乱兴衰--中国古代政治家、思想家的若干认识

是什么力量在主宰社会的治乱兴衰,这是古代政治家、思想家长期探讨的一个重要问题。有两种主要观点,一种归结为神、天、天命,一种归结为人事。     

Reforming Local Government Policymaking and Management Through Organizational Learning and Experimentation

This article presents two ongoing programs of local government reform in Norway, the Free Commune Program and the Pilot Commune Program. These programs are fairly typical of thinking on local government development in the Nordic countries at the moment. On the one hand, the welfare states are seen as being in danger of becoming overloaded. On the other hand, local government is seen as being in need of developing a capacity to respond better to local communities; consequently, national regulations have to become less standardized in order to allow for greater local adaptability and more variation. The emergent municipal organizational models reflect a more community-oriented approach to local government and a deemphasis on local governments as distributive channels for central ministries. A New Nordic Welfare Model is emerging with more emphasis on local initiatives.     

Multiplex Network Analysis for Complex Governance Systems Using Surveys and Online Behavior

Text analysis, web scraping, and other computational techniques enable policy network researchers to efficiently obtain objective measures of network connections. However, the extent to which these observational methods differ from traditional survey instrument‐based measures remains an open question. Focusing on a large regional policy network of 221 organizations, this study compares a measure of collaboration generated via survey instrument to two different measures based upon internet hyperlinks and Twitter interactions between network actors. We address two questions: (1) To what extent do objective network measures based upon observed online interactions and subjective measures based upon self‐reported relationships reveal the same inter‐organizational partnerships and structural network dynamics? and (2) How useful are online network measures for supplementing survey‐based network measures? We find a significant, but substantively small, correlation between survey‐based measures and online interactions. Thus, online network measures may complement survey‐based measures, but likely reflect different aspects of the overall policy network. We conclude by discussing the potential for multiplex measures of policy networks that draw upon multiple measures to more fully understand policy network landscapes. These results bridge and help to contextualize prior work on policy network measures and virtual policy networks within the broader context of complex governance systems.     

Regional Influences and Environmental Policymaking: a study of Acid Rain

This study uses a four-region classification of states to investigate the impact of regionalism on the acid rain policy debate. Using multiple regression analyses and controlling for such factors as total pollution emissions, coal production, and precipitation pH, it was found that a state's activity level with respect to involvement in the acid rain policy debate was significantly influenced by both its commitment to environmental protection and its regional differentiation.