The Fading Glory of the Television and Telephone

After occupying center stage in the American household for much of the 20th century, two of the grand old luminaries of consumer technology -- the television set and the landline telephone -- are suffering from a sharp decline in public perception that they are necessities of life.

Just 42% of Americans say they consider the television set to be a necessity, according to a new nationwide survey from the Pew Research Center's Social & Demographic Trends project. Last year, this figure was 52%. In 2006, it was 64%.

Source: Pew Research Center Social and Demographic Trends

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Putting Culture Back in Context: A Context Dependent Model of How Cultural Inputs, Toolkits, and Meanings Influence Action

Abstract:

In this article I outline a new framework for the sociological study of culture that relates three fundamental facets of human culture (inputs, toolkits, and meanings) to each other and suggests the contingencies under which each can influence action. Sociological theories of culture typically pitch these facets as opposing perspectives of “what culture is.” I argue that while each perspective answers a necessary part of the theoretical puzzle linking culture and action, existing models are not sufficient as standalone answers. Even the more theoretically nuanced attempts at integrating multiple elements of culture tend to argue that one particular aspect of culture provides the most powerful link to action a priori. The empirical inadequacies of each perspective as a stand-alone theory of “how culture affects action” are accounted for by the failure of theorists from each perspective to fully recognize and integrate the other elements of culture, as well as the concrete contingencies that give them analytic power, into their models. I argue that inputs, toolkits, and meanings are fundamental, complementary, and necessarily intertwined elements of culture. Further, which of these elements has the strongest influence on action is a function of social context. I use examples from both my own research on health behaviors and the empirical works of other scholars to propose a context dependent model of how and under what conditions each element of culture can affect both action and outcomes. Specifically, I show how varying levels of social stability, inequality, codification, and institutional involvement affect the relative influence of each aspect of culture.

Source: Institute for the Study of Social Change UC Berkeley [via eScholarship Repository]

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An opportunity not taken…yet: U.S. labor and the current economic crisis

Abstract:

The United States is undergoing what in many ways is its most profound economic crisis since the Great Depression of the 1930s. The Great Recession, as it is popularly called, is having a devastating impact on U.S. workers. In this context, U.S. unions, workers’ most important advocates, have been vociferous in calling for financial reform, job creation, and other strong policy measures. However, whereas the Great Depression in the United States saw labor engaged in dramatic mass mobilizations, large-scale militant actions, and a powerful role in promoting policy changes, the current economic slump the U.S. labor movement has accomplished none of these things. At first glance, this absence may seem surprising. However, I will argue, expanding on an earlier analysis by Milkman (2010) that in fact, it is a relatively unsurprising outcome of both long-term historical trends and shorter-term conjunctural factors.

The paper makes this case in four sections. First, I briefly summarize the impact of the crisis on U.S. workers. Second, I describe the response of U.S. unions to the Great Recession, drawing extensively on online searches to document my findings. Third, I discuss the long-term and short-term reasons for the very limited nature of that response. In closing, I explore some alternative paths that may indeed lead U.S. labor to mount a more vigorous response in the months and years to come.

Source: Institute for Research on Labor and Employment UCLA [via eScholarship Repository]

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Increasing access to health workers in remote and rural areas through improved retention

Globally, approximately one half of the population lives in rural areas, but less than 38% of the nurses and less than 25% of the physicians work there. While getting and keeping health workers in rural and remote areas is a challenge for all countries, the situation is worse in the 57 countries that have an absolute shortage of health workers.

After a year-long consultative effort, this document proposes sixteen evidence-based recommendations on how to improve the recruitment and retention of health workers in underserved areas. It also offers a guide for policy makers to choose the most appropriate interventions, and to implement, monitor and evaluate their impact over time.

Source: World Health Organization

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U.S. Unauthorized Immigration Flows Are Down Sharply Since Mid-Decade

The annual inflow of unauthorized immigrants to the United States was nearly two-thirds smaller in the March 2007 to March 2009 period than it had been from March 2000 to March 2005, according to new estimates by the Pew Hispanic Center.

This sharp decline has contributed to an overall reduction of 8% in the number of unauthorized immigrants currently living in the U.S.-to 11.1 million in March 2009 from a peak of 12 million in March 2007, according to the estimates. The decrease represents the first significant reversal in the growth of this population over the past two decades.

Source: Pew Hispanic Center

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Mathematica Research Brief: Helping the Most Elderly Remain Independent

Since passage of the Older Americans Act (OAA) in 1965, the Administration on Aging (AoA) has strived to help elderly Americans maintain their independence and remain living in their communities. Through its Aging Services Network, AoA provides services to help address the effects of declining physical health and functioning that frail adults experience. Funded under Title III of the OAA, services such as homemaker support, home-delivered meals, transportation services, and case management are available to those age 60 and older, with delivery targeted to the most vulnerable elderly.

An issue brief from Mathematica Policy Research, the first in a series, presents findings from AoA’s National Survey of OAA Program Participants and assesses whether Title III services are reaching adults at higher risk of nursing home entry.

Source: Mathematica Policy Research

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Secrecy and Democracy: Who Controls Information in the National Security State?

Abstract:

In national security matters, we give executive officials largely unchecked power to conceal from the public and even from Congress whatever information they choose to consider sensitive. We thus disconnect part of the essential machinery of democracy. Secrecy is nothing new, but in an era of transnational terrorism and expanded conceptions of what “national security” means, secrecy’s potential for eroding checks and balances is growing, even under a President ostensibly committed to greater openness in government. Democratic values and sound national security policy both suffer as a result.

This Article argues that information access is central to legitimate governance and that in matters involving classified information, we have needlessly constrained democratic processes, as a result of misdirected fears and misplaced reverence for executive expertise. Many capabilities necessary for sound secrecy decisions can be found only in Congress or the courts.

Discomfort with the executive information monopoly is increasingly evident in judicial decisions and legislative initiatives, but these acts of resistance remain halting and uneven. This Article attempts to give coherence to the often-tentative efforts by the other branches to claim a coordinate role. Building on congressional and judicial strengths, it develops an oversight framework more consonant with our constitutional design – an information democracy that combines robust national security safeguards with maximum feasible transparency and accountability.

Source: New York University Public Law and Legal Theory Working Papers

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“The Sole Right...Shall Return to the Authors”: Anglo-American Authors’ Reversion Rights From the Statute of Anne to Contemporary U.S. Copyright

Abstract:

This study of author’s reversion rights begins with the Statute of Anne and the debates that led up to the adoption of section 11, which vested in the author a second fourteen-year term, provided he or she was still alive at the end of the initial fourteen-year term. The study then will address the impact of the author’s reversion right on publishing practice and authors’ welfare in the United Kingdom through the eighteenth century to the demise of the reversion right in 1814. We will suggest that the apparent lack of use of the reversion right by authors in the eighteenth century was a result of a host of factors, including but not limited to the common (but by no means universal) contractual practice which purported to confer on a publisher the entirety of an author’s rights. In addition, we call attention to the multiple and shifting interpretations of what was required by section 11, as well as the social and economic limitations on an author’s capacity to take advantage of the reversion. The second half of this study turns to the law and publishing practices in the United States, where reversion rights have proved more enduring if not always more beneficial to authors.

The study concludes that history and practice suggest at best inconsistent achievement of reversonary rights’ aim to offset the author’s weaker bargaining position by assuring her a future opportunity to make a better deal. Legislators might improve the reversion rights regime, but it is not clear that authors’ lots will accordingly ameliorate. Substantive regulation of contracts of transfer, rather than rights to terminate those transfers, may offer the preferable path to ensuring meaningful and effective protection of authors’ interests in reaping the fruits of their intellectual labors.

Source: Columbia Public Law & Legal Theory Working Papers

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American Policing at a Crossroads

Abstract

As victimization rates have fallen, public preoccupation with policing and its crime control impact has receded. Terrorism has become the new focal point of concern. But satisfaction with ordinary police practices hides deep problems. The time is therefore ripe for rethinking the assumptions that have guided American police for most of the past two decades. This essay proposes an empirically grounded shift to what we call a procedural justice model of policing. When law enforcement moves toward this approach, it can be more effective, at lower cost and without the negative side effects that currently hamper responses to terrorism and conventional crime. This essay describes the procedural justice model, explains its theoretical and empirical foundations, and discusses its policy implications, both for ordinary policing and for efforts to combat international terrorism.

Source: New York University Public Law and Legal Theory Working Papers

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Postsecondary Institutions and Price of Attendance in the United States

This First Look presents findings from the Integrated Postsecondary Education Data System (IPEDS) fall 2009 data collection, which included three survey components: Institutional Characteristics for the 2009-10 academic year, Completions covering the period July 1, 2008, through June 30, 2009. and data on 12-Month Enrollment for the 2008-09 academic year. These data were collected through the IPEDS web-based data collection system.

Source: National Center for Education Statistics

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NBER paper Does Culture Matter?

This paper reviews the literature on culture and economics, focusing primarily on the epidemiological approach. The epidemiological approach studies the variation in outcomes across different immigrant groups residing in the same country. Immigrants presumably differ in their cultures but share a common institutional and economic environment. This allows one to separate the effect of culture from the original economic and institutional environment. This approach has been used to study a variety of issues, including female labor force participation, fertility, labor market regulation, redistribution, growth, and financial development among others.

Source: National Bureau of Economic Research

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On Political Corruption

Abstract:
This Essay takes Citizens United as a launching point to revisit the central Buckley v. Valeo paradigm and examine what possibilities for reform remain to redress the vulnerabilities of democracy before the powers of the purse. Beginning with Buckley, the Court recognized that contributions had the unique potential to corrupt the political process. Revisiting the contribution process and the concept of corruption may yield a better handle on what should be the sources of concern in the financing of electoral campaigns. The inquiry begins with the contested terrain over the nature of political corruption. Once the Supreme Court announced in Buckley that the concern over corruption or even its appearance could justify limitations on money in politics, the race was on to fill the porous concept of corruption with every conceivable meaning advocates could muster. Citizens United categorically rejected the rationale of Austin v. Michigan Chamber of Commerce that corruption ensues from the electoral distortions caused by differences in wealth. Citizens United also rejected any attempt to draw the lines of participation at persons versus corporations based upon similar access to wealth. But what is the remaining corruption concern?

The argument presented is that the corruption concern is really a concern with ensuring public – rather than private – outputs from the policy making process of government once in office, rather than when candidates stand for election. The argument rests heavily on the idea that the threat to democratic governance may come from the emergence of a “clientelist” relation between elected officials and those who seek to profit by relations to the state. This reorientation toward corruption in the outputs of policy making suggests effective solutions to address the financial vulnerabilities of democracy compatible with the Court’s strong constitutional stance in Citizens United. Specifically, the focus is on mechanisms to empower democratic participation in two ways, one by inducement, one by prohibition. Counterintuitively, the inducement looks to increasing the amount of contributions to campaigns to alleviate some of the concerns over political corruption, while the prohibition seeks to bar those in a position to distort public policy – such as government contractors – from providing support to candidates’ campaigns.

Source: New York University Public Law and Legal Theory Working Papers. Paper 216.
http://lsr.nellco.org/nyu_plltwp/216

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Student Victimization in U.S. Schools

This report uses data from the 2007 SCS to examine student criminal victimization and the characteristics of crime victims and nonvictims. It also provides findings on student reports of the presence of gangs and weapons and the availability of drugs at school, student reports of bullying and cyberbullying, and fear and avoidance behaviors of crime victims and nonvictims at school.

Source: National Center for Education Statistics

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The Experience of Tenure-Track Faculty at Research Universities: Analysis of COACHE Survey Results by Academic Area and Gender

A new report by COACHE reveals evidence of major differences in work satisfaction between faculty in different academic areas and between men and women within many of those areas. In surveys of untenured assistant professors at research universities, faculty in the physical sciences and humanities were among those satisfied with more aspects of their work lives, while faculty in education and the visual and performing arts were satisfied with the fewest aspects. In additional analysis, COACHE researchers found that gaps in satisfaction between women and men were most prevalent in the social sciences.

Source: Collaborative on Academic Careers in Higher Education.(COACHE)

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Latinos: Discrete and Insular No More

Abstract:

As part of this symposium to celebrate the publication of a Latinos and the Law casebook by Richard Delgado, Juan Perea, and Jean Stefancic, this Essay considers why the time is ripe for bringing Latinos out of the casebook squibs and into the canon. The primary answer is: numbers. As Latinos become an increasingly large segment of the U.S. population, understanding how they fit into American history and how their presence has shaped the law's development becomes central to understanding the nature of our polity. But the growth of the Latino population into a dominant minority (and an outright majority in some jurisdictions) raises a new set of questions: what happens to our conceptions of rights and responsibilities when a minority starts to take on the characteristics of a majority, or an outright majority ceases to exist? Our conception of the category "Latino" and its place in our politics and constitutional jurisprudence must change as the population grows in size and importance. This Essay explores how and why.

Source: New York University Public Law and Legal Theory Working Papers

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America's Children in Brief: Key National Indicators of Well-Being, 2010

The Forum's signature report, America's Children: Key National Indicators of Well-Being, provides annual updates on the well-being of children and families in the United States across a range of domains.

The 2010 Childstats website includes 68 tables and 59 figures that describe the population of children and depict their well-being in the areas of family and social environment, economic circumstances, health care, physical environment and safety, behavior, education, and health.

Source: Federal Interagency Forum on Child and Family Statistics

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May it Please the Senate: An Empirical Analysis of the Senate Judiciary Committee Hearings of Supreme Court Nominees, 1939-2009

Abstract:

This paper examines the questions asked and answers given by every Supreme Court nominee who has appeared to testify before the Senate Judiciary Committee since 1939. In doing so, it uses a new dataset developed by the authors. This database, which provides a much-needed empirical foundation for scholarship in emerging areas of constitutional law and political science, captures all of the statements made at the hearings and codes these comments by issue area, subissue area, party of the appointing president, and party of the questioning senator. The dataset allows us to quantify for the fist time such things as which issues are most frequently discussed at the hearings, whether those issues have changed over time, and whether they vary depending on the party of the appointing president and the party of the questioning senator. We also investigate if questioning patterns differ depending on the race or gender of the nominee. Some of our results are unsurprising: for example, the hearings have become longer. Others, however, challenge conventional wisdom: the Bork hearing is less of an outlier in several ways than is frequently assumed, and abortion has not dominated the hearings. We also discover that there is issue area variation over time, and that there are notable disparities in the issues addressed by Democratic versus Republican senators. Finally, we find that female and minority nominees face a significantly different hearing environment than do white male nominees.

Source: UGA Legal Studies Research Paper No. 10-12. Available at SSRN: http://ssrn.com/abstract=1630403

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Tackling inequalities in life expectancy in areas with the worst health and deprivation

Introduction:

The Department of Health has made a serious attempt to tackle health inequalities across England. But, having set a target in 2000 to reduce health inequalities, it was slow to take action and health inequalities were not a top priority for the NHS until 2006.

The NAO report found that, although life expectancy overall has increased, the gap in life expectancy between the national average and the Government’s dedicated “spearhead” areas has continued to widen. The Department will not meet its target to reduce the health inequalities gap by 10 per cent by 2010, as measured by life expectancy at birth, if current trends continue.

Source: United Kingdom National Audit Office

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Assessing How Marijuana Legalization in California Could Influence Marijuana Consumption and Public Budgets

Summary:

To learn more about the possible outcomes of marijuana legalization in California, RAND researchers constructed a model based on a series of estimates of current consumption, current and future prices, how responsive use is to price changes, taxes levied and possibly evaded, and the aggregation of nonprice effects (such as a change in stigma). Key findings include the following: (1) the pretax retail price of marijuana will substantially decline, likely by more than 80 percent. The price the consumers face will depend heavily on taxes, the structure of the regulatory regime, and how taxes and regulations are enforced; (2) consumption will increase, but it is unclear how much, because we know neither the shape of the demand curve nor the level of tax evasion (which reduces revenues and prices that consumers face); (3) tax revenues could be dramatically lower or higher than the $1.4 billion estimate provided by the California Board of Equalization (BOE); for example, uncertainty about the federal response to California legalization can swing estimates in either direction; (4) previous studies find that the annual costs of enforcing marijuana laws in California range from around $200 million to nearly $1.9 billion; our estimates show that the costs are probably less than $300 million; and (5) there is considerable uncertainty about the impact of legalizing marijuana in California on public budgets and consumption, with even minor changes in assumptions leading to major differences in outcomes.

Source: RAND Corporation

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The Efficacy of Self-Funding a Political Campaign

Whitman and Fiorina take note: while candidates with big war chests hold a significant advantage over their opponents, the advantage is diffused when most of the money comes from a candidate's own pockets. The traditional advantages of being the top fundraiser in a race, or being an incumbent, don't confer the same level of success to self-financiers. That trend holds true for candidates from all parties. In fact, in the last nine years, only 11 percent of self-financed candidates won their races. Early primary results in 2010 show this trend may be continuing.

Source: National Institute on Money and State Politics

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