Political Science Faculty Research and Publications

Litigating the Public Interest in the Gilded Age: Common Law Business Regulation by Nineteenth-Century State Attorneys General

Paul Nolette — Wed, 23 Jan 2013 10:06:07 PST

Heeding recent calls to explore the contributions of creative political actors other than federal judges to the process of American legal development, this article examines the role of state attorneys general (SAGs) during the period of rapid industrialization of the late nineteenth and early twentieth centuries. Consistent with recent revisionist accounts concerning the extent of government power during this era of supposed "laissez-faire," I find that SAGs during this period actively and creatively employed ancient common law legal theories in new ways to address the emerging corporate order during this time. Relying on a review of state court cases and newspaper accounts from the period, I examine how SAGs pursued the "public interest" by seeking injunctions against businesses and even corporate dissolution through their use of public nuisance and quo warranto theories. This litigation served as a form of regulation through litigation at a time in which administrative solutions were lacking and also influenced statutory developments during the period.

Review of "Mafias on the Move: How Organized Crime Conquers New Territories," by Federico Varese

H. R. Friman — Tue, 03 Jul 2012 11:23:01 PDT

Activating Workers? The Political Economy of Active Social Policy in Postindustrial Democracies

Duane Swank et al. — Tue, 07 Feb 2012 10:58:00 PST

Purpose – Since the mid-1980s, unemployment policy reforms in Europe and throughout the rich democracies have stressed publicly supported activation of the unemployed through both reductions in perceived disincentives to work as well as commitments for improved training, employment services, and related policies. In this chapter, I systematically explore the domestic and international political economic sources of these policy changes.

Methodology/approach – I test a set of hypotheses – original and derivative – about the domestic and international determinants of labor market policy change through pooled time-series cross-section analysis of 1980-to-2002 annual data from 18 capitalist democracies. The dependent variables consist of national spending on active labor market policy, measures of passive unemployment compensation benefits, and the ratio of active to passive unemployment program spending. Causal models account for spatial diffusion of policy reforms as well as core political and economic determinants of policy change.

Findings – I find that Left party governments and coordinated market institutions buoy resources for active labor market programs, maintain relatively generous passive unemployment supports and entitlements, and, at the same time, foster a shift to more active social policy. International trade openness promotes generous active labor market policies while more left-leaning voters and veto points within the polity significantly constrain reductions in unemployment benefits and entitlement rights. De-industrialization reinforces policy reforms toward activation while high unemployment rates engender cuts in passive unemployment benefits and eligibility conditions.

Originality/value – Overall, the chapter demonstrates that the economic effects on policy change notwithstanding, politics fundamentally matters: domestic political dynamics and variations in institutions explain the preponderance of the change (or lack thereof) in unemployment policy.

The Illegal Migration Industry

H. R. Friman — Thu, 18 Aug 2011 11:46:03 PDT

Gonna Party Like It's 1899: Party Systems and the Origins of Varieties of Coordination

Cathie Jo Martin et al. — Wed, 06 Jul 2011 09:27:19 PDT

The Politics of Smoke-Free Policies in Developing Countries: Lessons from Africa

Jeffrey Drope — Fri, 11 Mar 2011 12:18:41 PST

The public health rewards of smoke-free policies are well documented. But in their enthusiasm to achieve such policies, public health advocates and policymakers frequently underestimate the political complexity of passing laws, and then implementing and enforcing them. Using 12 African countries as the focus of discussion, this research examines the basic political process for and the barriers to achieving smoke-free policies. Moreover, in addition to the obstacles, it examines why some countries have been experiencing comparatively more success in the smoke-free policy area. The findings of the research suggest strongly that the presence of a vigorous tobacco control civil society movement, some will on the part of government institutions, and active research support contribute significantly to successful smoke-free policies. It is also apparent that the emerging battle fronts in smoke-free policies are in the areas of implementation and enforcement, and while similar variables that affect the passing of new laws also condition these outcomes, there are the added distinct challenges of policy fatigue and additional resource constraints.