U.S. Environmental Policy Implementation on Tribal Lands: Trust,Neglect, and Justice

This study investigates the implementation of U.S. environmental protection laws under American Indian tribal governance. The landmark laws of the 1970s that form the core of America's environmental policy regime made no mention of American Indian tribal lands, and the subsequent research literature on environmental policy has given them little attention. The U.S. Environmental Protection Agency has primary implementation responsibility for environmental protection laws on tribal lands, which offers a unique opportunity to study direct federal implementation apart from typical joint state–federal implementation. Further, because Indian reservations are homes to a disproportionately poor, historically subjugated racial group, analysis of environmental programs on tribal lands offers a unique perspective on environmental justice. We analyze enforcement of and compliance with the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) to compare the implementation of environmental policy on tribal lands with nontribal facilities. Analysis reveals that, compared with nontribal facilities, tribal facilities experience less rigorous CWA and SDWA enforcement and are more likely to violate these laws.     

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.     

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.     

Washington's Response to the AIDS Epidemic: The Ryan White CARE Act

Passage of the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act of 1990 followed a form familiar to students of policymaking in the American intergovernmental system: the provision of significant federal financing for policy initiatives located primarily at the state and local levels. The successes and failures of the Act, including its 1996 reauthorization, suggest both the strengths and the limitations of that design. This paper examines the structure of the Act as a vehicle for the federal government to fund AIDS service delivery at the state and local levels and the intergovernmental consequences of allocation policies associated with the Act. It concludes that perennial problems of equity and access cannot be resolved by the delegation of responsibility for significant policy or funding decisions to localities; rather, questions about the role of the federal government in overcoming intralocal and interlocal disparities remain to be addressed.     

Multilevel Instruments for Infrastructure Investment: Evaluating State Revolving Funds for Water

In recent decades, the federal government has introduced complex, multilevel state‐operated revolving loan fund programs as an instrument for promoting state and local investment in national infrastructure priorities while limiting direct federal involvement in implementation. A federally funded state revolving fund (SRF) program combines features of a categorical matching grant to states and a subsidized loan program to localities, both of which should lower the effective price of infrastructure investment and therefore promote higher levels of infrastructure investment. However, little evidence exists to date on whether these programs stimulate new subnational spending or instead displace spending that would have occurred otherwise. We evaluate the stimulus effects of SRFs by examining the two largest such programs, the Clean Water and the Drinking Water SRF Programs. Analyzing 17 years of state‐level panel data, we find evidence that the flow of federal funds to states under the SRF programs stimulates new local investment in wastewater infrastructure, but not in drinking water infrastructure. In discussing several possible explanations for these divergent results, we argue for further research that emphasizes the intergovernmental features of this financing tool.     

Regulatory Enforcement,Riskscapes, and Environmental Justice

Does environmental regulation vary over poor and minority communities? An uneven governmental response may follow from regulators' varying incentives to negotiate enforcement challenges. We argue that regulators confront two in particular. Regulators can pursue political enforcement, responding to mobilized interests, regardless of environmental risk, or they can pursue instrumental enforcement, responding to at‐risk communities, regardless of political mobilization. To examine these competing strategies, we use an original dataset from the EPA's Risk‐Screening Environmental Indicators model to develop a geographic “riskscape” combined with census tract community data and facility‐level enforcement data. We find that state regulatory agencies pursue a mixture of political and instrumental enforcement, but that these tactics are applied unevenly across traditional environmental justice communities. Specifically, state agencies devote more attention to facilities in communities with relatively higher risk, but less attention in the area of punishment for violations for facilities located in Hispanic communities. Importantly, this lack of attention to Hispanic communities is not mediated by the relative level of risks that they face, but it is to a significant extent in communities in which environmental justice advocacy organizations operate.     

Performance Goal Achievement in Fiscal Federalism: The Influence of State Partisan Environments and Regulatory Regimes

With tight budgets and hyper‐partisan interactions within and between the states and federal government, attention is being paid to the implementation of federal programs. This is particularly important because, as the recently implemented American Recovery and Reinvestment Act suggests, state administrators are often the implementers of federal policy. This study integrates the fiscal federalism literature with that on implementation and bureaucratic response to examine the effect that within‐state factors have on the degree of performance goal achievement in federally funded, state implemented programs. The findings suggest that, when implementing federal programs, state administrators face conflicting political incentive structures and policy‐specific capacity and capability deficits that influence their motivation and ability to achieve performance goals.     

Election Administration Reform and State Choice: Voter Identification Requirements and HAVA

This research examines factors that have influenced state choices about methods of voter identification practices in the current environment of election administration reform. State voter identification practices have been an active area of state policy action since 2000. Rival explanations for state adoption of voter identification requirements are analyzed for three national election cycles following the 2000 presidential election. State voter identification practices are classified according to levels of relative stringency and in terms of variation from federal requirements for voter identification under the Help America Vote Act of 2002. State decisions to adopt more stringent forms of voter identification are significantly influenced by intrastate factors including Republican Party control of state government, traditionalist state political culture, and greater levels of racial/ethnic diversity. Federal review of election practices under the Voting Rights Act is positively associated with more moderate approaches to voter identification but is not significant over this time period.     

Do Perceptions Match Reality? Comparing Latinos’ Perceived Views of State Immigration Policy Environments with Enacted Policies

This paper explores assumptions made and measurement approaches in the nuanced pathway between enacted state immigration policies and the outcomes they affect in Latino immigrant communities. Scholars across a variety of fields have found that contemporary state immigrant policymaking is associated with outcomes in immigrant communities including political engagement, mental and physical health, access to education, and labor opportunities. In this paper, we explore questions of how state immigration policies produce these and other outcomes. Much of this literature relies on the assumption that members of the immigrant communities are aware of the state policies being enacted, yet few quantitative studies of the effects of state immigration policy contain measures of both policy and of perception. We seek to determine the extent to which Latino immigrants are aware of state immigrant policymaking to help determine whether state immigration policies are a valid approach to measure perceptions of the immigration policy environment in Latino immigrant communities. Additionally, we explore alternative measures of immigration policy. Our findings are particularly relevant to policymakers and immigration scholars as the contemporary political environment has helped to fuel anti‐immigrant sentiments and rhetoric contributing to Latinos’ perceptions of the state immigrant policy environment.     

Federal Aid and Rural County Highway Spending: A Review of the 1980

The Reagan/Bush Administrations cut back federal support for state and local governments during the 1980s, causing total real resources available to finance local roads and bridges to increase very slowly between 1977 and 1989. The effect of federal aid on spending for infrastructure has been subject to debate for many years. Some studies have indicated that federal aid is stimulative, while others report that federal aid substitutes for local resources. This article examines the effect of state and federal aid on county highway spending. The analysis demonstrates that, in 1987, federal aid was stimulative but state aid was not. In light of changes brought about by the Surface Transportation Efficiency Act of 1991 (ISTEA), we can expect federal aid to have a stronger relationship with local highway spending.     

Competitive Pressures and the Emergence of Mothers' Aid Programs in the United States

Do states compete in providing (or not providing) welfare services? Do competitive pressures shape state welfare program adoption? Even though interstate competition is viewed by some to be a ubiquitous feature of the American federal system and welfare state, there is mixed evidence as to whether such pressures have influenced cash assistance policy in the United States. Although evidence exists of competitive pressures in contemporary welfare program decisions, such pressures have not been found in examinations of early state welfare programs. To reconcile this seeming contradiction, I examine the impact of neighboring state behavior on the emergence of state Mothers’ Aid cash assistance programs during the early part of the twentieth century. Linking theory of intergovernmental competition to program diffusion, I argue that competitive pressures may play a greater role as programs evolve past the circumstances of initial adoption to decisions about program maintenance. Contrary to previous research, I find that state decisions regarding Mothers’ Aid were responsive to similar decisions in neighboring states. Further, there is evidence that women's political organizations were important to Mothers’ Aid adoption but not to how states subsequently structured those programs.     

'Caught Between a Rock and a Hard Place': Anti-discrimination Legislation in the Liberal State and the Fate of the Australian Disability Discrimination Act

This article offers a critical analysis of some of the practical implications for disabled people of the Disability Discrimination Act of 1992. Specifically, it raises questions about politics and the role of the law as an instrument of social changetaking greater account of the interests of disabled peopleon the one hand, and of the reliance of the social model of disability on a strategy based upon legal rights on the other. The article also suggests that the constraining effects of Australia's constitutional protections of rights and its federal system of government hinder the mildly progressive elements of the Disability Discrimination Act. To illustrate this, the paper employs empirical evidence to suggest that these effects have been exacerbated by the passage of the Human Rights Legislation Amendment Act in 1999.     

Special Interest Capture of Regulatory Agencies: A Ten‐Year Analysis of Voting Behavior on Regional Fishery Management Councils

This article tests capture theory by analyzing voting behavior on U.S. Regional Fishery Management Councils. Some seats on the councils are reserved for state and federal agency representatives; others, for political appointees. The political appointees primarily represent special interests (specifically, commercial and recreational fishing interests); a smaller number of appointees represent public interests. We use logistic regression to model the vote of state and federal agency representatives on the councils as a function of the votes of commercial interests, recreational interests, and public interests. We find evidence that some state agencies are captured by special interests from their states, but not systematic evidence across all states. We find that state agency representatives voted with commercial interests from their own state in five of the sixteen states in our sample; with recreational interests in three states; and with both special interests in two states. These ten states support the capture hypothesis; the other six states do not. We find no evidence that federal agencies were captured on the councils. We conclude that the gubernatorial‐driven appointment process leads to capture at the state level by promoting voting blocs among state agency representatives and special interests from those states. Federal agency representatives, by contrast, are better able to maintain their distance from state‐level politics on the councils, and thereby enhance their ability to vote independently on fishery management measures.     

Origins of State Housing Policy in Canada: the Case of the Central Mortgage Bank

In the literature, Canadian federal housing policy is most often considered to be a post-Second World War phenomenon and to have been effectively initiated, at least in an institutional sense, with the establishment of Central Mortgage and Housing Corporation (chmc) in 1945 (Bettison, 1975; Hatch. 1975; Rose, 1980). It is generally accepted that the state was led to intervene in the private housing market as a result of an unprecedented demand from returning servicemen. This demand was heightened by increasing levels of disposable income and exacerbated by reduced levels of housing production during the war. In this scenario. the state is seen to have been responding to a specific market crisis; the response resulted in the creation of various agencies, most notably cmhc, and in National Housing Act amendments, virtually all of which took place in the post-war era. The ‘market-crisis’ perspective to the study of federal housing policy tends to overlook the initiation of state monetary and credit system management during the 1930s and its implications for the form of state intervention in housing during the 1940s and beyond. I wish to make a case here for pushing back the study boundaries to at least the early 1930s in conjunction with a brief examination of the Central Mortgage Bank (cmb). The argument is that the essential ‘actors’ in the determination of housing policy at the federal level (i.e. the Department of Finance, the institutional lenders [particularly the insurance companies], and the provinces) came to be delineated in the 1930s around the issue of debt management in the wake of widespread mortgage default, especially in the rural districts of the prairie provinces. The cmb, although never becoming active, is seen here as the first substantial collaboration between the state and finance capital in the area of residential mortgage lending practices. It represents an additional facet of state monetary and credit system management that proceeded apace with the formation of the Bank of Canada in 1935.     

No Race in Any Direction: State Welfare and Income Regimes

This paper has two objectives. First, we examine state adoption and implementation of income support policies under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. We develop a composite measure of income support that includes welfare programs that scholars traditionally investigate and adds optional policies that encourage independence through work. Second, we engage a substantive focus on the administrative ability and willingness of states to adopt and implement sophisticated income support policies. We investigate the extent to which state government professionalism, ideology, economic resources, and racially based policies have shaped state policy. We find that the percentage of the state population is liberal; state racial demographics and governmental professionalism are critical determinants of state welfare and income support regimes. Significantly, we find no evidence that states are converging toward high‐quality, effectively financed welfare policies or income regime policies to help the poor move into and economically survive in the job market.     

Punctuated Equilibrium Theory and the Diffusion of Innovations

This article builds on punctuated equilibrium theory to evaluate the diffusion of public policy innovations in the United States. The article argues that punctuated equilibrium theory provides a unifying framework for understating three mechanisms leading to the diffusion of innovations: gradual policy diffusion driven by incremental policy emulation, rapid state‐to‐state diffusion driven by policy imitation and mimicking, and nearly immediate policy diffusion driven by state‐level responses to a common exogenous shock. Drawing upon the Bass mixed influence diffusion model, this research generates measures of the coefficients of external and internal influences for diffusion for 81 public policy innovations that have spread across the United States. The article then evaluates how the policy image and direct participation of the federal government contribute to distinct patterns of diffusion over time.     

Matching Rates and Mandates: Federalism and Children's Medicaid Enrollment

An important focus of the federalism literature has been on analyzing the responses of lower levels of government to the financial incentives of intergovernmental grant programs. But grant conditions and mandates are also important features of grant programs, and these have received considerably less attention in the literature. This article examines the implementation of federal Medicaid mandates during the 1980s and 1990s to explicitly compare the relative responses of the states to matching rate incentives and statutory mandates. Using individual-level information on program enrollment to measure policy implementation, the results indicate that the federal mandates led to large changes in children's Medicaid enrollment. In contrast, the effects of the federal matching rate were much more limited. Moreover, the statutory mandates not only raised the average level of enrollment but also reduced the degree of policy variation across the states. While the current pattern of federal Medicaid matching payments reduces policy variation to some extent, these effects are modest compared to the impacts of the mandates. Mandates are a more powerful instrument for national policymakers than the comparatively weak fiscal incentives provided by matching rates.     

MANDATING AS A POLICY ISSUE – THE DEFINITIONAL PROBLEM*

Mandating of state policies by agencies of the federal government and of local government policies by both state and federal agencies has emerged in recent years as an important policy issue. This conceptualization of mandating behavior offers a typology based upon (1) substantive aspects of the mandate; (2) the method by which a mandate is imposed; and (3) the mode of application. Problems associated with different types of mandates suggest multidimensional effects of intergovernmental relations on state and local policy formulation and Implementation.     

Symbolic Racism,Institutional Bias,and Welfare Drug Testing Legislation: Racial Biases Matter

Since the devolution of welfare policymaking to the states after the passage of the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, there has been contentious debate about drug testing welfare applicants. Beyond elite rhetoric and debate points about the implications of welfare drug testing, extant research remains limited insofar as providing theoretical understanding about what factors influence state proposal of legislation requiring welfare applicants to submit to drug tests. I develop and test expectations that derive from research on welfare attitudes, social construction theory, and policy design—specifically, hypotheses that the proportion of blacks on state temporary assistance for needy families caseloads, as well as state‐aggregate levels of symbolic racism, significantly influence state proposal of drug testing legislation. My multilevel analysis of every state proposal of welfare drug testing legislation from 2008 to 2014 yields strong evidence in support of these hypotheses and paints a more complete picture of the influence of racial attitudes on state welfare policymaking. Specifically, while much research finds evidence of institutional racial biases in the implementation of welfare policy, the evidence presented herein shows that these biases, as well as public biases, influence policymaking at the proposal stage. Implications of these findings are discussed in light of recent significant electoral gains made by Republicans in state legislatures.     

Caught in the Middle: The State, NGOs, and the Limits to Grassroots Organizing Along the US–Mexico Border

NGOs across the world work on a daily basis to assist marginalized and working poor communities to meet their most basic needs. As NGOs take on the provision of many services that previously existed in the domain of the state, they enter into a contradictory relationship. As they work to improve these communities abandoned by the state, they can become the conduit whereby neoliberal state policy enters marginalized communities. Growing numbers of NGOs find that their primary sources of income come from donors and state agencies that share a propensity for neoliberal forms of governance. In the colonias, working poor Mexican communities, of the US Southwest, the triumvirate relationship among the state, NGOs, and grassroots leaders can create a disabling situation. I examine these cases, in which the neoliberal preference for self‐help projects and a focus on the fulfilment of individual needs can overshadow more collective forms of social change.