Data Mining
Data Mining
Data Mining
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Introduction xi
3. Win-Win Equity 13
Laure Paquette
PROFESSIONALISM
Louise G. White
John Engler
32. “Ordinary” Injustice: A Memo to the Editor 213
Charles H. Moore
Mike Huckabee
Lawrence Susskind
BOOKS
Part 4: PROFESSIONALISM IN
POLICY EVALUATION
OTHER DISCIPLINES
Index 413
Introduction
xi
xii | Handbook of Public Policy Evaluation
FOUNDATION
IDEAS
Part 1
WIN-WIN
METHODS
CHAPTER 1
Win-Win Analysis Summarized
5
6 | Win-Win Methods
Such a facilitating checklist might include proaches to Resolving Public Disputes. New
the following: York: Basic Books, 1987.
Robert Haveman
University of Wisconsin
EDITOR’S NOTE: This chapter is reproduced with permission from Robert Haveman, “The Big Tradeoff: Funda
mental Law or Red Herring?” Policy Evaluation 4, no. 2 (1998): 5-10.
7
8 | Win-Win Methods
Assuming the society is rational, fully would be reduced. On the diagram, the
informed, and prefers less inequality than program would shift upward to the left, to
that generated by the market system, the a point such as A primed. More equality
nation’s redistribution system might be lo would be gained but at some loss of effi
cated at a point such as A in region I—it ciency. Similarly, contraction of the policy
both is deemed efficient (given the initial would move us downward and to the right.
distribution of income) and achieves some Tracing out such expansions and con
reduction in inequality. What now is the ef tractions yields the Big Tradeoff curve—
fect of expanding the system, but leaving accepting common assumptions, it would
its basic structure (that is, the relative com be negatively sloped and convex.
position of the programs of which it con Contemplating such a tradeoff relation
sists) unchanged? Beginning at point A, an ship is deceptively easy. Once the curve that
expansion of the system—an increase in embodies this relationship is drawn, the
spending on existing redistribution mea- numerous assumptions embodied in it are
sures—would achieve some additional re quickly forgotten. For one thing, the con
duction in inequality, but with some loss in cepts labeled on the axes of the diagram—
efficiency. For example, if income transfers efficiency and equality—are far more com
to low-income families are increased from plex than these simple terms suggest. The
$150 per month to $250 per month, both proxies that we typically employ to capture
recipients and taxpayers are likely to re what is gained and what is given up are of
duce their work effort—a decrease in effi ten weak surrogates for the basic issues at
ciency—while at the same time inequality stake. While volumes have been written in
The Big Tradeoff | 9
an attempt to clarify these complex con of the economic pie, this is known to the
cepts, little of this complexity is typically dictator.
reflected in interpreting the diagram. Armed with this maximum social wel
Moreover, in drawing the relationship, fare objective and full information, the dic
we implicitly assume that the information tator chooses among the available options
required to establish this tradeoff exists so as to maximize the well-being of her
and that decision makers, once placed on people. Having so chosen, she can sit back
this frontier, are well informed, consistent, and observe—and take pride in—this con
and rational. We assume that decision stellation of optimum public policies. The
makers have clearly defined objectives, economic pie will not be as large as it could
carefully identified options for achieving be; the correct amount of sacrifice in the
them, accurate knowledge about how each size of the pie will have been made in the in
option contributes to the objectives, and a terests of reducing destitution among the
full specification of the Social Welfare poorest citizens. Neither will the pursuit of
Function that identifies the optimal posi equity have been carried to its maximum—
tion on the tradeoff curve, and that they full equality: The correct deviation from
then choose among the options so as to best equality will have been chosen in the inter
achieve the objectives. Only if these condi est of maintaining the size of the pie. Some
tions hold is society on the tradeoff rela point in Figure 2.1—say, point A—will
tionship, balancing equality and efficiency have been optimally chosen. It represents
by moving along the frontier. the best position available to society in
To understand the conditions on which terms of both equality and efficiency, given
such a tradeoff relationship exists—and the social welfare function.
can serve as a guide to policy—consider the Presuming a position on the tradeoff
following simple and contrived example. function, then, the policy advice of econo
At the beginning of the republic, a benefi mists is clear. If the tastes of society shift the
cent dictator establishes that the objective balance between efficiency and equality so
of government is to maximize the well that, say, efficiency becomes more valued,
being of her people. The size of the soci retrench on the size of the nation’s redistri
ety’s economic pie is one component of bution system—slide upward and to the
social well-being—the “efficiency com left along the curve. If more equality is de
ponent.” However, total social welfare sired, expand the system, and slide down
cannot be at its maximum, the dictator the tradeoff function to the right. The basic
concludes, if destitution, malnutrition, and policy on choices on which this view fo
poverty exist alongside a large economic cuses attention are those which alter the
pie. She adopts a welfare function on the position on the Big Tradeoff curve—which
behalf of society that recognizes this “eq involve expansion or retrenchment of, say,
uity component” as well as the efficiency income redistribution policy.
component. In a political economy environment
Now, with full information, the dictator such as ours, policy discussions which fo
knows just how much a given increase in cus on such expansion-retrenchment op
the size of the economic pie contributes to tions seem to me to be simplistic and mis
social welfare, and how much of a contri leading. They fail to capture the essence of
bution to economic well-being is provided the public sector decision process and,
by a given reduction in destitution. Such hence, force thinking into a narrow and er
perfect information also allows her to roneous framework.
know the interaction between the effi This view rests on the judgment that, in
ciency and equity components of social the case of public policies in the social wel
welfare—if reducing poverty causes the fare or redistribution area, the basic pre
poor to work less, thereby reducing the size mises on which the Big Tradeoff notion
10 | Win-Win Methods
rests are false. In our political system, there tradeoff relationship to which we are tied.
is no consistent government decision In our imperfect political economy, the
maker whose job is to make rational policy constellation of policies in place are scat
choices. There is a Congress with a shifting tered all over efficiency-equality space.
cacophony of voices and interests, which is Some of them simultaneously contribute to
checked and balanced by an administra both equality and efficiency; others may
tion that changes over time, sometimes sacrifice both. Still others will emphasize
rather radically, and by a judiciary that also efficiency while sacrificing equality and
changes, though not so fast. vice versa. The trick is to identify and im
These public decision makers have little plement those policies that simultaneously
or no well-defined notion of a social wel promote efficiency and equality. Those
fare objective writ large, nor of the com that sacrifice both should be abandoned or
ponents of the objective, nor of how indi restructured.
vidual policies affect these components. Figure 2.2 is helpful in depicting this
Moreover, they operate in a political alternative view. I have drawn a field of X’s
system dominated by powerful private in efficiency-equality space. These repre
interests. They often lack information— sent the set of policies actually in effect.
especially about interactions and conse Some simultaneously secure equality and
quences. efficiency—they would be in Region I.
Perhaps most seriously, social move The federal Headstart program would be
ments and leaders change over time, tastes a good example. Others sacrifice both of
and perceptions change, and new and these objectives, and they would be in
better knowledge comes to replace the old. Region III. Federal irrigation subsidies
Both the nature of the tradeoff and judg would be my favorite example. Still oth
ments about priorities are far from static. ers emphasize efficiency while sacrificing
In short, in the real world of public pol equality (Region II) or vice versa (Region
icy, there is no Big Tradeoff curve. And to IV).
presume that there is and to prescribe ac This alternative view leads to quite a
cording to this presumption focuses debate different emphasis and public policy ap
on a simple, narrow, and miscast question: proach than does the Big Tradeoff per
Shall we expand the existing redistribution spective. The focus here is on restructuring
system—or shall we, in the interests of effi and reorientation, rather than on retrench
ciency, retrench? Indeed, since 1980, I ment or expansion. If both efficiency and
would note, the primary reason given by equality are valued, economic analysis
federal policymakers for retrenchment in should seek to identify policies that simul
social and redistribution programs has taneously promote both. If, in fact, such
been to promote economic efficiency—to policy options are available (Region I),
stimulate work, saving, and investment, all they should be pursued, while policies
of which were believed to have been traded that reduce efficiency and equality (Region
away in the pursuit for equality. III) should be abandoned. More gener
If there is no relevant Big Tradeoff rela ally, policies should be designed to secure
tionship in the imperfect world in which both efficiency and equality simultane
policy is made, speaking about policy ously, and when so designed should be pur
choices as if one does exist diverts attention sued vigorously. Similarly, measures that
from a more relevant and helpful way of will secure inequality reduction simulta
viewing policy options. In this alternative neously with efficiency should be substi
view, both equality and efficiency can be tuted for those that score poorly on both
pursued simultaneously; there is no fixed accounts.
The Big Tradeoff | 11
The basic point, then, is that by empha program-specific choices. The decision to
sizing the Big Tradeoff, economists have raise public revenue from the existing tax
encouraged policy changes to be viewed in system to support an increase in existing in
a limited and myopic way. The Big Trade- come transfer programs will, in all likeli
off framework shifts the spotlight away hood, reduce both efficiency and inequal
from the existing composition and struc ity. My point is that this is the wrong choice
ture of policy measures and suggests that on which policymakers should be encour
the crucial policy choice is whether to ex aged to focus. It would be far better to di
pand or to contract that fixed system. The rect their attention to questions such as
alternative view holds open the possibility “Can we redesign the tax system to allow
that policy can be radically redesigned. It us to raise revenues with less deadweight
forces a search for innovative approaches. loss?” or “Can we restructure social policy
It holds open the possibility that policies to enable us to secure more inequality re
with more favorable efficiency and equal duction with the same expenditure?”
ity implications can be substituted for In short, sound policy decisions consist
those that do not score well at either. of far more than simple retrenchment or
I am not to be interpreted as suggest expansion. In dealing with public sector
ing that tradeoffs between efficiency and decisions, there is no Big Tradeoff frontier,
equality do not characterize many policy or and our main task is not to decide whether
12 | Win-Win Methods
to slide up it or to slide down it. Rather, our gion III. It is to determine how to shift up
task should be one of reorientation and re- the total benefit function, or to shift down
form—deciding how to move toward the the total cost function, and not just where
northeast in equality-efficiency space—to to place ourselves, given a fixed pair of loss
move toward Region I and away from Re and gain functions.
CHAPTER 3
Win-Win Equity
13
14 | Win-Win Methods
Goals
C L
Merit Productivity
(Efficiency, Equity or Fairness
Effectiveness, or (for Those Who
High Gross Have Been
Alternatives National Product) Discriminated Against)
C + –
Color blind and gender blind May be illegal where
overt discrimination
L – +
Temporary preferences But may not be constitu
(to promote diversity) tional
N
Reagan affirmative action
No overt discrimination
No discriminatory test that
employment
than instituting regulations and fines. This and research firms to develop new pro
approach would also help promote a cesses (that relate to manufacturing,
cleaner environment, but there still might transportation, energy, and agriculture)
be evasions by businesses due to the extra that are both less expensive and cleaner
expense and trouble in complying. than the old processes. The new processes
A win-win policy alternative might in would then be adopted by businesses be
stead emphasize subsidies to universities cause they are more profitable and not be
Win-Win Equity | 15
Goals
C L
Economic Efficiency Environmental Equity
(Productivity, (Clean Air, Clean Water,
Effectiveness, or High and No Radiation, Excess
Alternatives Gross National Product) Noise, or Other Pollution)
C + –
Marketplace (i.e., consumers will Consumers do note boy-
boycott polluters) cott (e.g., power or steel)
L – +
Prohibit pollution (or regulate If enforced and if politi
degree, with penalties or taxes on cally feasible
pollution)
N 0 0
Marketable rights to pollute Still involves expense Some incentive to reduce
to manufacturers, etc., pollution
but not so much
SOS or win-win solution
New, cheaper and cleaner
technologies in
cause the firms are being forced or subsi An example of such an environmental
dized to do so. win-win policy is the development of a sub
The new processes would thus achieve stitute for aerosol propellants and air-con
the conservative goals of profits and eco ditioning freon that is more profitable to
nomic development even better than would manufacturers and less harmful to the
retaining the present marketplace. Such a ozone layer, which protects against skin
win-win policy would also promote the lib cancer. Another example is the develop
eral goal of a cleaner environment even ment of an electric car, which saves money
better than would a system of regulation, on gasoline and maintenance and does not
and it would do so without the expense of a generate the exhaust pollution that cars
continuing subsidy for adopting and re with internal combustion engines produce.
newing antipollution devices (Table 3.2). Hydrogen fusion and solar energy may also
16 | Win-Win Methods
be examples of less expensive and cleaner rate of success in finding jobs than the rate
fuels for manufacturing processes. of success of a government agency or a
nonprofit organization. The firm also has
more capability than the recipient. Tax
Displaced Workers money is saved in the long term as a result
of replacing welfare with work. It may also
Displacement of labor occurs for the fol be saved in the short term because the ex
lowing reasons: (a) productivity down penses per long-term job found is less than
sizing; (b) free trade; (c) immigration; the cost of a government agency or non
(d) civilian conversion; (e) jobs for public profit organization. Related activities can
aid recipients, the disabled, or the aged, also help displaced business people find
who might otherwise be on welfare; and new jobs or start new businesses.
(f) jobs for minorities and women, who
might otherwise be discriminated against
(Table 3.3). Minority Redistricting
The issue is how to find jobs for dis
placed workers. The conservative empha For the sake of discussion, consider a
sis is to leave it up to the individual to find a city such as Chicago or a state such as
job on his or her own and not make it the Mississippi that is approximately 40%
responsibility of other people. The liberal black (or minority) and approximately
emphasis is on a welfare agency or another 60% white. Conservatives tend to endorse
government agency doing most of the job- color-blind districting, in which lines are
finding work. The neutral position might drawn by a computer with no regard for
involve delegating the activity to a non where blacks or whites live, as long as all
profit organization. districts have equal populations. The result
A key conservative goal is to save tax might be that no district will be a safe black
money, which means encouraging job find district that can guarantee a black legisla
ing to reduce welfare payments but not tor. The percentage of blacks in the districts
incurring high fees for job finding. A key may range from approximately 10% to
liberal goal is to find jobs for displaced 65%. Higher than 65% black is generally
workers or welfare recipients not just to considered a safe black district for an aver
save money by reducing welfare payments age black candidate running against an av
but also because jobs can increase the in erage white candidate.
come, quality of life, and dignity of wel Liberals tend to advocate proportional
fare recipients. Doing so also has effects districting, which means that the computer
that relate to multipliers, compounding, is affirmatively programmed to provide
role models, and reducing illegal activities. that 40% of the districts will have black
An SOS alternative is to contract out to majorities if blacks are 40% of the popula
a private profit-making firm at a commis tion of the city (e.g., Chicago) or the state
sion of $X per welfare recipient who re (e.g., Mississippi) (Table 3.4).
ceives long-term employment. Half of the A neutral or middling position is to pro
commission is paid after the employee has vide as many safe black districts as possi
been on the job for 4 months, and the other ble. Such districts have more than 65%
half is paid after 8 months. The firm is re black voters, and this position is endorsed
sponsible for providing training, day care, by conservatives who want to pack black
employment leads, advice, and dispute res voters and thereby decrease the number of
olution—all of which a government agency black legislators. Such districts are also en
might otherwise provide. dorsed by black incumbents who want to
This is a good example of contracting avoid white competition. By wasting or
out. The profit motive stimulates a higher packing black voters, only 20% of the leg
Win-Win Equity | 17
Goals
C L
Equity (i.e., Fairness
Efficiency (Merit or to Those Unemployed
Alternatives Survival of the Fittest) to No Fault)
C
Marketplace (leave to the labor + –
marketplace)
L
Welfare handouts with few – +
conditions
N
Welfare with conditions
No able-bodied eligibles, especially 0 0
males
Bare minimum benefits
Residence requirements
Provide no due process
SOS or win-win solution (i.e., job facilitation)
Training
Wage subsidy
Employment agency commissions ++ ++
Rising GNP
Relocation
Welfare conditional on training and
job cooperation
Goals
C L
Efficiency Equity
(Color Blind (Minority
Alternatives and Not Divisive) Proportionality)
C
Random
Single-member districts, + –
randomly drawn (0%)
L
Proportional
Districts deliberately drawn to – +
obtain proportionality (40%)
N
Black districts
Safe black majority districts, 0 0
deliberately drawn (20%)
SOS or win-win solution (i.e., cumulative voting)
Multimember districts with cumula- ++ ++
color-blind districts)
nonproportional. Thus, all three systems in the legislature, then all candidates run at
are questionable in reducing divisiveness. large. Any voter can cast five votes for just
A key liberal goal is to increase black one candidate or divide the five votes
influence. Proportional districting may among four, three, or two candidates.
achieve the best result in this regard in Where the legislature is larger, one can pro
terms of quantity of black legislators. vide for multimember districts with ap
Color-blind districting may achieve the proximately five seats per district. This sys
worst result. Color-blind districting, how tem reduces racial divisiveness if the voting
ever, may actually increase black influence is at large or if the multimember districts
because blacks might become a pivotal are drawn in a color-blind way. It also al
group in almost all districts. Thus, all three lows for a major black influence if blacks
systems are questionable with regard to in cast all five of their votes for only pro-black
creasing black influence. It depends on candidates.
how one defines “increasing black influ Racial balance means that every district
ence” and “increasing racial divisiveness.” has the same percentage of blacks. This is
One way to simultaneously reduce ra the equivalent of 100% safe black districts
cial divisiveness and increase black influ if the state or city is more than 65% black.
ence is to provide for at-large cumulative It is the equivalent of maximizing the swing
voting. For example, if there are five seats vote if the city is approximately 40% to
Win-Win Equity | 19
50% black, and it is the equivalent of Second, the Republicans objected to Demo
color-blind districting if the city is less crats having proportional representation
than approximately 10% to 20% black. downstate, and the Democrats objected to
Thus, racial balance across every district the Republicans having proportional repre
is neither pro-black nor anti-black until sentation in the Chicago area. The party lead
one knows the racial balance percentage. ers were thus in effect conspiring to deprive
Another alleged way to achieve both the voters of both competitive choice and
goals is to draw the single-member dis proportional representation. If competitive
trict lines so as to maximize the influence choice and proportional representation were
of blacks as swing or pivotal voters. This federal constitutional requirements, then the
means that as many districts as possible cumulative voting could not be so easily ma
in which blacks comprise approximately nipulated at the state level.
40% to 50% of the population are nec
essary. They can then guarantee that pro-
black candidates will win in each such EQUITY VERSUS EQUITY
district. Racial divisiveness is reduced by
not having any segregated or separa Criminal Justice: Victims and Defendants
tionist black districts. Black influence is
increased by determining who many or The Controversy
most of the white winners will be. This
pivotal black system, however, produces A concrete example of equity versus equity
about the same results as color-blind is the controversy regarding the size of juries
districting in terms of a low percentage in criminal cases, as shown in Table 3.5. Lib
of black legislators. Actually, substan erals argue in favor of preserving the tradi
tially less than 40% is needed to be a piv tional 12-person jury, as contrasted to allow
otal group in a two-party district or a ing juries as small as 6 people. Liberals view
two-candidate primary. the larger jury as being important for protect
The SOS of at-large cumulative voting ing the innocent because it is more difficult
may have political opposition because it for a prosecutor to convince 12 jurors. Lib
gives the minority political party, and erals may also argue that 12-person juries al
minority ethnic groups, some represen low for more public participation, but this
tation. The swing vote approach may seems less important than decreasing convic
have political opposition because blacks tions, although public participation may
and minorities tend to measure their in sound more acceptable.
fluence by how many black legislators Conservatives argue in favor of allowing
there are rather than by how much influ 6-person juries. They view smaller juries as
ence they have over white legislators. being important for convicting the guilty be
From approximately 1880 to 1980, cause it is easier for a prosecutor to convince
Illinois provided for cumulative voting 6 jurors unanimously of the defendant’s guilt
of state legislators in the lower house. than it is to convince 12 jurors. Conservatives
The system involved three seats for each may also argue that 6-person juries reduce
district. The system was abolished for delay, but this seems less important than in
two reasons. First, in downstate areas, creasing convictions, although delay reduc
the Republicans would run one candi tion may sound more acceptable.
date and the Democrats would run two. In this context, liberals are especially sen
Thus, the voters had no choice because sitive to avoiding errors of convicting the
there were only three seats per district. innocent, although they also want to avoid
This could have been prevented by re errors of not convicting the guilty. Conser
quiring that each major political party vatives are especially sensitive to avoiding
run at least two candidates per district. errors of not convicting the guilty, although
20 | Win-Win Methods
Goals
C L
Equity No. 1 (Convict Equity No. 2 (Acquit
the Guilty, Fairness to the Innocent, Fairness
Alternatives Exclusionary Victims) to Defendants)
C + –
6-Person and majority Reduce crime through Reduce crime through re-
Smaller than 11-person juries deterrence spect for legal system and
(about 6); less than unanimity
alternative opportunities
(about 51%); also less appeals,
illegal evidence
L
12-Person and unanimity
unanimity
N
Compromise
8-person jury 0 0
Three-fourths vote
(9 of 12 or 6 of 8)
SOS or win-win solution
Videotape all trials
Encourage note taking
Ask questions of lawyers and judge ++ ++
Written instructions
Pretrial training
they also want to avoid the errors of con they tend to view as not being a significant
victing the innocent. As long as the prob percentage of the defendants who are tried.
lem is defined in terms of optimum jury
size, there is an inherent trade-off between
these two goals. Liberals view any reduc The Resolution
tion in jury size as sacrificing protection of
the innocent in favor of convicting the What may be needed in this policy con
guilty. Conservatives view a retention of troversy is redefinition of the problem
the 12-person jury as sacrificing the need to away from “How many people should be
convict the guilty in favor of an undue sen present on a jury in criminal cases?” A
sitivity to protecting the innocent, whom more appropriate definition of the problem
Win-Win Equity | 21
in light of what the liberals and conser agreement among the jurors regarding
vatives are actually arguing over is “How what was said by a certain witness, a law
can we simultaneously increase the prob yer, or the judge. One juror who is espe
ability of convicting guilty defendants and cially domineering may say that the witness
increase the probability of acquitting inno said the defendant was seen at the scene of
cent defendants?” There is no inherent the crime at 8:00 a.m. Other jurors may
trade-off between these two goals. In fact, think it was 8:00 p.m. The disagreement
there may be no inherent trade-off between can be quickly and accurately resolved with
any two goals. By restating the problem, a videotape made by a camcorder that can
one’s attention is directed toward thinking be played back on any TV set with video-
about which procedural changes could playback capability. Otherwise, the win
better achieve both goals simultaneously ning perception is the one held by which
rather than thinking about what is the ideal ever jurors may have the most aggressive
compromise, middling position, or equi personalities. This could result in either an
librium between 12-person and 6-person error of acquitting a guilty person or an
juries. error of convicting an innocent person.
There are some procedural changes The second sense in which the cam
that could simultaneously increase goal corder videotaping is super-optimum is
achievement on both the liberal and con that it decreases costs and increases bene
servative goals. They all involve increasing fits simultaneously. It is substantially less
the general accuracy of juries and decreas expensive to videotape a jury trial than to
ing the general inaccuracy. One such proce pay a stenotypist to try to record verbatim
dural change would be to allow jurors to what was said at the trial. The camcorder
take notes. In most states, they are prohib can be operated by someone who can easily
ited from doing so. It is unclear why this be taught how to use it. The cost of each
prohibition was implemented. One plausi tape is nominal, and tapes can be reused.
ble explanation is that when the jury sys The benefits are substantially increased be
tem was begun in approximately the 1500s cause (a) there is instant replay, in contrast
in England, few people could read or write. to transcribed stenotype provided months
It may have been believed that if those few later; (b) there is accurate replay in contrast
jurors who could take notes were allowed to the extensively ad-libbed record that is
to do so, they would dominate jury deci made by court reporters; (c) one can see fa
sion making. Thus, a 12-person jury could cial expressions; (d) one can hear voice
in effect become a jury of 1 or 2 people who connotations; and (e) one can hear two or
made a written record of what the jurors more people talking at the same time,
perceived as having occurred. As of 1990, which tends to become gibberish or absent
virtually all jurors are capable of taking in stenotyping notes.
notes and should be allowed to do so. It In addition to note taking and videotap
would improve their accuracy in both ing, there are many other ways to increase
convicting the guilty and acquitting the general jury accuracy, including allowing
innocent. jurors to have access to a written copy of
Along related lines, an especially useful the judge’s instructions. This helps improve
innovation would be to provide for auto the interpretation of the law by juries, just
matic videotaping of jury trials and bench as note taking and videotaping improve
trials. This is a possible double SOS. It is their understanding of the facts. Most
super-optimum in the sense that it simulta states do not provide for written judicial
neously increases the accuracy of convict instructions. This also dates back to medi
ing the guilty and acquitting the innocent. eval times when relatively few people could
Often in jury deliberations, there is dis read. It was believed that those few who
22 | Win-Win Methods
could read the judge’s instructions would civil cases in which there is no contingency
dominate jury decision making, just as fee involved. The Legal Services Corpora
those few who could write notes would tion is not sufficiently funded to guarantee
also dominate. The contemporary reason counsel to indigent civil litigants. Thus, an
for the inertia in allowing juries to have indigent tenant who has been evicted or an
written instructions may relate to the fact indigent consumer who has had items re
that the instructions tend to favor safe possessed is going to have to settle for less
guards for the innocent. Legal decision than what such a litigant might be entitled
makers may be reluctant to do anything to if the litigant could go to trial. Such indi
that will further increase acquittals and de gent litigants, however, are not able to go
crease convictions. to trial because Legal Services lawyers do
Several other approaches to improve not have the financial resources to spend
general juror accuracy have been either time in trial, and the indigent litigants do
adopted in only a minority of states or not not have the financial resources to hire trial
adopted by any. Jurors should be allowed lawyers.
to submit questions to the judge, the law These matters are likely to result in a
yers, or even the witnesses indirectly higher conviction rate for the truly guilty
through the lawyers. This could clarify fac than switching from 12- to 6-person juries
tual and legal ambiguities that lead to would. They are also likely to do more for
wrong decisions. acquitting the truly innocent than retaining
A training course should be provided for the 12-person jury would. This is an exam
each juror that would last a full day before ple of redefining the problem in terms of
a juror is eligible to decide cases. The the goals rather than the alternatives.
course could clarify what is involved in
conducting a trial, jury deliberation, judi
cial instructions, various kinds of evidence,
Unemployment Policy:
and other matters. Jurors could be allowed
Minorities and the Elderly
to ask questions during the course. The
course could also have a test at the conclu
sion to determine whether each juror has a The conservative position is to follow
minimum level of understanding of what is the usual rule in layoffs that the last people
involved. hired should be the first people laid off
The ability to read and write or other ed or fired. This means no extra consider
ucational qualifications could improve the ation is given to minorities who may be
general accuracy of jurors. Such require disproportionately among those recently
ments, however, can be subject to abuse, hired (Table 3.6).
such as southern literacy tests for voting. The liberal position is to give some se
Even if the tests are objective, they could niority to recently hired minority people.
bias the composition of juries in favor of For example, each minority person hired
middle-class attitudes that favor the prose could be given a few years seniority on the
cution in criminal cases and the defendant grounds that minority people probably
in civil cases. Any measure designed to im should have been hired at least a few years
prove accuracy should not influence the di sooner than when they were actually hired.
rection or bias of jury outcomes. The neutral position might be to award
Jury accuracy can be improved by hav some automatic seniority, but maybe only
ing counsel on both sides. We now tend to one year rather than a few years. Another
guarantee counsel to indigent defendants neutral position might be to judge each
in criminal cases, but we do not adequately case individually in terms of the age of the
guarantee counsel to indigent litigants in employee and other relevant characteris
Win-Win Equity | 23
Goals
L2
C L1 (Ethnic and
(Business) (Labor Liberals) Gender Liberals)
Do something for
Merit hiring Senior minorities and
Alternatives and firing workers women
C (Business)
Ignore seniority, race, + – –
and gender
L1
a
Seniority only 0 + 0
L2
Preferential retention, – 0
+a
10-year seniority for
and women
(L2)
displaced (N)
tics in determining whether any additional for upgrading the skills of recently hired
seniority should be given. employees and other employees so they can
The SOS alternative might be to handle score higher on merit criteria.
layoffs only or mainly on the basis of merit Another modification might be to con
qualifications rather than seniority. Doing sider seniority among employees who are
so should appeal to the conservative em within the same merit range or to consider
phasis on merit. It would also allow some merit within a broadly defined seniority
recently hired minorities to have a better range. Thus, merit would determine who
chance at being retained than they would if gets laid off among all employees who have
only seniority were considered. The SOS less than 10 years seniority, 10 to 20 year
alternative might also include a program seniority, and so on.
24 | Win-Win Methods
25
26 | Win-Win Methods
Foreign: Retaliatory Increased free market More jobs and lower Use of tariffs to obtain
tariffs for piracy prices to consumers rights and to open
trade, with royalties to
inventors
Legal: No prison Increased taxes and Decreased rehabili- Decreased drug profits
dollars unless 85% preservation of state tation to reduce prison costs
of sentences fully rights
served
fects with regard to inflation, which seems down on sweatshops and providing alter
to be under control and better dealt with native jobs for the displaced labor and the
through economic growth than through displaced entrepreneurs. Sweatshop indus
raising interest rates. tries should be wiped out by lowering tex
tile tariffs and other relevant tariffs to en
able other countries that have cheaper
5. Allowing sweatshops in the United
labor and maybe even use more automa
States is contrary to good workplace condi
tion to service the American market.
tions, and they are contrary to business
profits, except in the short run. Even com
pared with other developed countries, the 6. The continuation of the war in Cam
cost of labor in the United States may be bodia by the Communists is an example of
higher than the cost of using machines, but a lose-lose war in which the Communists
short-sighted business people are unwilling seem to be greatly antagonizing the people,
to invest in machines because they must contrary to Maoist principles about win
spend money up-front. They are acting con ning over the peasants. Some of the irratio
trary to their own best interests and those nality is the responsibility of the United
of labor and the economy. Public policy is States for having supported the Khmer
partly responsible for this by not cracking Rouge in the 1980s when Vietnam was try
Lose-Lose and Win-Win Policies | 27
ing to bring peace to Cambodia. The gist, and performing certain abortions is a
United States supported the Communists legitimate part of that medical specialty.
because it disliked Vietnam even more, but
for reasons that had to do with being a bad 10. Another example that illustrates
loser and not because Vietnam was acting public policy that is more harmful than
more contrary to American interests. The helpful to the goals of both Democrats and
United States is now trading with Vietnam Republicans is the way immigration is be
but not with Cambodia, whose economy is ing handled. The Democrats push for more
largely in ruins, just slightly better than border guards, which is more a symbolic
that of Rwanda or Haiti’s economy during gesture than a measure that decreases im
the embargo. migration. A bizarre aspect of the increase
in guards is that the number of apprehen
7. Another lose-lose situation is the sions and the number of people being told
heavy emphasis on prisons as the answer to to walk back across the border have re
the crime problem. The crime rate has not cently increased greatly. This is taken as a
decreased even though the prison popula sign that the guards are doing a much
tion has tripled since approximately 1980. better job. In reality, it indicates that many
A lose-lose situation is one in which costs more people are getting past the guards be
increase and benefits decrease or remain cause virtually everyone who is sent back
constant. eventually gets through if they keep trying.
It is like the drug enforcement people argu
8. In the 1990s, Newt Gingrich took a ing that they are doing a good job because
stand against the National Aeronautics they confiscated $1 billion dollars worth of
and Space Administration (NASA), even drugs last year and only $1000 worth of
though it has significant potential to de drugs 20 years ago. If one recognizes that
velop space platforms that could be used they are only confiscating at most 50% of
for manufacture and mining and could the drugs (and maybe only 10%), then this
generate far more money than the future means that from $5 billion to $9 billion of
cost of NASA. The past cost is irrelevant to drugs have not been confiscated. One does
whether to proceed. It will be awhile before not judge how well crime is being con
space manufacturing, solar energy, and tained by how many arrests are being
moon mining will pay off. The Republican made. One judges it by how many people
opposition to NASA and the Democratic are being victimized. The police are not do
opposition to Department of Energy re ing a better job if they made 1 million ar
search both represent lose-lose shortsight rests last year and only 100,000 the year
edness, whereby we miss out on many po before.
tential benefits that would well exceed the
incremental costs.
WIN-WIN ITEMS
9. Rejecting a potential surgeon gen
eral because he has performed some abor We can easily think of 10 lose-lose situa
tions seems irrational when he has a good tions just on the basis of recent news. It is
track record on reducing teenage preg difficult to think of 10 win-win situations,
nancy through a combination of motiva however. Only 6 are listed here:
tion, abstinence, and birth control. It is ir
rational policy when one characteristic is 1. The line-item veto strengthen the
given so much importance, especially when president’s bargaining power because he
that characteristic involves doing nothing can threaten to veto certain items in return
illegal. The candidate is not a back-alley for favorable legislation, whereas before he
abortionist; he is an obstetrician-gynecolo had to veto whole bills, including clauses
28 | Win-Win Methods
that he favored. The line-item veto strength crack down on this in China? This could be
ens Congress because it enables the leader a win-solution in which the publishers and
ship to eliminate pork-barrel items after videotape makers receive large royalties
the leadership obtains the favorable votes and China profits by selling duplicate cop
of legislators who would otherwise not ies. The United States benefits from spread
vote favorably unless they get pork-barrel ing its culture. China benefits from what
items. The president could then veto those ever they learn from American books and
items, and the rest of the bill would pass. videotapes, although the videotapes might
From 1994 to 2000, the Democrats had an be more corrupting than enlightening. For
advantage because there was a Democratic now, the United States is demanding royal
president and a Republican Congress. The ties that are almost prohibitive, which is
Republicans have an advantage because the same as demanding an exclusive mo
the reverse situation may be more likely in nopoly. China has at least offered a win-
the future, as was true for many presi solution. Clinton and Gore proposed a
dential administrations since the end of win-solution with regard to revising the
World War II: Every Republican presi American patent system.
dent—Eisenhower, Nixon, Ford, Reagan,
and Bush—had some Democratic con 3. After Gingrich recommended wiping
gresses. This is likely to happen in the out NASA, there was a rendezvous be
future because a majority of the American tween Russian and U.S. spaceships. This
people still identify with the Democratic represented a breakthrough in building
Party, but Republicans can be elected presi commercially valuable space platforms
dent as individuals. According to public compared to some relatively useless mili
opinion, Eisenhower had a more attrac tary star wars weapons or a less useful tele
tive personality than Stevenson. Nixon scope. Both the United States and Russia
appeared more attractive in 1968 than could benefit from space platforms, and so
Humphrey and the disorganized Demo could the rest of the world.
crats. Also, Nixon was more attractive
than McGovern in 1972. Reagan was more 4. During the 1990s, the Russians with
attractive than Carter and Bush more drew from the 15 former republics, which
atttractive than Dukakis. See Table 4.2 for are now independent countries. Granting
win-win policies, including some of those independence to those nations is a win-win
mentioned here. solution. Russia saves a large amount of
money by not fighting to retain them as col
2. Another win-situation is that in onies. The people of these colonies feel
which China offered to pay royalties on better about themselves because they be
U.S. videotapes, books, and other products long to independent, sovereign nations.
but was not willing to recognize any mo England and France have not regretted
nopoly rights. This seems a very reasonable granting independence to their colonies
solution. They would be paying royalties from about 1945 to 1970. The last major
on all reproductions and government fac French colony to obtain its independence
tories. They do not have much control over was Vietnam, and the last major British
amateur reproductions, but neither does colony before Hong Kong was British Guy
the United States. There is much amateur ana. Before that, India and Pakistan gained
copying of books and reproducing of soft independence from Britain, and Algeria
ware that the U.S. government does not and Northern Africa gained independence
crack down on in the United States; there from France. Russia is about 25 years be
fore, why should China be expected to hind. It was very far behind Western Eu
Lose-Lose and Win-Win Policies | 29
Foreign: Russian Decreased taxes for Increased lives saved Geographical ethnic
withdrawal from defense as a result of peace secession and
former republics independence for
former colonies
a. As of 2000, the line-item veto issue is dead because the Supreme Court has declared the essence of the
idea to be contrary to the powers of the president and Congress.
31
32 | Win-Win Methods
Figure 5.1. A bar graph approach. Note that all variables are relative, which means that the graphs
accurately portray the concepts as long as (a) A > B > C > D; (b) E > F > G > H; (c) A, B, C, E, F, and G
are positive; and (d) D and H are negative.
2. The LBE and CBE are lower. than the ATV score. We could make a line
graph by connecting the tops of the bars in
3. The expected value of either a settlement
the conservative graph and those in the lib
or going to trial, striking, or going to
eral graph.
war is shown on the compromise bar.
Normally, settlement is best.
4. The worst bar is the bar that can be la TRADE-OFF OR
beled “trial, strike, war” or another ac INDIFFERENCE CURVES
tion designed to destroy the other side. All
these activities have in common the idea Another graphic perspective derives from
of attempted total victory (ATV). the economics of indifference curves, as
shown in Figure 5.2. We can place benefits
The zero mark need not be shown. We are on one axis and costs on the other. We then
concerned with the relative heights or the have indifference curves, which demon
rank orders of the bars. The ATV could strate the trade-off idea. We can better
produce a negative benefit minus cost place the benefits minus costs of the liber
score. Even the compromise could produce als on one side and the benefits minus costs
a score that is negative but less negative of the conservatives on the other side. Then
Graphic Approaches to Super-Optimizing | 33
Figure 5.2. Trade-off curves. Any point on the SOS curve, such as G, gives liberals more than their
LBE (D) on Curve D-E and simultaneously gives conservatives more than their CBE (E) on Curve D
E. This set of curves indicates why Bob Haveman said, “Go northeast, young man” in his article titled
“The Big Tradeoff: Fundamental Law on Red Herring,” S. Nagel, ed., Public Budgeting and Finan
cial Management (symposium issue) (1992).
we can draw another indifference curve, tion at which the liberals get something
which indicates when the liberals do well and the conservatives get something. It is
and the conservatives do poorly and also important to note the trade-off nature of
when the liberals do poorly and the conser movement along the curve. Whenever the
vatives do well. conservatives get more, the liberals get
Any point on the curve represents a less. Whenever the liberals get more, the
compromise, except the extreme points: conservatives get less.
4. Points H and I correspond to the ATV bar
1. At Point D, the liberals do the absolute for liberals and the ATV bar for conserva
best in that they score extremely high and tives in Figure 5.1, respectively. Both sides
the conservatives score zero. are likely to come out in the negative, al
2. At Point E, the conservatives do extremely though not necessarily equally so.
well, and the liberals wind up with noth 5. The SOS points are anywhere on the
ing. curve labeled G. We are thus moving to a
3. Point F is anywhere along the curve be different curve. As we do so, there is still a
tween D and E. It is the compromise posi trade-off on each curve, but it is irrelevant
34 | Win-Win Methods
because the SOS curve results in liberals loss, which is typically true. If an ATV situ
and conservatives both doing better. We ation is a war, both sides are likely to have
do not need multiple SOS curves to show more costs than benefits. Likewise, if there
this. It is sufficient to consider any curve is a strike, the workers lose wages, maybe
that is substantially above the original for months. Management loses profits for
curve. In a way, this is like adding a third months. Both sides thus take large losses
dimension or at least adding a second di that they may never make up. Also, in go
mension. The first curve allows only for ing to trial, the litigation costs may be so
movement along a single dimension, high that it does not make any difference
namely, a line or a curve. The second who is awarded the judgment. Both sides
curve allows for aboveness, which is an are likely to be losers when the costs are
important concept in SOSs. Note that if subtracted from the benefits. In some cases,
we move up to curve G, then it is possible one side might make a profit. These curves
to find a point at which both the liberals are not designed to cover every possible sit
and the conservatives will be better off uation but, rather, just the typical situa
than they were with regard to the previ tions.
ous compromise.
Figure 5.3. Pie charts. Figure 5.3B shows that a 41% increase in the pie will enable each side to get
more pie when they have only half (50%) of the new, expanded pie than when they had all (100%) of
the old pie. Figure 5.3C shows that fighting each other (rather than win-win cooperating) would
result in the winners of all the reduced pie getting less than what they would have had with half of the
original pie.
ple algebra problem. We want to know In the expanded pie situation, both the
what the new radius must be. We need a pie liberals and the conservatives receive more
that has a radius of more than 1.41 inches. than what they could get if they had each
We will then have a super-optimum pie be received the whole small pie. Of interest is
cause 2A = 6.28 = (3.14)(2). Thus, if r2 = 2, that one does not have to expand the pie
what does r equal? The answer is deter very much to create an SOS. At first, one
mined by taking the square root of 2, which might think that one has to have a major
is 1.41. expansion to be able to give each side more
People like pie charts because they can than they could get if they were previously
relate to the notion of expanded pie analy getting everything. One does not need such
sis. In China, however, they do not eat pies, a major expansion, however. All that is
so one must call it an expanded cake analy needed is a 1.41 increase in the radius. This
sis. For creating pie charts, it is not very dif is just as true if the original pie had a tril
ficult to use a compass to draw small and lion-inch radius. Increasing the trillion-
large pies. inch radius by 1.41 would give everybody
36 | Win-Win Methods
more than they previously had even if they sorting to war, strikes, and trials can be.
had the whole 3.14 trillion square inches. One may wind up with the whole pie after
The general principle is that no matter how the smoke clears, but the whole pie is half
large the original pie, if liberals get all of it or less of what used to exist. Even if one has
or if conservatives get all of it, then one the whole pie, one has less than what one
simply has to increase the radius of the pie used to have when one shared the whole pie
by 1.41. Then, the liberals who were for with the other side. For people who like
merly trying to get all of the pie will now graphs and pictures, these graphs and
get even more, and the conservatives who charts are indeed communicative, and they
were formerly trying to get all of the pie are complemented by the spreadsheet ma
will simultaneously get even more. This trices or tables associated with the SOS
can be proven with elementary school decision-aiding software.
arithmetic regarding areas of circles, even One could object that this analysis may
though at first it seems contrary to intuitive apply to the arithmetic or geometry of cir
thinking. cles but not to real public policy. In reality,
What does the ATV look like in the pie expanded pie analysis applies even more to
chart? Pie charts do not lend themselves to real public policy for the simple reason that
showing negative returns. If someone gets the area of a circle is controlled by two con
a negative allocation, there is no way of stants (pi and the exponent 2) and just one
showing this with a pie chart. We can variable (the radius r). The real world is
show negatives with bar graphs, trade-off likely to involve fewer constants or none,
curves, and SOS triangles as follows: although there may be more variables. Var
iables, however, are by definition easier to
1. Any bar that decreases below the 0 hori manipulate, possibly even by public policy.
zontal axis shows a negative return. The more relevant real-world pie is the
2. Any point in a system of indifference gross national product (GNP). The equa
curves that is to the left of 0 on the hori tion for GNP growth is simply GNP2 =
zontal axis or below 0 on the vertical axis GNP1(1 + r)n, where GNP2 is the GNP at
shows a negative return. Time 2 or any time after one or more public
policies have been adopted; GNP1 is the ini
3. Any point below the floor of the triangle tial GNP; r is the annual growth rate,
shows a negative return. which is subject to influence; and n is the
4. There seems to be no way of showing a number of years that must pass to obtain a
negative return with a pie chart, however. desired GNP2 with a given GNP1 at vari
The lowest one can get is 0, which in ous growth rates.
volves showing no sliver at all, as con Specifically, if the rate is slightly more
trasted to a negative sliver. than .06 or 6% per year, and the time peri
od is slightly more than 8 years, then the
Figure 5.3C indicates the ATV, which current U.S. GNP of approximately $6 tril
has two subparts (before and after). The af lion could double to $12 trillion. In terms
ter subpart refers to after a war, a strike, or of the arithmetic, this means that (1.06)8 is
going to trial. The total resources of the approximately 2. In terms of productivity,
liberal and conservative sides are reduced this translates into a growth rate half that
to about half, and each side takes a loss. of China, and China has little investment
They now have only a 1/2-inch radius pie capital available after feeding, clothing,
between them. Thus, even if the liberals and sheltering 1.3 billion people.
were the winners and wind up with the In terms of practicality, the equation
whole pie in the after period, they have less must also allow for just one two-term pres
than they had before when they had to idency plus a year or two of momentum.
share the pie. This dramatizes how bad re This is so because (1.06)9 or (1.06)10 = 2, or
Graphic Approaches to Super-Optimizing | 37
the doubling factor. The equation also re programs and new technologies for pro
quires reinvesting the growth to obtain the moting more growth as well as other
equivalent of interest on interest or com programs, such as those concerned with
pounded growth. health, housing, transportation, communi
Doubling the real GNP would provide cations, and defense. This is a real win-win
$6 trillion in the last year to pay off all the or SOS for more than satisfying both con
current $5 trillion national debt. It would servative and liberal budget categories.
leave $1 trillion for investment in training
Part 2
WIN-WIN
EXAMPLES
CHAPTER 6
Preventing Sexual
Harassment While
Preserving Academic Freedom
A Win-Win Analysis
Thomas R. Dye
Florida State University
41
42 | Win-Win Examples
policy into conflict with academic free havior of the alleged harasser but on how
dom—a result that will eventually “dimin one perceived that behavior.
ish the opprobrium that rightly attaches to 4. Charges of sexual harassment are some
sexual harassment.” times entertained long after the alleged of
In a statement of the NAS titled “Sexual fense, when the memories of the parties
Harassment and Academic Freedom” have faded, their motives have altered,
(www.nas.org), the following concerns are and evidence has been lost.
expressed:
5. Midlevel administrators with meager aca
demic experience but a strong commit
Sexual harassment is always contemptible. ment to fashionable causes are frequently
Because it also subverts education, it is par accorded a major role in drawing up ha
ticularly damaging in an academic setting. rassment regulations, interpreting them,
. . . Such behavior constitutes a serious viola counseling complainants, investigating
tion of an educator’s responsibilities and is charges, administering hearings, and de
morally wrong. It cannot be tolerated. termining guilt and penalties. Sometimes,
However, academic freedom and the one and the same person performs all
rights of individuals can be—and have these functions and also encourages stu
been—violated by misguided efforts to com dents and others to make harassment
bat sexual harassment. Too many institu charges. This leads to violations of aca
tions have adopted vague definitions of ha demic due process.
rassment that may all too easily be applied to
attitudes or even to a scholar’s professional 6. Investigation of alleged sexual harass
views. ment can provide a pretext for engaging
in the ideological persecution of persons
whose views are out of favor.2
Specifically,
The Supreme Court, however, was care campus, and in the community on sensitive
ful to note that “a mere utterance of an epi topics, including human sexuality, race and
thet that engenders offensive feelings” is gender differences, sexual roles, racial and
not sexual harassment. Sexual harassment gender history and politics, and related im
must be “conduct severe and pervasive portant and legitimate subjects. Teachings
enough” to convince a “reasonable per and research on such topics must not be
son“ that the environment is “objectively” constrained by the threat that the views
hostile and abusive. The Court has specifi expressed will be labeled “insensitive,”
cally rejected definitions of sexual harass “uncomfortable,” or “incorrect.” Faculty
ment that depend exclusively on the subjec must feel free to provide their best aca
tive feelings of the complainant. Moreover, demic and professional advice to students,
a reasonable person must objectively find collectively and individually, without fear
the environment hostile and abusive (Har that their comments will be officially la
ris v. Forklift System, 1993). Writing for beled as “offensive” or “unwelcome.” Stu
the opinion of the Court, Justice Sandra dents must feel free to express themselves
Day O’Conner held that sexual harassment on matters of race and gender, whether or
“can be determined only by looking at all not their ideas are biased, ill-formed, im
of the circumstances,” including “the fre mature, or crudely expressed.
quency of the discriminatory conduct; its It must be recognized that the creation
severity; whether it is physically threaten of a hostile, intimidating, or abusive aca
ing or humiliating, or a mere offensive ut demic environment—an environment that
terance.” interferes with a reasonable person’s ability
Although these Court guidelines were to learn—is also unprofessional and illegal.
developed for the workplace, they are use Universities, however, have a special re
ful in thinking about sexual harassment in sponsibility to define sexual harassment in
an academic setting. this context in a way that does not infringe
on academic freedom and that does not
constrain research or teaching.
PROTECTING The test for sexual harassment that cre
ACADEMIC FREEDOM ates a “hostile environment for learning”
must be (a) whether it is severe and perva
The faculty-student relationship is the cen sive enough to (b) convince a reasonable
terpiece of the academic function; if it is member of the academic community that
compromised or corrupted, the very pur (c) the environment is objectively hostile.
pose of the university is undermined. The “Severe and pervasive” means that the uni
explicit or implicit conditioning of grades, versity must examine the context—that is,
evaluations, recommendations, or aca the “totally of circumstances”—surround
demic standing on romantic attachment or ing the alleged harassing conduct; the uni
sexual submission is morally contemptible, versity must consider the frequency and the
professionally unethical, and legally inde severity of the conduct. A single offensive
fensible. Faculty members must exercise epithet, off-color remark, or ill-chosen ex
great care in their personal relationships ample does not constitute a hostile envi
with students enrolled in their classes, ronment. Moreover, the conduct must be
working as their graduate or undergradu such that reasonable members of the aca
ate assistants, or dependent on their evalu demic community—faculty and students—
ations and recommendations. must be convinced that it creates a hostile
It is vitally important, however, that sex environment. This definition must not rest
ual harassment prohibitions not infringe on the complainant alone or even an unrep
on the freedom of faculty and students to resentative, interested group of faculty
express themselves in the classroom, on the or students. Finally, the conduct must be
Preventing Sexual Harassment | 45
objectively defined; it cannot rest on any If, after investigation and consultation,
one’s subjective feelings of offense or dis university officials are convinced that
comfort. probable cause exists to believe that ha
Admittedly, these tests lack specificity, rassment occurred and a specific defendant
and they encompass speech (verbal con is identified, then they should promptly
duct) and action. They provide consider provide written notification of a hearing
ably more guidance, however, than the before disinterested members of the univer
published standards at most of Florida’s sity community. Such a hearing must not be
public universities. conducted by the same officials who coun
seled complainants, investigated the
charges, or called for the hearing. The hear
PROVIDING DUE PROCESS ing must be conducted with full adminis
trative due process; the burden of proving
Because of the potential clash between aca by weight of evidence that sexual harass
demic freedom and the prevention of sex ment occurred rests on the university; and
ual harassment, it is particularly important the defendant must have the right to have
that complaints be dealt with promptly and counsel present, to confront complainants,
fairly. That is, because the “hostile envi and to present testimony and evidence on
ronment” definition of sexual harassment his or her own behalf.
encompasses expression, we must ensure Disciplinary actions by the university
that due process be followed in the han should be in conformity with the recom
dling of complaints that focus on speech, mendations of hearing officers, who
writings, lectures, readings, or assign should consider not only whether the de
ments. Complaints must be brought within fendant engaged in harassing conduct but
a reasonable period of time following the also, if so, the severity and pervasiveness of
alleged harassing conduct. University offi the conduct and how much it affected the
cials charged with the investigation of com learning environment. Disciplinary actions
plaints must provide prompt written notice must be taken only against guilty defen
to alleged offenders, providing a full ac dants individually and not collectively
count of the conduct giving rise to the against academic departments or groups of
charges; permit them to inspect and copy faculty or students. Disciplinary actions
all documents relating to the charges; and must not include sanctions designed to co
provide them with a fair opportunity to erce thought or belief, humiliate individu
demonstrate that there is no probable als, or subject them to compulsive counsel
cause to believe that harassment occurred. ing or training programs.
In this preliminary investigation, uni
versity officials should undertake consul
tations with the complainants, the alleged PRESERVING ACADEMIC
offenders, and other relevant parties to de FREEDOM AND PREVENTING
termine whether there is reasonable cause SEXUAL HARASSMENT
to believe that harassment occurred or, al
ternatively, whether the charges stem from University communities should act now to
miscommunication or misunderstanding ensure that the prevention of sexual har
of the definition of sexual harassment. assment does not become the enemy of
They should also determine whether the academic freedom. Both values will be
charges can be resolved by agreement diminished or lost altogether if sexual har
among the parties. This investigative and assment prohibitions are allowed to in
consultative phase of the process should be fringe on free and open discussion, scholar
carried out with due regard for the dignity ship, and research on our campuses. The
of all individuals involved. potential for unnecessary conflict, and the
46 | Win-Win Examples
resulting diminution of both values, is 2. These six points are from a statement by
clearly evident in the published policy the National Association of Scholars, 575 Ew
statements of our universities. Now is the ing Street, Princeton, NJ 08540 (phone: 609
time to review definitions and procedures 683-7878).
3. The quotations in the following para
in sexual harassment prevention at all of
graphs are from published statements of univer
our universities to prevent such a conflict sities in the State University System of Florida.
from arising.4 Attribution to specific universities has been de
leted to avoid institutional embarrassment.
4. The preceding analysis emphasizes verbal
activities that allegedly create a sexually hostile
NOTES environment. An example is the questionable
hostile sexual environment charges against a fi
1. Much of the analysis that follows may nancial whistleblower at the University of Illi
also be applicable to the concept of ethnic ha nois Medical School. The analysis is not meant
rassment or to its alleged occurrence. Such an al to apply to the substance of charges of assault or
legation was made of a professor at the Univer rape, as allegedly occurred between a psychol
sity of Illinois for saying that some people ogy professor and a student at the University of
advocate equalizing law school admissions by Illinois. The analysis is also not meant to apply
asking questions about soul food. The Uni to the substance of the charges of intimidation
versity of Illinois is currently under a federal in or threats of job retention for sexual favors, as
junction prohibiting continued punitive action allegedly occurred at the University of Illinois in
in such circumstances. its fund-raising foundation.
CHAPTER 7
Two Super-Optimum
Solutions in a Cutback Mode
Robert Golembiewski
University of Georgia
EDITOR’S NOTE: This chapter is adapted from the Symposium on Super-Optimum Solutions in Public Contro
versies in Public Budgeting and Financial Management 4 (1992): 198-285. See the original article for footnotes
and references.
47
48 | Win-Win Examples
a theoretic base of general applicability decades ago. Just a bit more time would
that helps solve relatively targeted prob suit them just fine.
lems without creating other and less tracta A reluctant management agreed to delay
ble problems. the plant closing in real appreciation for
The purpose here is to expand on the past good works in trying circumstances.
super-optimum solution genre. Policy dis Management also realized a demonstra
putes are not at issue. The focus is on alter tion of reasonableness might defang possi
native patterns of interaction and their ble union resistance.
products, in contrast to Nagel’s basic em This strategy had some surprising ef
phasis on public policy. Two brief case fects. For example, management expected
studies constitute the vehicle for this illus a substantial attrition of personnel and a
tration of how one can usefully expand the leisurely end-of-game play by those re
sense of super-optimum solutions. Both maining. Both would exacerbate the sev
case studies deal with the management of eral and growing inefficiencies of Beta as a
cutback situations—adverse personnel ac work site for doing what a changing tech
tions required by obdurate economic con nology demanded. Management was sur
ditions. Typically, cutback results in no- prised, at times pleasantly: The delay was
win or lose-lose resolutions, and the pur put to good use for planning, which paid
pose of this chapter is to illustrate how an dividends, and management even had the
alternative model of interaction can help time to commission a study of the plant
avoid such somber outcomes. closing. Curiously to management, how
ever, only a few employees left. Even more
curious, the remaining employees began
Dour Dynamics of Common Cutbacks setting an almost continuous succession of
monthly production records.
Cutback management is very common These surprises to management imply
in all arenas, and hunkering down seems that they were using an unreliable model of
to be the general order of the day. Native the human effects of the plant closing, and
cunning encourages caution, closedness, events reinforced this conclusion. Despite
avoidance, and more than a little whistling constant and orchestrated announcements
in the dark. Few people can tolerate the ex to the contrary, researchers found that an
perience, let alone grow from it or relish it, increasing proportion of employees came
despite some brave talk about eliminating to believe that “management can’t close a
the dead wood or about becoming lean and going concern.” In fact, the proportion of
mean. Bluntly, cutback sets a proverbial ti such true believers actually peaked in the
ger loose in the streets, and neither theory last survey before the closing, during the
nor experience suffices to manage those month of the highest reduction ever. Em
often powerful forces. Even “adequate” ployees paid little attention to the schedule
solutions are rare. for closing, which was widely dissemi
Beta Plant illustrates the typical case of nated. Moreover, most workshop sessions
“resolution.” An old facility in the Rust for outplacement experiences had to be
Belt had seen its best days, and even the canceled because of insufficient atten
good ones. Management decided to close dance, despite the fact that they were held
the plant, relocate whatever personnel pos on “company time.”
sible, and deal with the others gently and as Hence, the closing came like a bolt out
generously as possible. Employees resisted, of the blue to many employees, and some
however, especially the substantial pro suffered strong reactions. Indeed, during
portion of them approaching retirement. the next year so many ex-employees be
Many current employees had worked at came unavailable—because of illness or
the plant since it opened more than two death or due to a sudden unwillingness to
Two Super-Optimum Solutions | 49
to the objective threat in some environ and they fail to solve problems without
ment, and trust refers to the degree of con creating other problems.
fidence one has in colleagues that things
5. Persons become dependent and overcau
will be OK.
tious, and they respond by “tattling” ac
Figure 7.1 presents another crucial piece
tivities, preoccupation with being “safe,”
of information. It shows various character
or “don’t rock the boat” attitudes.
istics that cause organizational meetings to
degenerate into nonresolution, and it 6. Organization norms restricting owning
shows opposite characteristics that cause and openness are reinforced or developed
such meetings to regenerate into successful by experiences.
resolution. These key characteristics are a 7. Tendencies toward fragmentation of or
high degree of openness, a high degree of ganization units are enhanced, particu
owning or controlling, a low degree of risk, larly when the basic organizing model
and a high degree of trust. uses functional or processual departmen
talization, which is usually the case.
Probable Consequences of
Degenerative Interaction An Unhappy and Unexpected
Learning Opportunity
The following are probable conse
quences of degenerative interaction: The regenerative system had an early
challenge—an unexpected and unwelcome
1. Communication and decision-making learning opportunity to test the strength
procedures become increasingly bur and reaction time of the organization.
dened. Progress toward the culture building was
2. Persons become less effective in isolating advanced but still ongoing when the price
and resolving substantive issues. of oil experienced a double whammy—
both Canadian policies and those of the
3. The amount of unfinished business in
oil-rich Arabian states depressed prices
creases sharply.
suddenly and sharply. The prime conse
4. Persons feel diminished interpersonal quence? An organization in a high-growth
competence and psychological failure, mode was “tasked” by corporate to cut
Two Super-Optimum Solutions | 51
payroll by 20%. This is slightly simplified be done in any way within certain time
because expenses also had to be cut. The constraints.
current description serves well enough, 3. A needs assessment: This entailed a dis
however. The general manager (GM) cussion of priorities, given the “task.”
stated directly, “We are on our way to
Camelot, and the world intrudes on our 4. General strategies: Six were evaluated
plans.” (across-the-board cut, etc.), but a partici
On the morning that the GM learned of pative strategy was the consensus choice.
the bad news, he also decided on a strategy, 5. Options available to individuals: These
in collaboration with his management included early retirement, educational
team and an OD consultant. “Decided” is leave, and so on.
too formal a description of the process,
however: The GM stated, “We kind of re In each activity, a brief input was fol
flexed into the decision.” After contacting lowed by discussion or evaluation in buzz
corporate officials to assess degrees of local groups with shifting memberships, and
wriggle room, this rationale and design then reports were made to the total as
came to dominate the team’s discussion: sembly, in which discussion continued
Well, we could go into the common mode—meet until repetition set in. Then the process
behind closed doors, try to keep the lid on moved on.
things, and draw up the master plan for the An “aha!” experience came early. The
fates of others. motto became “Let’s do it our way, in our
diverse ways.” A voice rang out: “All those
But what the hell? That gets us tied in knots, en interested in working 4 days a week meet
courages inevitable rumors, and risks losing over in the northwest corner.” Soon, 8 to
precisely those people we want most to keep. 10 gaggles were clustered here and there in
Above all, that’s out of sync with the culture the large auditorium—for early retirement,
we’ve been building. educational leave, a few persons consider
ing voluntary separations, and so on. The
So, let’s have a kind of organizational town
firm had its 20% savings basically before
meeting—bring everybody together, begin
the day was over.
ning tomorrow morning, first thing. We’ll lay
It did not all just occur, of course, as the
out what we know, and decide our common
five points demonstrate. The early work to
fate.
ward regenerative interaction fueled the ef
fort, which required unusual openness and
The “town meeting” began the next trust. Moreover, early on, a steering com
morning, with little encumbering struc mittee was established to coordinate the
ture. The GM led a series of guided discus several personnel actions to ensure that
sions that relied heavily on many small priorities could be met. In addition, a so
“buzz groups” to permit simultaneous ex phisticated human resources information
pressions of opinion, brainstorming, and system permitted quick turnaround on
so on concerning individual issues. Ap many details. Furthermore, some decisions
proximately the first 90 minutes of the were not made until the following week as
town meeting was spent performing the persons checked with a relevant other
following basic kinds of activities: about planning to have a child, as part-time
teaching opportunities at the local business
schools were canvassed, and so on. Finally,
1. Ventilation: This entailed a discussion of
some decisions applied for only 6 months,
how individuals felt about the “tasking.”
although most were applicable for 1 year.
2. Corporate boundaries: A payroll savings Therefore, the associated details and risk
of 20% had to be achieved, which could would remain until much time had passed.
52 | Win-Win Examples
Normal attrition was expected to pro haps most of all, the town meeting largely
vide sufficient flexibility for returning to avoided the several debilitations of a top-
the status quo ante after the contracted down effort: an intended secrecy, but often
periods. vitiated by rumors if not serious leaks; a
dribbling away of morale; people leaving
in disgust; possible posturing if not toady
Aspects of the ing for favored treatment; and so on.
Super-Optimum Solution Win-win was not universal, of course. In
a few cases, some employees were seen as
Although information from the organi “not doing what they could,” and active ef
zational town meeting was not gathered in forts were made to surface such issues as
real time, the many follow-up interviews they occurred. A consultant encouraged
and a master’s project provided substantial and facilitated such confrontations, with
confidence that the meeting generated ma many presumptions of the individuals
jor aspects of a super-optimum solution. upon entering the discussion—that indi
Four results illustrate the support for viduals would differ in what they “could
this conclusion. First, an unwelcome task do” and that consequently any tendencies
was accomplished with a preponderance of for a norm of “equal shares” should be re
win-win for both management and em sisted, but that in any case colleagues were
ployees. In both cases, the design sought to better off if suspicions of slacking were
empower with a direct motivation. As raised, even if all could not be settled. Sev
Slaby notes succinctly, “A feeling of power eral employees also played similar facili
lessness goes hand in hand with a sense of tative roles, operating on the same assump
unfairness.” tions.
Such empowering covered a substantial Third, and perhaps paramount, the
range, especially for employees for whom town meeting design both legitimated and
choices appeared in many forms. Some em drew strength from the culture of regenera
ployees had only limited choices, such as to tive interaction. The style was applied in a
decide whether or not to reduce their work difficult case, and its success was not only
week, usually with some costs either way. affirming but also heightened the probabil
Other employees took fuller advantage of ity of the persistence of a regenerative style.
the unfortunate opportunity to do things Reliance on regenerative interaction, and
that might ordinarily have been delayed or its persistence under adversity, perhaps
even forfeited, such as begin a degree pro best reflects a super-optimum solution in
gram, develop a business on a full- or part- this case. Degenerative interaction is more
time basis, or have a baby. In one case, an common in organizational cutback, in
employee with marginal performance ap which avoiding lawsuits may seem the
praisals was empowered to seek greater most desirable goal.
clarity of his chances to succeed in the orga Fourth, some may propose that this ap
nization. The result? The individual began proach “wasted time” and hence cannot be
a program to remedy certain deficiencies in adequate, let alone super-optimum, but I
skills and knowledge and negotiated a re do not believe this is true, even in the short
duction in work hours. term, when one contrasts the town meeting
Second, awkward consequences were with the typical cutback scenario. In the
avoided. Thus, management avoided play typical scenario, ideally after top-secret
ing God. This is energy depleting at best, discussions, those to be let go are informed
and at worst it is often viewed as arbitrary at time close to a normal time boundary,
and procrustean. Relatedly, no “survivor’s such as noon on a Friday or the afternoon
mentality” developed, avoiding variable before a holiday. People are given the after
but tricky potential for later mischief. Per noon to clear out their desks, with the ap
Two Super-Optimum Solutions | 53
parent expectation that the succeeding times, beginning in 1971 when a national
weekend or vacation provides sufficient marketing organization had to sharply re
emotional distance for both those remain duce its employment even as the national
ing and those being released. The more economy was booming. In addition, sev
likely short-term reality has very different eral teams of facilitators have applied the
features. Management’s decision making is design in the past few decades. Various pre-
likely to be extended and even tumultuous; versus posttest measures have also esti
rumors will overstate the dimensions of the mated effects, and the overall results have
cutback; and an exodus is likely, with the been positive in all applications. Finally,
most mobile people being the first to leave the demotion design was first used with or
and the departures having been known to ganizational members who had substantial
be so numerous or so strategic that an orga prior experience with OD values and ap
nization has to simultaneously conduct a proaches, but some subsequent applica
cutback and perform numerous personnel tions involved no prework. The effects
searches. have been similar.
Moreover, in the long term, the typical The demotion design has a generic OD
scenario does not promise benign effects. kinship with the town meeting discussed
For example, in the typical scenario, the at previously, but the two differ in many re
tempt to distance oneself and others from spects. The town meeting was held only
the immediate pain of the quick personnel once, with one facilitator. Moreover, only
shuffles very often will increase the long- postintervention data are available for the
term pain for all involved, including con town meeting, and these derive largely
cerns that later arise about the justice of it from interviews. In addition, the town
all. Absent the information on which the meeting design rested on substantial prior
original cutback was based, survivors may experience with OD values, whereas the
fear the other shoe will soon drop. Also, demotion design seems to profit from such
the fantasies underlying the typical cut experiences but has been applied success
back scenario probably will not mirror re fully without them.
ality in important particulars, as Sutton
and others have shown. For example, peo
ple’s productivity does not necessarily dete Elements of OD Design for Demotion
riorate sharply if they are given substantial
notice of an adverse personnel action, The initial demotion design was moti
which represents the quintessential fear vated by an unsuccessful effort to add to
that typically rationalizes sudden person the product line of a pharmaceutical firm,
nel separations. which resulted in a major cutback that was
long delayed by hopeful marketing execu
tives. Among other actions, the original de
CASE 2: DEMOTION EXPERIENCE cision envisioned releasing 13 district man
AS ARTICULATED DESIGN agers, all of whom had been satisfactory
performers often for 5 to 10 years. Man
This section describes another example of a agement found the decision unpalatable—
super-optimum solution via OD under cut both in humanistic terms and in a loss of
back conditions, and the word articulated valuable experience that could be tapped
has multiple denotations. Basically, unlike later if sales permitted—but executives saw
in the first case, the design is substantially no reasonable alternative. For example,
programmed and is more in line with mak demotion was viewed by them as both un
ing things happen than allowing things to usual and beset with insurmountable dif
happen. Moreover, this design of a super- ficulties for employer and employees.
optimum solution has been applied several Demoted managers would suffer loss of
54 | Win-Win Examples
income and important perks in “picking up demotees. Pairs discussed sales philoso
the bag” again, and the required changes in phies, reviewed territories, and so on.
attitude and behaviors were seen as beyond
the reach of the ex-managers and of man Effects were estimated via pre- and
agement. postmeasures on the Multiple Affect Ad
A team of OD intervenors, however, jective Checklist (MAACL) and by the
persisted in advocating a “demotion expe long-term performance of the demotees.
rience” for all willing ex-managers, and Four points summarize the results of
management relented. Most managers ac several applications of the demotion de
cepted the offer of demotion; only 2 of 13 sign. First, the MAACL measures three im
opted for a generous separation pack portant affects—hostility, anxiety, and
age. The willing ex-managers, along with aggression—and the demotions not only
two facilitators, met at a central location seem to have sharply increased the levels of
several days after the adverse personnel all three but also apparently maintained
action. those elevated levels during the interval be
The demotion design occurred during 2 tween the receipt of the news about the op
days. Essentially, it was rooted conceptu tion and arrival at the training site. How
ally in avoiding the following conditions: high is high? Norms from other popula
tions exposed to the MAACL imply that
1. Imaginings triggered by demotion + rela the population of demotees score “high”
tive aloneness + relative helplessness = but not “unusually high,” with the latter
increases in anxiety, hostility, and depres referring to decompensations implying the
sion, all associated with poor coping. need for clinical intervention. Specifically,
perhaps 10% of demotees’ scores attain the
2. Imaginings triggered by demotion + com top 2% of a standardization sample, with
munity + mastery = more effective coping, an additional 20% of the scores approach
as reflected in reductions in initial anxi ing that level. The demotees’ pretest scores
ety, hostility, and depression. average very much higher than those of
their new managers, with all differences
Details of the design are available else typically being statistically significant.
where, but the following dominant themes Second, the 2-day demotion experience
economically suggest its character: typically has a major impact on the three
MAACL measures for the demotees, al
1. Choice was emphasized throughout the most always in the expected direction. Spe
design so as to maximize involvement, cifically, as Table 7.1 shows for the original
commitment, and ownership. application, there were 33 total paired
comparisons of MAACL scores for indi
2. The first half of the design focused on
viduals—11 demotees on three MAACL
building and using a sense of community
scales. Twenty-six show reductions, and 3
among the demotees: They shared reac
indicate no change. One demotee did re
tions, feelings, hopes, and fears; they re
sent the “handholding,” however. Signifi
counted how they dealt with news of the
cantly, the participating managers seem to
demotions, as in telling spouses; and they
suffer no major adverse effects during the
practiced ways of talking about their de
intervention, at least on the MAACL mea
motion to relevant others—customers,
sures (Table 7.1).
peers, and so on.
The MAACL reductions tend to persist.
3. The second half of the design dealt with For the initial application, as Table 7.1
establishing relationships between de shows, no major regressions in MAACL
motees and their new supervisors, who in scores occurred throughout the long post-
some cases were chosen by individual test, which followed the short posttest by
Two Super-Optimum Solutions | 55
Demotees
Anxiety 9.8 7.5 6.5 * * *
Depression 17.8 14.8 13.6 * * *
Hostility 9.5 7.2 7.2 * * ns
Managers
Anxiety 6.3 5.3 4.6 * * *
Depression 9.8 9.5 9.5 ns ns ns
Hostility 5.1 5.3 5.7 ns ns ns
approximately 1 month. Not only were all tion design can improve this state of af
short posttest reductions maintained for fairs, although it cannot eliminate the sting
demotees, but anxiety and depression also of the personnel action felt by management
decreased significantly between the second and the demotees.
and third administrations of the MAACL. First, the demotion design increases the
Fourth, interviews with participants range of alternatives for both management
typically reveal no broader adverse effects and the demotees. Thus, management can
over time. Several (but not all) applications tangibly express its appreciation for a job
of the demotion design include a series of satisfactorily performed in the past, and
interviews—shortly after the experience valuable experience may be husbanded for
and extending for several years in one case. economic recovery. Moreover, the deci
In the initial application, one third of sions by ex-managers relevant to separa
the participants were repromoted during a tion and demotion give them real choices
3- or 4-year interval, and the population as not only about remaining or accepting gen
a whole in the interval experienced no erous separation settlements but also
work difficulties beyond normal company about possibly moving closer to relatives
experience. All the demotees continued or children and even choosing their new su
employment except for one, who died of pervisor.
causes unrelated to work. In a critical sense, choice is at the heart
of OD, and an enriched set of possibilities
increases the chances that real psychologi
Aspects of a Super-Optimum Solution cal ownership of decisions will result.
Hence, one can expect greater commit
The demotion design has numerous at ment to make a success of the adaptations
tractive features, and these qualify it as a required from all.
super-optimum solution in a situation that Second, not just any choices will do: A
is usually negative for all and dire for some. choice that involves a probable failure
Five perspectives suggest how the demo has little to recommend it. The increasing
56 | Win-Win Examples
amount of experience with the demotion moderate the stressful situations and their
design increases confidence that it pre aftermath. Stress effects can be mundane, if
sents reasonable, informed, and attainable troublesome, but these effects can also un
choices. For management and employees, leash dangerous assaults on our immuno
experience indicates that the demotion de logical systems.
sign can help in the numerous adjustments The demotion design, however, does not
that both must make in a workable demo ease all problems associated with adverse
tion. A key factor may be that all applica personnel actions. Thus, not all cutbacks
tions of the demotion design of which I permit demotion, although even close ob
have knowledge involve people who were servers will be surprised at its incidence in
satisfactory performers (or better) in the today’s human resources administration.
role from which they were demoted. Moreover, the initial application of the de
Third, the demotion design increases the motion design did attract some early unfa
mutual control by all participants in a diffi vorable attention, essentially on ethical
cult situation. Of course, major elements of grounds. The following was the major is
coercion remain for both major sets of ac sue: Who is the client? Clearly, the manage
tors, but their diminution seems a definite ment was the initiating client, and some ob
consequence of the design. This generaliza servers worried that this might leave the
tion applies least to the new supervisors of demotees unrepresented and thus poten
the demotees, several of whom reported tially disadvantaged.
that they agreed to participate with faint The issue and related ones are conse
heart. This may explain the significant de quential, and the reader can consult the lit
crease in anxiety over time for the manag erature regarding efforts to address them.
ers (Figure 7.1). By hypothesis, confirmed Consider the answer of our consulting
by interviews, the managers may have ex team to the question, Who is the client? We
perienced highly elevated anxiety when viewed our “client” in multiple and shift
they initially learned of the demotion expe ing terms, as moderated by our sense of an
rience, which the pretest measures. Evi effective organization. Consequently, top
dence such as that reviewed previously may management was our client. During the de
help managers in dealing with this up-front motion experience, however, the demotees
anxiety, ostensibly associated with facing became the focal client, and management
the demotees and perhaps triggered by a understood the privileged status of off-site
conviction that demotions tend to be diffi discussions.
cult or impossible for all.
Fourth, the design seems to have posi
tive implications for the survivors of a cut DISCUSSION
back. Significantly, as interviews generally
confirm, the demotion design seems to be The two candidates for super-optimum so
viewed by many as a significant sign of a lution do double duty. They illustrate a
general organizational resolve to be people technology cum values, usually called OD,
oriented, and this implies enhanced com and they support the usefulness of Nagel’s
mitment by all and removes a potential seminal metaphor. Three points add useful
block to performance. detail supporting these broad conclusions.
Fifth, the apparent palliative effects of First, the two micro case studies rest on
the demotion design constitute a major rea a broadly applicable approach to super-
son for proposing super-optimum status. optimum solutions via inducing aspects of
Of course, the MAACL scores suggest the regenerative interaction between people
stressful character of the adverse personnel and groups. This augments Nagel’s origi
action. What we know about their conse nal list of “procedures,” including gen
quences motivates substantial efforts to erating new or novel policy alternatives,
Two Super-Optimum Solutions | 57
proposing new goals, and bringing in a intervenors, in several settings, and at vari
third party. The OD approach often in ous times. These two senses of reproduci
volves a third party—a change agent or bility add to the appeal of super-optimum
intervenor—but adds to Nagel’s list a focus solutions, which can in part rest on founda
on useful interpersonal and intergroup tions in addition to flashes of insight about,
processes and interaction that can enrich for example, new or novel policies.
and enliven exchanges between people. Third, the two case studies serve to high
This focus on models of interaction is at light the challenge inherent in the concept
once narrow and ubiquitous in applica of super-optimum solutions. Their basic
tion. Thus, regenerative interaction might definition—as referring to situations from
well facilitate policy development. For ex which participants “come out ahead of
ample, I have heard (but do not know for their initial best expectations”—consti
certain) that the Camp David accords tutes a dynamic target. For example, ef
rested on the conscious effort to induce re forts to build regenerative systems are no
generative interaction by a skilled facilita longer rare, but neither are they usual. This
tor. Also, Nagel rightly highlights Camp situation may well change. Certainly, the
David as illustrating a super-optimum so trend line of reliance on OD has been
lution. sharply higher during the past two de
Second, the two cases also add a useful cades. In summary, today’s super-optimum
sense of reproducibility of approaches to solution can become tomorrow’s initial
super-optimum solutions. Both cases in best expectation or even a commonplace
volve the induction of aspects of regenera expectation. Therefore, the continual
tive interaction via techniques that typi search for super-optimum solutions will be
cally “work.” Moreover, the demotion motivated by its own successes.
design has been replicated by different
CHAPTER 8
University to Industry Transfer
Dianne Rahm
Iowa State University
Veronica Hansen
University of South Florida
59
60 | Win-Win Examples
maintained rights to any invention result lowing open-ended survey question: “Not
ing from research paid for with taxpayer all researcher-firm interactions are ‘suc
dollars. Because federal grants comprise cessful.’ From your point of view, what
the bulk of research money at the top U.S. constitutes a ‘successful’ interaction with a
institutions, this change in public policy firm?”
has had a large impact. The text responses to this open-ended
Although revenues generated from pat question were content analyzed in the fol
ents and licenses are still a relatively small lowing manner. First, a random sample of
portion of total university research ex responses for the question was drawn.
penditure (approximately 1.5%), their Each individual response from this sample
contribution to the university budget is was carefully read to identify systematic
of increasing importance. In 1992, the categories or typical responses. A list of
nation’s top research universities earned a categories was thus developed. Using these
total of $172 million from royalties and categories as a general guideline (adding or
licenses. This amount was 30% higher deleting categories as seemed appropriate),
than that in the prior year. Because of these the rest of the responses were read and fre
rapid increases in royalty income, most quencies for categories were coded. Inter-
research universities encourage the pur coder reliability for research assistants par
suit of patents and dedicate scarce re ticipating in the coding of the open-ended
sources to technology transfer and licens question was maintained at 90% to ensure
ing activities. accuracy of translation from text to sys
From the university perspective, there tematic categories of responses.
are three actors that should be viewed sepa The responses of the industry-linked
rately: technology transfer administrative researchers to the question of what con
personnel, PhD-level researchers with no stitutes a successful interaction with a
industrial experience (university-bound re firm were compiled into 12 independent
searchers), and PhD-level researchers who (although perhaps related) categories. As
have interacted with businesses in an effort Table 8.1 shows, industry-linked research
to transfer knowledge, know-how, or a ers tend to define successful technology
technology (industry-linked researchers). transfer primarily in terms of its benefit to
The authors’ sample data contain ques the firm, the researcher, or both. Benefits to
tionnaire responses from 121 technology either the university or society clearly play
transfer administrators, 254 university- a smaller role to industry-linked research
bound researchers, and 759 industry- ers, at least in terms of defining a successful
linked researchers. This discussion ex interaction.
plores how the viewpoints of these actors
differ regarding the definition of “success
ful” technology transfer interactions with COSTS AND BENEFITS
firms, perceptions of the costs and benefits
associated with transfer activities, and the What are the costs and benefits to the uni
factors that may inhibit or promote univer versity of engaging in technology transfer
sity linkages to firms. interactions? Administrators were asked to
describe from their vantage point the effect
of industry linkages, and these responses
SUCCESS were content analyzed. Table 8.2 details
the results of this analysis.
What constitutes successful technology As Table 8.2 shows, revenue enhance
transfer from a university to a firm? To ex ment in one form or another seems to be
amine this issue, industry-linked research noted by many administrators as a primary
ers were asked to respond freely to the fol benefit of interaction with firms, although
University to Industry Transfer | 61
% of Industry-Linked Researchers
Responding by Category
Category (N = 726)
% of Administrators
Responding by Category
Category (N = 95)
Benefits
Money for research 68
Employment and support for students 39
“Real-world” experiences and training for students 39
Potential licensing revenue and extra income for faculty 37
Benefits to society from economic position of the nation 23
Advance the progress on research problems and programs 14
Good public relations for the university 12
Access to industrial equipment 6
Enhance applied research 3
Costs
Distortion of academic principles and the university’s mission 34
Creation of conflicts of interest 23
Time consumption 21
Administrative and legal costs 19
Intellectual property disputes 14
Threat to basic research 10
Firm support is extremely short-lived 7
Lack of control over work 3
Need for increased accountability measures 3
% of Administrators
Responding by Category
Category (N = 93)
Inhibiting
Different organizational cultures 36
Conflict of interest 34
Focus on basic research 24
Intellectual property dispute 23
Ambiguous university policies 14
Time consumption 11
Publication disputes 10
Lack of incentives 8
Lack of knowledge of technology process 7
Promoting
University and faculty need for research funding 30
Development of commercial application for profit through royalty 12
Frequent contact between university and firm personnel 11
University service mission (to industry and to government) 9
Experienced scientists with prior good experience with firms 8
Provides “real-world” experience with students 5
taking advantage of shared personnel, transfer. This chapter has examined how
equipment, and facilities. Finally, univer actors within the university answer three
sity transfers of knowledge, know-how, key questions: What constitutes successful
and technology to industry enlarge the technology transfer? What are the costs
R&D resource base of the entire nation. and benefits? What are the most important
Given the possibility of revenue en factors that inhibit or promote technology
hancement since the passage of the Bayh- transfer?
Dole Act, technology transfer activities are The researchers responding to the sur
of increasing concern to research universi vey results presented here do not generally
ties. Universities can perform better in this define technology transfer in the typical
arena if their knowledge of the technology linear approach presented in the literature.
transfer process is improved. One way to University researchers tend to view success
improve this understanding is to examine far more in the wider terms of researcher-
how university technology transfer admin firm mutual benefit than in the narrow
istrators and researchers conceptualize and terms of merely passing a device to a firm.
evaluate certain aspects of technology There is little social perspective, however,
64 | Win-Win Examples
in the researchers’ construct for benefit to other self-interest than the advancement of
society. Innovation, diffusion, and adop science.
tion are not considered. What clearly emerges from the analysis
University administrators view the ben of the question of promoting factors is that
efits of technology transfer activities in direct economic pressures serve to drive
financial terms, whereas the costs are de both administrators and researchers to
fined in terms of the stresses placed on the undertake technology transfer efforts. On
university. Particularly highlighted are the the other hand, the major obstacle to
stresses associated with the movement to a university-firm technology transfer is the
commercial model and its impact on the differing organizational cultures of the uni
traditional university mission of basic re versities and businesses.
search performed by a researcher with no
CHAPTER 9
Profit Sharing and Job Anxiety
Daniel Mitchell
University of California at Los Angeles
65
66 | Win-Win Examples
be optimum, period after period. Thus, if The historical literature suggests that
one believes that the uncertainties that ap the use of particular pay systems (including
peared in the marketplace in the 1980s profit sharing) has varied over time. It sug
were (or are) transitory, one would predict gests that there is a strong element of his
that interest in flexibility—including the torical accident and management fad in
kind of pay flexibility represented by profit plan usage in any particular period. That
sharing—will diminish. I argue that such a is, pure efficiency considerations play only
return to stability is unlikely and, thus, that a part in determining how pay systems
profit sharing in particular will have spe evolve. Government policy, however, in the
cial value in the future. form of either tax incentives or mandates,
Profit sharing is a desirable way to con can strongly affect employer compensation
tract in the labor market; it allows some policy.
product market risk to be absorbed by la Generally, historical review of the litera
bor in the form of variable pay in exchange ture regarding profit sharing indicates
for more job security. When such variable three motivations for installation of such
pay is not part of the contract, the result is plans. First, profit sharing is viewed as a
likely to be socially undesirable labor mar possible method of alleviating labor-
ket outcomes. These outcomes may be ex management tensions in the larger society
cessively high unemployment rates (as in or in particular firms. A left-of-center
some European countries) or an exces interpretation might be that profit sharing
sively insecure employment relationship is a social advance because it diverts in
(as in the United States). Regardless of the come that might otherwise go to profit re
level of overall unemployment, those who cipients to workers. A right-of-center view
have the misfortune of becoming unem might be that by making workers into
ployed suffer long durations of job search minicapitalists, profit sharing will induce
due to employer reluctance to hire. Al an appreciation of markets and capitalism.
though profit sharing is a desirable way to These various arguments for profit sharing
structure the employment contract, it needs can be characterized as ideological.
public encouragement. Firms will not adopt A second argument for profit sharing is
sufficient profit sharing on their own, due that it will function as a motivational de
in part to the fact that the macrolevel bene vice for workers. It is recognized that be
fits of profit sharing are external to the cause profit sharing is a group plan, there is
firm. There is now a considerable literature a danger of individual shirking and free
reviewing research evidence on the impact riding. Steps can be taken to encourage
of profit sharing. In general, this literature group monitoring, however. Although
finds a positive impact of profit sharing on other forms of motivational tools can be
productivity or profitability or both. The used (notably, piece rates), such arrange
conclusion is not unanimous, however, and ments may create problems of quantity
it is sensitive to model specification; in par over quality and of labor-management fric
ticular, simultaneous specifications do not tions and restrictions of output when work
always support a causal link from profit standards must be reset. The motivational
sharing to some firm performance mea arguments for profit sharing can be charac
sure. There is also evidence that profit terized as the incentive approach.
sharing has an employment-stabilizing ef Finally, the third argument for profit
fect in the face of varying demand. Profit- sharing is that it will reduce unemploy
sharing research is part of a wider range of ment. Weitzman’s “share economy” pro
studies dealing with other forms of alterna posal is in this category. The idea that
tive compensation, ranging from piece profit sharing creates wage flexibility that
rates to employee stock ownership, and might encourage employment, however,
their impact on firm performance. can be found much earlier and was cer
Profit Sharing and Job Anxiety | 67
tainly present during the Great Depression in this argument, however. The kinds of
of the 1930s. This argument for profit employment guarantees that are viewed as
sharing can be characterized as macroeco the culprits for unemployment in the flexi
nomic. bility literature are basically a form of “in
surance” for risk-averse workers. Just as
with other forms of insurance and benefits
COMPARING COUNTRIES that employers often provide, employment
insurance has a cost. It will not add to total
Although the academic literature has not labor costs on a one-for-one basis, how
had much effect on actual public policy in ever.
the United States, the British experience How much it adds depends on how
has been different. In the late 1980s, Brit much of the cost is absorbed by labor. In
ain adopted tax incentives for profit shar principle, all the cost could be absorbed by
ing (and certain other kinds of share plans), labor, leaving no added cost to the em
partly in response to Weitzman and partly ployer. There is a considerable literature
in response to the right-of-center ideologi dealing with the absorption by labor of
cal approach. Even earlier, the French had payroll taxes and benefit costs that is often
required forms of profit sharing for right ignored in calls for more employer flexibil
of-center ideological reasons and later with ity as a remedy for unemployment. There is
some macroeconomic motivation as well. an important difference, however, between
The fact that the profit-sharing approach the cost of a payroll tax or a benefit such as
can be attractive across the political spec a pension and the cost of an employment
trum internationally suggests that it is one guarantee. The difference lies in the degree
of those rare “win-win” targets for public to which the eventual expense can be pre
policy. The challenge is to bring that spirit dicted. Taxes and pensions have predict
to the United States. able costs, but in an unstable economy the
Here, I argue that incentives for the in cost of job security to the employer may be
stallation of profit sharing are desirable, both significant and difficult to anticipate.
regardless of the motivation of the politi As with other options, the cost will in
cians who propose them. There is an unfor crease with the variability of the underly
tunate notion, however, that installation of ing asset (in this case, the value of the
profit sharing is just a hidden way of cut worker to the firm). In addition, employers
ting wages. Such a notion may be persua may behave as insurance companies some
sive to those in authority who believe that times do when faced with risks that are dif
current problems of unemployment are ficult to appraise: They will try to avoid
due to too high real wages and that profit writing policies rather than attempting to
sharing will undo these wages by hidden price them. For employers, this means ces
means. It will hardly serve to make the idea sation of employment contracts that pro
of profit sharing popular among wage vide job security, reductions in hiring into
earners, however. My argument is differ positions that have security guarantees, or
ent: Profit sharing is a better way to allo both.
cate risk than current labor market institu The United States has comparatively lit
tions frequently allow. tle regulation of employer freedom to lay
American employers have more legal off workers, especially in response to eco
freedom to lay off or terminate unwanted nomic fluctuations in the product market.
workers than do those in many other in Thus, shifts in American labor market
dustrialized countries. Thus, the lesson has structure are likely to reflect changing
been drawn that by relaxing legal restric market forces rather than shifts in public
tions, other countries could lower their un policy. Changes observed in U.S. labor
employment rates. There is a missing link markets during the 1990s suggest that
68 | Win-Win Examples
American employers have begun to exhibit meet uncertain demand, an optimum con
the kind of reluctance to hire that earlier tract is likely to reflect all these preferences.
characterized their counterparts in other It is likely to have a fixed-wage element and
countries, despite increasing reports of la a variable-pay element in which the latter
bor shortages. In turn, these findings sug adjusts to changing demand levels. To
gest that greater uncertainty in the market some extent, the fixed-wage element and
place is being anticipated. the variable-pay element should be substi
tutes (even if not perfect substitutes). Pay
received from the variable element adds to
JOB ANXIETY worker income, as does the fixed wage. In
addition, if the employer is providing some
The duration of unemployment is at high degree of job security, that, too, represents
levels, given low unemployment. Although a cost to the employer and a benefit to the
there is no continuous measurement of the worker.
flow into the unemployment pool, the Because such a system has a labor-
number of weekly new claims for unem demand stabilizing potential, it also has the
ployment insurance serves as a proxy. Such potential to reduce the amplitude of the
claims are currently at very low levels. To business cycle and the accompanying waste
gether, the claims data and the duration of economic resources. Such a potential
data suggest a labor market in which rela represents an externality not captured at
tively few individuals are becoming unem the microlevel. That is, profit-sharing con
ployed, but those who do become unem tracts will tend to be underused if pure
ployed have a difficult time finding new market forces are relied on to induce their
jobs. That is, employers are hanging on to implementation. Moreover, there may be
existing employees and showing surpris institutional lethargy in departing from an
ingly little interest in acquiring new ones. existing pattern of employment contracts
The unemployment rate is the product of and pay systems.
those entering unemployment and their du Where there are union contracts, there is
ration in the unemployment pool. Thus, it available to workers an agent to monitor
is quite possible for these two influences to the variable payment and to ensure that
produce both a low rate and a high dura any adjustments in that component actu
tion of unemployment. ally follow true product demand varia
Thus, in the United States, as in other tions. In addition, the terms of the bar-
countries, employers seem to be reluctant gain—how much job security is to be
to hire and to commit to maintaining the provided in return for how much risk ab
employment relationship. An important sorption by labor—can be specified in an
question, therefore, is whether current la explicit contract. As noted earlier, how
bor market trends are producing employ ever, American experience suggests that al
ment contracts that meet employee de though union attitudes have shifted with
mands for security and employer demands regard to profit sharing relative to the pre
for flexibility. In my view, the answer is 1980 period, there is still only limited use
“no.” Neither labor markets characterized of such arrangements in the union sector.
by high levels of unemployment (as have Nonunion employees have a disadvan
appeared outside the United States) nor the tage under profit-sharing arrangements in
erosion of the employment relationship (as not having an agent that can monitor prof
has appeared in the United States) seems its and negotiate explicit trade-offs be
optimum. Profit sharing, however, can as tween risk sharing and job security. This
sist in structuring a better form of contract. problem is even greater in the case of lump-
If workers value both wages and job se sum bonuses that do not have a formal tie
curity and employers need flexibility to to profitability. There is no information on
Profit Sharing and Job Anxiety | 69
how widespread bonuses of the lump-sum Clearly, absorption of the bonus in the
variety are in nonunion settings in the base wage is important if dramatic moves
United States. Nonunion employees have toward a profit-sharing economy are to
long received bonuses for individual pro take place. To encourage absorption, pub
ductivity. Nonproduction bonuses, how lic policy should aim at promoting plans in
ever, do not account for a large fraction of which the bonus is viewed by workers to be
pay (although they do so more than in the highly substitutable for the base wage.
union sector). Plans that put the bonus into a deferred re
Regardless of sector—union or non tirement fund are less likely to promote ab
union—profit sharing cannot reach the sorption (given the absence of perfect capi
magnitude of bonus needed for employ tal markets) than those that pay cash
ment stabilization and risk sharing if it is bonuses. Thus, tax incentives should be
simply added on to the levels of labor com given to cash plans that are at least as gen
pensation that would prevail absent a erous as those given to deferred plans.
share arrangement. The numbers simply National tax policies that only give tax
will not add up. For example, in the United preferences to profit sharing if it operates
States, corporate profits before tax amount as a pension do not promote absorption.
to approximately one tenth of labor com American tax policies are of this variety.
pensation in a reasonably good year. Thus, The same is true of systems based on man
if all profit income were given to labor in a dates; mandated deferred profit sharing
profit-sharing scheme, the bonus payment does not promote absorption. Indeed, the
would be only approximately 10%. French experience has been that mandating
An “add-on” plan that gave, for exam deferred profit sharing leads employers to
ple, 20% of profits to workers (presumably discontinue cash profit sharing to finance
in the hopes of increasing productivity) the compulsory plan.
would therefore provide a bonus payment
of approximately 2% of total compensa
tion in a typical American corporation. On CONCLUSIONS
the other hand, suppose the (fixed) base
wage were reduced by 10% in exchange for In summary, interest in profit sharing
a scheme that over the cycle provided an among employers and policymakers since
offsetting 10% bonus. Under such an ar the 1980s is part of a general search for
rangement, workers would receive the flexibility. Economic analysis of the type
same average level of pay over the business associated with the Weitzman proposal
cycle in wage plus bonus that they received suggests that profit sharing as a form of
before in wages alone. Total pay, however, flexible pay would have desirable macro
would be more variable due to the bonus economic properties. These macro consid
component. Prebonus profits would dou erations, however, are not reflected in pri
ble over the cycle, but workers would have vate pay setting practices that are based
a profit-sharing plan that gave them 50% solely on microincentives. There is a win-
of profits (and 50% of the variability of win element in the profit-sharing proposal:
profits). Both employers and workers would benefit
At such magnitudes, employment- from a more stable economy. Thus, a role
stabilizing effects would be available. for public policy in fostering profit sharing
Surely, with a reduction in profit variability is desirable, and I advocate such an ap
of one half, stabilizing employment would proach.
be facilitated. In addition, there might be Perceived increases in risk in product
Weitzman-style employment-expansion ef markets will translate into higher unem
fects because of the lower base wage and ployment if linked to an employment guar
marginal cost of hiring. antee based on mandate or practice and if
70 | Win-Win Examples
the cost of job insurance is not borne by la ment that cannot be reduced by demand
bor. There is a need for more efficient em measures without causing inflation. In con
ployment contracts that balance employer trast, the United States has achieved low
and employee needs in the face of increased unemployment but with a kind of employ
risk in the product market. Such arrange ment flexibility that has downgraded the
ments, however, seem to be slow in coming quality of the employment relationship. As
when left entirely to private determination, in Europe, it has produced unusually long
again suggesting a win-win aspect of the periods of unemployment for those un
profit-sharing proposal. An efficient con lucky enough to be jobless. On both conti
tract would surely have a profit-sharing el nents, it is time to move beyond vague calls
ement, even if that element were simply a for pay for performance and flexibility and
bonus implicitly linked to profits. Al move toward more concrete encourage
though there has been a move in this direc ment of profit sharing as a major element in
tion, the magnitude has been small. compensation. There is no reason why the
Some European countries seem to be United States cannot take the lead.
stuck with permanently high unemploy
CHAPTER 10
Another Win-Win
Occurrence
71
72 | Win-Win Examples
PUBLIC
POLICY STUDIES
CHAPTER 11
Policy Evaluation Questions
75
76 | Public Policy Studies
2. How can low-cost housing be provided 3. How can we stop the killing of unborn
to the poor without the undesirable ef babies and simultaneously stop the kill
fects of eliminating housing profits, rais ing of pregnant mothers through back-
ing taxes, and congesting poor people alley abortions?
together? 4. How can we provide for adequate ele
3. How can the time consumption of com mentary and secondary education with
muter transportation be decreased while out an unreasonable tax burden and
still allowing freedom to drive to work? forced busing?
4. How can energy be provided that is si 5. How can we preserve the social security
multaneously safe, clean, and inexpen system without the tax burden becom
sive? ing unbearable?
5. How can health care be provided that is 6. How can there be merit downsizing in
high on quality, accessible to all, and low higher education while preserving the
on cost to taxpayers and consumers? academic freedom that goes with ten
ure?
6. How can new technologies be encour
aged without providing monopolistic 7. What is the proper role of government in
abuses to investors? providing participatory and spectator
leisure-time activities regarding arts,
7. How can solid waste collection and re
sports, gambling, and adult education?
cycling be provided with regard to the
roles of private enterprise and govern 8. How long should the workweek be, be
ment activity? yond which employers must pay time
and-a-half overtime?
8. How far should toxic waste cleanup be
carried, and how should the costs be al 9. How can we reduce teenage pregnancy
located? in terms of abstinence, birth control,
and other means?
9. How can housing for the homeless be
provided in terms of construction, re 10. What should the rules be on divorce,
training, substance abuse, emergency child adoption, child support, and mar
shelters, and mental outlook? riage eligibility?
making it easy to arrest and convict the sus Policy X2, which yields B2 benefits
guilty? at P2 probability, then how does one de
3. How can we enable injured persons to cide between the two policies, taking
get compensation without such liability into consideration that some policy-
becoming excessive? makers are more risk averse than others?
4. How can we have separation of church 2. If one is faced with Policy X1, which
and state and simultaneously allow for a yields B1 benefits at C1 costs, versus
school system that is rich in widely ac Policy X2, which yields B2 benefits at
ceptable religious content? C2 costs, then how does one decide be
tween the two policies if B1/C1 is greater
5. How can we provide attorneys for the
than B2/C2, but B1 – C1 is less than B2 –
poor in criminal and civil cases without
C2?
excessive taxpayer expense and political
opposition? 3. If one is faced with Policy X1, which
6. How can we deter or decrease wrongdo yields B1 benefits at C1 costs, versus
ing through effective punishments and Policy X2, which yields B2 benefits at
doing-right facilitators without being C2 costs, then how does one decide be
overly severe, lenient, inaccurate, or ir tween the two policies if information on
relevant? any one of the four variables is missing?
Any two? Any three? All four?
7. How can we hold more arrested people
in jail to keep them from committing 4. If one is faced with Policy X1, which
crimes after they are released and to yields B1 benefits at C1 costs, versus
keep them from not showing up for their Policy X2, which yields B2 benefits at
trials while simultaneously hold less ar C2 costs, then how does one decide be
rested people in jail so as to reduce jail tween the two policies if any one or
costs, lost productivity, and bitterness? more of benefits or costs do not occur
for T years?
8. How can we get the cost-saving benefits
of bribing or threatening defendants to 5. If one is faced with Policy X1, with B1
plead guilty while simultaneously avoid benefits at C1 costs, versus Policy X2,
ing the overly lenient sentencing of those with B2 benefits at C2 costs, then how
defendants who have strong bargaining does one decide between the two poli
power and the overly severe sentences of cies if one or more of the benefits or
those who have weak bargaining power? costs are nonmonetary and not easily
monetized?
9. How can we provide for greater delay
reduction in the courts without exces 6. How does one determine the benefits
sive costs or denial of due process? and costs of a policy?
10. How can we provide free speech even 7. How does one determine what the pol
when dealing with abhorrent communi icy alternatives are or could be?
cations that advocate violence, rape, 8. Who makes the decision on how to re
and other criminal behavior but do not solve questions 1 through 7 and those
represent a clear and present danger of that follow?
causing that behavior?
9. What factors explain variances in why
some policies are subsequently adopted
POLICY ANALYSIS METHODS or implemented and others are rejected
or fail in different times and places?
1. If one is faced with Policy X1, which 10. How can one arrange experimentally
yields B1 benefits at P1 probability, ver or observe naturally an experimental
Policy Evaluation Questions | 79
group and a control group for determin ceive a minimum allocation and (b) the
ing the effects of policies, especially in sum of the minimums is more than the
light of reciprocal causation, spurious total budget?
causation, and other confounding oc 16. How can public policy (a) increase the
currences? benefits of doing right, (b) decrease the
11. What value is there in policy evaluation costs of doing right, (c) decrease the ben
to have broad normative schemes, such efits of doing wrong, (d) increase the
as democracy, autocracy, capitalism, costs of doing wrong, and (e) increase
socialism, libertarianism, communitar the probabilities of those benefits and
ianism, utilitarianism, or religious sys costs occurring?
tems? 17. How can policymakers decide on appro
12. How can one systematically deal with priate allocations of authority to (a) the
policy problems for which doing too public and private sectors; (b) the levels
much or too little is undesirable? and branches of government; and (c) the
13. How can one systematically deal with government vis-à-vis the political par
policy problems for which scarce re ties, interests groups, and the electorate?
sources need to be allocated to persons, 18. How can universities (including Illinois)
places, or things rather than the easier structure their curriculums and activi
problem of choosing or ranking discrete ties so that they can make more of a con
policies? tribution to resolving or ameliorating
14. When conservatives advocate X1 to substantive and methodological policy
achieve Y1 and liberals advocate X2 to problems?
achieve Y2, how can one develop an X3 19. How does and should policymaking
that will achieve more Y1 than can X1 deal with constraints that are economic,
and simultaneously achieve more Y2 political, administrative, psychological,
than can X2? Such an X3 is referred to legal, and technological?
as a win-win solution.
15. How can one deal with conflicting con
straints such as (a) each entity must re
CHAPTER 12
Integrating Institutions
and Implementation Into
Policy Decisions
Derick W. Brinkerhoff
Abt Associates
EDITOR’S NOTE: This chapter is reproduced with permission from Derick Brinkerhoff, “Integrating Institutions
and Implementation Into Policy Decisions,” Policy Evaluation, 4, no. 1 (1998): 24-28.
81
82 | Public Policy Studies
vice provision, but rather they are to man shrinking the public sector wage bill, and
age indirectly through providing a con strengthening markets. Within the frame
ducive regulatory framework for private work of the broader macroeconomic pack
transactions while strategically intervening ages, sectoral adjustment packages sought
to produce certain key goods and services. to extend structural reforms to deal with
Making and pursuing policies in this new specific sectoral issues.
environment call for distinctive types of First-generation policy analysis, in its
policy-analytic thinking and tools to help pure form, relies heavily on macro
decision makers cope effectively. economic modeling that seeks “first-best”
Policy analysis in support of promoting equilibria to maximize socioeconomic wel
economic growth and reducing poverty in fare for the greatest number of citizens un
developing countries has become an in der free market conditions. Analytic meth
creasingly sophisticated field of endeavor ods, such as the general equilibrium
since the 1950s, when the industrialized modeling techniques that emerged in the
nations began assistance to the newly inde 1970s and 1980s, have fine-tuned these
pendent states of Asia and Africa, as well as models to their present-day level of so
to Latin America. Approaches to “speak phistication. Sectoral applications employ
ing truth to power,” as Wildavsky charac sector-specific input-output matrices to as
terizes policy analysis, have moved sess policy options; for example, pricing
through a series of shifts in thinking that and marketing of agricultural commodi
can be loosely framed in evolutionary ties. At the program and project level, first-
terms. The seeds of earlier policy analysis generation techniques introduced cost-
techniques have been fertilized by innova benefit and rate-of-return methodologies
tion and the lessons of experience, thereby to arrive at a decision-making calculus to
leading to the emergence of new genera rank order national investment priorities
tions of approaches and tools. To oversim and/or select among alternative invest
plify somewhat, three generations of policy ments.
analysis approaches can be discerned. Experience with first-generation policy
prescriptions revealed to economists, do
nor agencies whose programs incorporated
NEOCLASSICAL ECONOMICS those prescriptions, and developing coun
try decision makers that technically “cor
The first generation consists of the con rect” policies often were not adopted or
cepts and techniques of neoclassical eco implemented. In fact, many countries pur
nomics. Economic precepts undergirded sued development strategies that were irra
the early advice given to third world gov tional from the perspective of these policy
ernments on how to achieve the “take-off” analysis models. The gap between prescrip
to growth and development that would tion and real-world application led to a
lead to increased prosperity. Later, first- critical reexamination of the assumptions
generation policy prescriptions informed underlying policymaking based on neo
the economic stabilization and structural classical economics. Scholars and prac
adjustment programs that were initiated in titioners initially focused on the role and
many countries during the 1980s. Stabili capacity of the state as the missing variable
zation reforms focused on staunching fis set, neoclassical approaches having as
cal deficits, reducing balance of payments, sumed that (a) governments are interested
and bringing down inflation rates. Struc in maximizing welfare for all citizens
tural adjustment followed by realigning ex (the “benevolent” state), and (b) govern
change rates, modifying trade regimes, re ments have sufficient administrative ca
ducing subsidies, changing tax policies, pacity to implement policy choices effec
Integrating Institutions Into Policy Decisions | 83
tively. Calling these assumptions into phasize how incentive patterns are a func
question opened the door for the inclusion tion of underlying political objectives and
of politics and institutions as categories of interest group interactions, thus explaining
inquiry in policy analysis and design and why governments often appear bent on
led to the next generation of analytic ap pursuing economically irrational policies.
proaches. The state, political economists hold, is cap
tured by interlocking circles of economic
and political elites. From the perspective of
POLITICS AND INSTITUTIONS small farmers or local businesses, for ex
ample, the average developing country gov
The second generation of policy analysis ernment, far from being benevolent, rep
approaches pays explicit attention to polit resents a “predator,” resource-extractive
ical and institutional considerations in de state whose policies add significantly to the
vising policy prescriptions to get countries costs of doing business. Among the contri
on a path to more sustainable socioeco butions of political economy to an exami
nomic development. Among the streams of nation of transaction costs are analyses of
investigation that form the theoretical ba these incentive structures in terms of the
sis for the second generation are the “new opportunities for rent-seeking or monopo
institutional economics,” the “new politi listic profits that they create, and how re
cal economy,” and the “new institution gimes use those opportunities to maintain
alism.” In the words of Oliver Williamson, support from their constituencies. Follow
“the new institutional economics is preoc ing this analytic tack, second-generation
cupied with the origins, incidence, and approaches target issues such as informa
ramifications of transaction costs.” Trans tion and transparency, civil service reform,
action costs emerge as a function of the in market reform, privatization, decentraliza
stitutions through which economic ex tion, corruption, and so on.
changes are mediated, with markets and The new element in the “new political
hierarchies forming the two ends of an in economy” refers to a recognition that de
stitutional continuum. By ordering dif veloping country governments are neither
fering patterns of transaction costs, these wholly predatory nor totally devoted to
institutions, which encompass a broad self-aggrandizement at the expense of pur
range of rules that constrain behaviors suing policies that yield some set of wider
(e.g., market regulations, organizational benefits to citizens. This modified analytic
procedures, property rights, and cultural framework recognizes the “perspective of
norms), influence various actors’ incen public choice theorists (all predatory, no
tives to enter into economic transactions or productive activities) and the conventional
not. Thus economic efficiency is, if not in welfare economics perspective (all produc
stitutionally determined, at least institu tive, no predatory activities) as two special
tionally influenced to an important degree. cases.” Reality lies somewhere in between,
Efforts directed toward the reduction of which leaves the door open for sincere in
transaction costs by moving toward the terest in pursuing beneficial policy goals
market end of the continuum constitute a and altruistic behavior. As Lewis (1989)
significant portion of the policy prescrip states, there are “instances of government
tions advanced in the economic stabiliza decision and action that appear to have
tion and adjustment packages currently be been driven neither by class nor by self-
ing pursued in many developing countries. seeking but by the actors’ notions of the
Political economy analyses place the im public interest (p. 69).” This modification
pacts of political variables at the center of is important for policy analysis tools be
explanations of policy outcomes. They em cause it allows for the possibility that deci
84 | Public Policy Studies
sion makers might be interested in using have and one that operates effectively at
the results of policy analysis to achieve es multiple levels in what Ostrom and oth
poused policy goals. It places a premium on ers refer to as “polycentric institutional
understanding the institutions involved in arrangements.”
a particular policy situation and the incen
tives they create.
The “new institutionalism” emerges POLICY DIALOGUE AND
from the confluence of the new institu REFORM EXPERIENCE
tional economics, the new political econ
omy, and other social science disciplines. The third generation of policy analysis ap
This broad stream combines a variety of proaches responds to the lessons learned
perspectives: organizational studies, pub from the policy dialogue and reform expe
lic administration, anthropology, political rience of the last decade. The policy pre
science, and the progressively expanding scriptions and targets remain in large part
scope of economics within the new institu the same, but how they are arrived at and
tional economics paradigm. Among their implemented has changed, as well as ideas
contributions is an increased understand about who should take the lead on design
ing of the factors that are critical to match and implementation. Building on the pre
ing institutional arrangements with policy vious two generations, third-generation
choices and service delivery modes in vari techniques reframe policy analysis and de
ous sectors to deal effectively with the in sign as a process, rather than simply a
stitutional problems those policy regimes product. This shift means that policies are
pose (e.g., free-riding, corruption, infor not treated as machines amenable to de
mation asymmetries, uncertainty of out tailed specification at the formulation
comes, and so on). stage according to precise technical crite
Within this multidisciplinary stream is a ria. Rather, they are seen as dynamic com
focus on the institutional capacity ques binations of purposes, rules, actions, re
tion. Institutional analysis approaches sources, incentives, and behaviors leading
have undergone their own evolution within to outcomes that can only imperfectly be
the larger category of development policy predicted or controlled. Third-generation
analysis, and since the discovery of the policy analysis recognizes the complex in
“implementation gap” in the mid-to-late teractions among policy statutes, target
1970s, they have occupied an increasingly populations, implementors, and socio
center-stage position in policy analysis and political environments. It also recognizes
formulation. As a result, most policy re that the process perspective on policies and
form and program packages include an in programs makes the separation of design
stitutional development component that and implementation less distinct.
seeks to build institutional capacity of one Third-generation approaches use the
sort or another: for example, in policy concepts and methods of the previous gen
analysis, management and implementa erations in addressing the technical content
tion, monitoring and evaluation, or non of economic and sectoral policies at the for
governmental organizations. The emphasis mulation stage in selecting among alterna
on institutional capacity for policy reform tive policy options. These concepts are also
reflects the realization that while liberaliz helpful in monitoring and evaluating pol
ing the economy may call for a smaller, less icy outcomes and impacts. The process per
interventionist state, the tasks of effectively spective, however, calls for an additional
fulfilling governmental functions in sup set of tools that incorporates social and in
port of a market economy require a stron stitutional factors more centrally into tech
ger state than most developing countries nical policy alternatives. Further, it sug
Integrating Institutions Into Policy Decisions | 85
gests that policy analysis is more useful simply in the donor agency financing the
to policymakers in helping to guide policy package. The implications for policy analy
development as it unfolds, rather than in sis concepts and methods are
choosing among competing policies prior
to selection and implementation. Weiss
1. a need for better understanding of the in
(1989) identifies four ways that analysis
ner workings of institutional variables in
can offer such guidance during the policy
the policy process,
process: (a) support for the appropriate
ness of a preexisting policy direction, (b) 2. an analytic focus that integrates imple
warning that a problem exists, (c) propos mentation more effectively into the policy
ing of alternative solutions, and (d) enlight cycle,
enment through new analytic constructs or
3. an emphasis on helping policymakers and
approaches. Although she is writing about
their designates to monitor and manage
the United States, her taxonomy fits other
the implementation process more strate
countries’ policy situations as well. As
gically.
Horowitz (1989) argues, the policy process
in developing countries reflects a pattern of
characteristic features that in many cases
are quite similar to those in the U.S. policy REFERENCES
cycle.
Thus, instead of identifying “first-best”
ideal solutions a priori, the process per Horowitz, D. L. (1989). “Is There a Third
spective highlights the importance of World Policy Process?” Policy Sciences 22
iteratively developing “second- or third- (2): 197-212.
best” answers that stakeholders can agree Lewis, J. P. (1989). “Government and National
on over the life of the policy. It also empha Economic Development.” Daedulus 118(1):
sizes that the key players who need to mas 69-83.
ter policy analysis and management tech Weiss, C. H. (1989). “Congressional Commit
niques, and learn from experience, reside tees as Users of Analysis.” Journal of Policy
in the country pursuing the reforms, not Analysis and Management 8(3): 411-431.
CHAPTER 13
Public and Private Sectors for
Administering Public Functions
EDITOR’S NOTE: This chapter is adapted from material in “Coordinating Public and Private Sectors” in Stuart
Nagel, Higher Goals for America: Doing Better Than the Best (Lanham, MD: University Press of America, 1989). It
also contains material from Stuart Nagel, Combining Capitalism, Socialism, and Democracy (Huntington, NY:
Nova Science, 2001). It is Volume 2 in the Handbook of Win-Win Economics (Huntington, NY: Nova Science,
2001). It has been translated into Russian under the coauthorship of Vladimir Rukavishnikov and Stuart Nagel,
Combining Capitalism, Socialism, and Democracy: Public Policy in Russia and the USA (Moscow: Letni Said,
1999).
87
88 | Public Policy Studies
private controversies in terms of individual that houses of ill repute should not be pro
situations but with the use of general vided either by the government or by the
evaluative criteria. private sector. This does not mean that peo
ple are in favor of police crackdowns on
nonobtrusive, one-on-one prostitution.
WHAT IS A PUBLIC FUNCTION? The issue regarding houses of ill repute in
the United States is not whether such
Before discussing who should administer houses should be government institutions
public functions, it seems appropriate to or private businesses but whether they
discuss what a public function is. A public should be provided to people at all. The an
function is an activity that a majority or swer is generally no, except in Nevada and
substantial number of the people in a soci possibly a few other places. On this matter,
ety agree needs to be provided on a collec it is up to each individual to make his or her
tive basis rather than on an individual ba own arrangements to buy, sell, or other
sis. An example is having an army to wise obtain sex without expecting society
defend the society from attack. This can be to provide either government or private-
contrasted to having each individual citi enterprise brothels. At one time, private-
zen own nuclear weapons so that he or she enterprise brothels were quite popular,
can be the equivalent of a one-person army. but they have disappeared at least partly
That would be intolerable in terms of the because of such technological develop
danger that citizens would present to each ments as the telephone (which has facili
other. Having an army can also be con tated the call girl business) and the automo
trasted to requiring each individual to own bile (which has facilitated the streetwalker
a rifle and to be available on call to defend business).
the nation from nuclear attack or against a Between the national army (which is
conventional army. This would be a useless largely accepted) and the house of ill repute
defense force today, although it worked in (which is largely rejected), there are many
1775 at Lexington and Concord. activities that people believe a properly
Just because an activity such as having functioning society should provide. There
an army is determined to be a public or so may be disagreement, however, as to
cietal function does not mean that it has to whether they should be provided by gov
be administered by the government. There ernment or by a private enterprise. An ex
is no inherent reason why General Motors ample is airline service. All civilian pas
or Westinghouse could not be given a con senger airlines in the United States are
tract to hire an army and procure weapons privately owned. Virtually all passenger
to defend the United States. We do not re airlines elsewhere in the world are govern
sort to privatization with regard to having ment owned. It is possible to have a govern
an army because it is probably not cost- ment-owned airline that is managed by a
benefit effective. The cost would be far private managing company, although there
higher than what we could pay draftees or does not seem to be such an airline in exist
even semipatriotic volunteers. The benefits ence. Other examples of societal activities
of successful combat would also be less be that are sometimes government owned and
cause mercenaries are less likely to sacrifice sometimes privately owned include electric
their lives than soldiers imbued with saving power companies, telephone companies,
their country. and steel mills but seldom garden plots,
Having a national army may be the most small retail operations, or services such as
widely accepted public function. At the op barbering.
posite extreme might be an activity such as An interesting new phenomenon is the
having houses of ill repute. Most people, at government-owned facility that is pri
least in American society, seem to believe vately managed. This is the case with some
Public and Private Sectors | 89
prisons in the United States. The govern From these examples, we should be able to
ment owns the prison, but it gives a con derive some general principles or criteria
tract to a private company to hire manage for deciding who should administer public
ment personnel and guards to administer functions.
the prison. It is also the case that some pub
lic housing projects are owned by the gov
ernment but managed by a private real es Example of Good Public and
tate management company. The opposite Bad Private Administration
situation can also occur, in which a pri
vately owned facility is operated by the Legal services for the poor are an exam
government. An example is a privately ple in which public administration has
owned apartment building that the govern been reasonably effective, efficient, and eq
ment rents and manages for use as a public uitable in comparison to private adminis
housing project. Likewise, there can also tration. In this context, public legal ser
be a situation in which a building that con vices refer to the Legal Services Program
sists of nothing but government offices and of the Office of Economic Opportunity
government administrators is owned and (OEO), which was established in 1965 and
leased by a private landlord. followed by the Legal Services Corporation
Thus, we can classify activities in terms (LSC) in 1976. Private legal services for the
of whether people consider them essential poor refer to the charitable legal aid pro
to properly functioning society or either grams that existed prior to 1965 and cur
nonessential or detrimental. We can then rently operate to a lesser extent, along with
classify the ones that are considered essen proposed government reimbursement pro
tial public functions into those that are or grams such as Medicare and Medicaid.
should be provided by the government and Quantity of cases processed and quan
those that are or should be provided by pri tity won are measures of effectiveness in
vate enterprise. We can further subclassify this area. Prior to 1965, legal aid programs
the government-provided functions into in midsized cities such as Champaign-
those in which government employees do Urbana handled only a small quantity of
the providing and those in which the gov cases compared to the large quantity subse
ernment hires a private entity to do the pro quently handled by the Legal Services Pro
viding. We can likewise subclassify the gram. In 1964 and 1965, the Champaign
private-enterprise activities into those that County Legal Aid Program handled 50 and
have no government involvement at all and 49 cases, respectively. In 1966, the Cham
those in which there is government involve paign County Legal Services Program han
ment in the form of subsidies, liability dled approximately 100 cases every month
rules, regulation, or a combination of all and successfully closed them through ad
three forms of government involvement. vice, negotiation, or sometimes litigation.
The reasons for the increased effectiveness
included (a) maintaining a regular location
WHO SHOULD ADMINISTER rather than the use of volunteers scattered
PUBLIC FUNCTIONS? throughout the city; (b) publicizing the
availability of legal services; (c) establish
To answer the question of who should ad ing trust with poor people, including mili
minister public functions, it is helpful to tant poor people; (d) specializing and ac
describe some examples in which public quiring expertise in poverty law problems;
administration is generally recognized as and (e) having some federal funds available
being more successful and some examples for facilities, equipment, and salaries. One
in which it is generally recognized as being should also note that the cases handled by
less successful than private administration. full-time salaried Legal Services lawyers
90 | Public Policy Studies
tend to be more important precedents than terms of objective poverty guidelines and
the more routine cases handled by tradi procedural due process whereby those who
tional legal aid or Judicare systems. believe that they have been wrongly denied
Regarding efficiency, meaning cost sav legal services can have a meaningful proce
ing, one would think that legal aid volun dure to voice their complaints and obtain a
teers would be more efficient. They do save hearing. The salaried Legal Services Pro
the taxpayer money, but they do not neces gram also serves as a liberal symbol of con
sarily save society money. An example of cern for the legal rights of the poor and as a
their wastefulness is that they had lawyers conservative symbol designed to promote
go to the county courthouse every Saturday respect for the legal system.
morning to wait for poor people to show There are those who object to legal ser
up with legal problems. Many mornings vices for the poor on the grounds that it dis
were spent with virtually no clients, given rupts landlords and merchants, takes cases
the low visibility and acceptability of the away from other lawyers, or supports radi
program among poor people. The Legal cal causes. In the 20 years of federal legal
Services Program, on the other hand, has services, however, there have been no scan
been able to employ competent attorneys dals regarding padded bills or services
at low wages partly by drawing on their charged that were not provided. This is in
idealism, although there is a high turnover sharp contrast to the Medicare and Medi
rate. Contracting legal services out under a caid system of private medical services for
Judicare system analogous to Medicare is the poor, which has had numerous scandals
far more expensive. Judicare has been re involving doctors, nursing homes, pharma
jected for both civil and criminal cases in cists, dentists, and other health-care pro
favor of less expensive public defenders viders. This is one reason why the Reagan
and LSC attorneys who operate on rela administration advocated a volunteer pro
tively low salaries rather than relatively gram to provide legal services to the poor
high case-by-case fees. rather than a Judicare program with gov
Regarding equity, the traditional legal ernment reimbursement to private sector
aid programs were not very evenly geo lawyers.
graphically distributed. They tended to ex
ist only in large cities and only in down
town areas. They were not as available to Example of Good Private and
the rural poor or even to the urban poor Bad Public Administration
who did not go to the downtown area. The
OEO and the LSC have prided themselves Housing for the poor is an example in
on their neighborhood law offices that which the private sector has been reason
reach out to poor neighborhoods and also ably effective, efficient, and equitable in
on their rural legal services. The LSC can be comparison to public administration. In
found in white Appalachia, Indian reserva this context, public housing means govern
tions, black ghettos, Hispanic barrios, the ment-owned and -operated housing pro
rural south, and the rural north. jects for the poor. Private housing means
In addition to performing better on cri rent subsidies to the private sector to en
teria of effectiveness, efficiency, and equity, able the private sector to provide housing
the government-provided program of legal for low-income tenants.
services for the poor also performs better Regarding effectiveness, public housing
on political criteria, including public par has been a failure compared to rent supple
ticipation by members of the poor com ment programs. There has been little in
munity, members of the bar, and public of crease in the quantity of public housing in
ficials. This also includes predictability the United States since approximately
regarding qualification requirements in 1970. In fact, there have been some dra
Public and Private Sectors | 91
matic decreases, such as the destruction of housing projects have traditionally been
the Pruitt-Igoe Homes in St. Louis. They managed. This is in contrast to the greater
were considered bankrupt in the sense of dignity associated with rent supplements.
consistently costing more to maintain than The rent supplement program also serves
the monetary or nonmonetary benefits as a liberal symbol of doing something im
could justify. On the other hand, the pri portant for the poor while being a conser
vate sector is willing to make available al vative symbol of the meaningfulness of pri
most unlimited housing to the poor as long vate sector property.
as poor people with rent supplements can It is relevant to note that although rent
pay the rent. supplements are an example of good pri
Regarding efficiency, public housing vate administration of a societal function,
projects have been extremely expensive per this is not the case with the mortgage sup
dwelling unit. They were originally de plement program of the early 1970s. This
signed to save money by being high-rises, program involved the federal government
which decrease land costs, enable every in making funds available for poor people
floor to also be a ceiling, and allow for to buy homes through private real estate
many common walls. The lack of more in agents rather than through Department of
dividualized dwelling units, however, re Housing and Urban Development (HUD)
sulted in a lack of sense of ownership or employees or other public administrators.
even possession, which led to vandalism The privately administered program be
and the failure to report it. Rent supple came a scandal, worse than used-car fraud
ments, on the other hand, save money in or the Medicare and Medicaid frauds. Real
such ways as (a) avoiding the initial build estate agents failed to inform low-income
ing cost by using existing housing stock; buyers of the maintenance costs of bad
(b) encouraging better care of property, heating, plumbing, and electrical systems.
thereby lowering maintenance costs that Trying to meet these costs frequently inter
might otherwise require higher rent supple fered with the ability to pay even the low
ments; and (c) increasing self-pride and mortgage payments. As a result, fore
ambition, which lower the costs of welfare closures were frequent, analogous to used-
and crime. car repossessions but with the federal gov
Regarding equity, public housing has re ernment making good on whatever was
sulted in discrimination against poor owed. The greed factor became so great
whites and segregation of poor blacks. that it was not enough to collect two or
Whites have in effect been discriminated three times on the same house through
against as a result of public housing pro foreclosures. Assessors were bribed to in
jects being located disproportionately in flate the value of the houses to further in
black neighborhoods in which the projects crease what was collected. The program
have frequently become all black. Rent was soon abandoned, even though it began
supplements, on the other hand, are as with strong liberal and conservative sup
available to poor whites as they are to poor port and might have succeeded if it had
blacks. Also important is the fact that rent been administered by salaried government
supplements can easily lead to racial and employees rather than by private real estate
class integration, whereas large housing agents operating on commissions.
projects are not easily absorbed into white
or middle-class neighborhoods.
Public housing also performs poorly Criteria for Who Should
with regard to the political values of public Administer Public Functions
participation, predictable rules, and proce
dural due process in view of the authoritar In view of these examples, the most ob
ian and arbitrary manner in which public vious criteria for administration of public
92 | Public Policy Studies
functions relate to the three E’s, the three important criterion is probably effective
P’s, and political feasibility, which is closely ness, followed by efficiency, equity, and the
related to liberal and conservative sym three P’s. Political feasibility is more a con
bols. These criteria are as follows: straint than a criterion. Without it, a pro
gram cannot be adopted or continue, re
Effectiveness relates to how well public ver gardless of how well it scores on the other
sus private administration achieves the criteria.
basic public function (e.g., providing legal A key point is that there is nothing in
services for the poor or housing for the herent in a publicly or privately adminis
poor). tered program that makes it likely to be
more or less effective or efficient. One has
Efficiency relates to keeping the cost per unit
to analyze each public function separately.
low. It is normally less expensive to pay
Legal services programs for the poor oper
salaried government employees than inde
ate better in government hands, but hous
pendent contractors who charge on a per
ing programs for the poor operate better
item basis. Substantial cost can be saved,
largely in the private sector. Note, however,
however, by relying on existing private
that in both cases government money is
sector facilities.
needed to make the programs successful
Equity normally favors government adminis because the low-income beneficiaries or
tration because it is usually not profitable charities cannot afford to sufficiently sup
for the private sector to be concerned with port either program. The main reason that
equitable distribution of services and legal services programs operate better in
products rather than distribution in terms government hands is because there are not
of where money can be made. Special cir enough volunteer attorneys to do the work
cumstances, however, may make a mar needed, and paying for individual cases is
ketplace solution more equitable across too expensive. The main reason that rental
race and class, as in the case of housing for housing programs operate better in private
the poor. hands is because there is plenty of private
Public participation, if it is an important housing available, and the rent supple
goal, is more likely to be provided by gov ments are actually less expensive than
ernment agencies than by private firms. providing comparable housing through
Predictable rules and procedural due process government-owned and -operated projects.
are also more likely to be provided by gov
ernment agencies that have constitutional
obligations to do so than by the private ALTERNATIVE FORMS OF
sector. PUBLIC INVOLVEMENT
Political feasibility from liberal and con
servative perspectives is important. If a There are five major forms of public in
program is liked by both liberals and con volvement in the administration of public
servatives, it is likely to be a success. The functions:
Legal Services Program is liked by both
liberal and conservative lawyers, al Total noninvolvement is not a form of in
though not necessarily for the same rea volvement, but it is important to include it
sons. Public housing projects are disliked in the list of possibilities. It largely means
by both liberals and conservatives, al leaving the provision of the public func
though again not necessarily for the same tion up to the private marketplace, with
reasons. no government subsidies, liability rules,
or regulation.
This list of criteria is arranged approxi Government subsidies or contracting out are
mately in order of importance. The most ways of getting the marketplace to do
Public and Private Sectors | 93
Regulation is important in the air travel of the federal air pollution legislation of the
industry for licensing pilots and mechanics 1970s. The existence of the offer has al
and for inspecting planes. Airline regula ready served to stimulate manufacturers
tion illustrates two contrasting forms of and inventors to experiment more than
regulation, both of which label certain they otherwise would. A feasible electric
types of behavior as being undesirable, car has still not been developed because it
such as overworking workers. One form requires a storage battery that is currently
considers the behavior to be so undesirable too large for an ordinary car. The alterna
as to flatly prohibit it. This is the case with tives to driving with a long extension cord
pilots flying more than a certain number of or frequently stopping to recharge a bat
hours, which could jeopardize the safety of tery are not feasible.
the passengers. The second form considers An example of litigation as a regulatory
the behavior to be undesirable, but instead device in the automobile industry is the
of prohibition, the behavior is allowed to lawsuit against the Ford Pinto or the Chevy
occur but at an increased cost. This is the Chevette. The Pinto was discontinued due
case with overworking people at the ticket to lawsuits from people severely injured as
counter, who are required to be paid time a result of a gas tank that too easily ex
and a half for overtime but are not prohib ploded. The Chevette was also discontin
ited from working more than 40 hours a ued as a result of lawsuits that successfully
week. established that it could roll over too easily
Government ownership manifests itself compared to what one would expect from
in the air travel industry in the form of gov a normal car.
ernments owning all the airports through Regulation in the automobile industry is
out the country that handle major airlines illustrated by standards for decreasing pol
and large jets. The main reason seems to be lution exhaust. Without federal regula
that airport safety is too important and un tions, there would be little incentive for
profitable an activity to be left to the pri automobile manufacturers to institute pol
vate sector. lution devices or for auto users to buy
them. Regulation is also widespread with
regard to speed limits, stop signs, stop
Automobiles lights, and numerous rules of the road that
make driving probably the most regulated
Doing nothing or having a laissez-faire of all activities.
government policy is useful for obtaining Government ownership is present in the
low auto prices in the context of interna field of auto transportation because virtu
tional competition. One of the main rea ally all highways and streets are owned by
sons for low auto prices in the United federal, state, or local governments. The
States, or at least prices that are lower than days of private toll roads ended approxi
they otherwise would be, is competition mately 200 years ago. Even the strongest
from Japan, West Germany, and elsewhere. conservatives do not seem to advocate a re
One of the main ways of adversely interfer turn to privately owned highways sup
ing with these low prices is for the govern ported by tolls paid to private landlords,
ment to institute tariffs, import quotas, or with a different landlord approximately
other policies that will lessen the interna every 100 yards.
tional competition.
An example of a government subsidy in
the automobile industry that someday may Telecommunications
pay off is the government’s offer to buy a
huge quantity of electric cars from any The policy of leaving matters to a com
manufacturer who can develop an inex petitive marketplace has been very effec
pensive, feasible version. This offer is part tive in reducing prices for long-distance
Public and Private Sectors | 95
calling. The cost of long-distance tele space has become an international and ex
phone calls is one of the few items that has traterrestrial matter by virtue of the
decreased throughout the years despite in competition to locate communications sat
flation. One can now call anywhere in the ellites in prime areas in space. Leaving
United States during off hours for approxi these location problems to individualistic
mately $7 an hour, which is substantially solutions could result in countries shooting
less than it cost 10 years ago. Also, service down the communications satellites of
is faster due to direct-distance dialing to al other countries. This would not be as desir
most anywhere in the world. able as having meaningful criteria for allo
A good example of the role of govern cating scarce space, such as giving the less
ment subsidies in the telecommunications expensive, closer spaces to countries that
field is the development of communica have less ability to pay for the more expen
tions satellites. Developing them was far sive spaces that are farther away from the
too expensive and risky for private enter earth.
prise, especially because it also meant de Government ownership manifests itself
veloping the rockets to boost the satellites in telecommunications mainly in the form
into orbit. The advent of communications of some publicly owned TV and radio sta
satellites has made it possible for the mod tions. In the United States, these are usually
ern equivalent of Dr. Livingstone to phone owned by state universities or public cor
home from Malawi to Scotland in a matter porations that rely on tax support, contri
of seconds rather than have to wait for Dr. butions, and foundation grants. These
Stanley to spend a year finding him. Com publicly owned stations provide program
munications satellites also make it possible ming that may be considered intellectually
for the whole world to watch popular and culturally desirable but not sufficiently
American TV shows simultaneously. commercially profitable. Such program
Litigation has been important in the ming is even more prevalent in Europe and
telecommunications industry, but not to elsewhere. Like government-owned air
enable people to sue for damages for per ports and roads, government-owned edu
sonal injuries. Instead, litigation has en cational TV stations (along with all the
abled business firms such as phone equip commercial ones) seem to be accepted even
ment manufacturers and long-distance by conservatives who recognize the social
resellers to successfully sue AT&T for anti istic nature of a government-owned TV
trust violations. These lawsuits have made station. It is interesting that conservative
possible the competition that has reduced William Buckley does most of his broad
the price of phone equipment and long- casting on government-owned TV stations.
distance calling.
An example of regulation in the tele
communications field that many people CRITERIA FOR DECIDING
consider desirable is the licensing of prime AMONG THE FIVE FORMS
channels to radio and TV stations so as to
rationally allocate the scarce space. One From the previously discussed examples,
criterion used in awarding licenses is one can generalize some principles regard
whether the station will provide opportu ing when noninvolvement, subsidies, liti
nities for minority viewpoints to be heard gation, regulation, or government owner
and will give equal time to political candi ship might be best. Noninvolvement works
dates when their opponents have been best when the industry is highly competi
given free time. Liberals support this kind tive, and competition is likely to achieve
of criterion. Conservatives support criteria socially desired behavior. This is espe
that state that licensees must not un cially true regarding the pricing of prod
duly engage in obscenity. It is interesting to ucts because competition capitalism lowers
note that the rationing of communications prices. This is not the case regarding such
96 | Public Policy Studies
does not want to buy the behavior through phone companies, and electric companies
subsidies. to rent their infrastructures at high prices
The main explanation or justification to competing companies.
for government ownership in a basically This is a win-win solution for (a) busi
free-enterprise society is that there are cer ness consumers, who get cheaper com
tain services that society wants to have per petitive rates and better quality service; (b)
formed but that private enterprise finds too railroad passengers and residential con
unprofitable to provide. This includes sumers, who similarly benefit; (c) compet
much of what were formerly thought to be ing railroads, telephone companies, and
natural monopolies, including railroads electric companies, which can make a
because it was thought to be unnatural to profit even with the high rents they pay;
have competing railroad tracks. It also in and (d) the previous monopolistic compa
cludes telephone companies and electricity nies, which now make more money renting
companies because it was thought to be un their infrastructures than they formerly did
natural to have competing telephone lines selling railroad, telephone, or electricity
or electrical lines parallel to each other. We service. These benefits are as true of public
are now in the process of moving toward sector monopolies as they are of private
requiring monopolistic railroads, tele sector monopolies.
CHAPTER 14
Sherman the Shark on
Policy Evaluation
99
100 | Public Policy Studies
5. The only explicit alternative being con scale, especially if the scores on different
sidered for achieving satisfaction is criteria will be combined. If, however,
whether to order a pepperoni pizza (the the results are the same or still win-win,
conservative or No. 1 alternative) or a then the results are independent of the
sausage pizza (the liberal or No. 2 alter measurement method, and this issue be
native). Perhaps they should also con comes irrelevant, as it often does.
sider (a) what drinks to order, (b) de
9. If the budget cannot provide for extra-
livery or pick-up, (c) which restaurant,
large pizzas, then perhaps Sherman
and (d) other alternatives.
should be allowed his preference for the
6. By having multiple goals and multiple one pizza. Fillmore can be rewarded by
alternatives, one can more easily arrive getting to use Sherman’s computer. On
at win-win solutions in which every the other hand, perhaps Fillmore should
body wins something that is important be allowed his preference for the one
to them, the way everybody wins a de pizza. Sherman can then be rewarded by
sired prize at a well-coordinated birth getting some of Fillmore’s salvaged trea
day party. sure, including an old boot, a peg leg,
7. Thought can be given to expanding the and Titanic memorabilia.
budget. In this case, many pizzas (or 10. Appropriate computer analysis can
other things) could be ordered and stimulate ideas regarding how to com
frozen for future eating or immature bine in a win-win way opposing goals,
food fights. This is how the win-win alternatives, and relations.
concept of the expanded (pizza) pie may
have originated. 11. I personally prefer mushroom and ham
burger pizza with a thick crust and a gi
8. Perhaps there is a better way than us
ant mug of skim milk.
ing a 1 to 10 scale to relate the alterna
tives (pepperoni vs. sausage) to the goal 12. Additional conclusions are welcome on
(taste), such as a 1 to 5 or a 0 to 100 this and on all items I publish.
Part 4
POLICY
PROFESSIONALISM
CHAPTER 15
Productivity for Success
103
104 | Policy Professionalism
105
106 | Policy Professionalism
sources. New Rochelle, NY: Change Maga Oral Histories of a Discipline. Lexington:
zine Press, 1978. University Press of Kentucky, 1991.
Nagel, Stuart. The Policy-Studies Handbook. Dunn, William, and Rita Mae Kelly, eds. Ad
Lexington, MA: Lexington Books, 1980. vances in Policy Studies Since 1950. New
Nagel, Stuart, and Miriam Mills. Professional Brunswick, NJ: Transaction Books, 1992.
Developments in Policy Studies. Westport, Eulau, Heinz, and James March, eds. Political
CT: Greenwood, 1993. Science. Englewood Cliffs, NJ: Prentice
Sindermann, Carl. Winning the Games Scien Hall, 1969.
tists Play. New York: Plenum, 1982. Finifter, Ada, ed. Political Science: The State of
van den Berghe, Pierre. Academic Gamesman the Discipline. Washington, DC: American
ship: How to Make a Ph.D. Pay. New York: Political Science Association, 1983 (2d ed.,
Abelard-Schuman, 1970. 1993).
Zanna, Mark, and John Darley, eds. The Com Hyneman, Charles. The Study of Politics: The
plete Academic: A Practical Guide for the Present State of American Political Science.
Beginning Social Scientist. New York: Ran Champaign: University of Illinois Press,
dom House, 1987. 1959.
Nagel, Stuart, and Miriam Mills. Professional
Developments in Policy Studies. Westport,
THE POLITICAL SCIENCE CT: Greenwood, 1993.
PROFESSION Ricci, David. The Tragedy of Political Science:
Politics, Scholarship, and Democracy. New
New graduate students might find it Haven, CT: Yale University Press, 1984.
worthwhile to read such introductions to Somit, Albert, and Joseph Tanenhaus. Ameri
the political science profession as the can Political Science: A Profile of a Disci
books listed in this section. A profession pline. New York: Atherton, 1964.
can be defined as an income-producing ac Somit, Albert, and Joseph Tanenhaus. The De
tivity that requires (a) a special training velopment of Political Science: From Bur
program and credentialing; (b) jobs that re gess to Behavioralism. Boston: Allyn & Ba
fer to the profession in the job descriptions; con, 1967.
(c) organizations of people in the profes
sion who produce a literature of journals,
books, and conferences; and (d) an en
forced code of ethical behavior. These and TENURE ISSUES
other related subjects are discussed in the
following books, specifically in the context American Association of University Professors.
of political science. Defending Tenure: A Guide for Friends of
Academic Freedom. Washington, DC:
Almond, Gabriel A. A Discipline Divided: American Association of University Profes
Schools and Sects in Political Science. sors, 1997.
Newbury Park, CA: Sage, 1990. Eames, Patrica, and Thomas Hustoles, eds. Le
American Political Science Association. A gal Issues in Faculty Employment. Notre
Guide to Professional Ethics in Political Sci Dame, IN: National Association of College
ence. Washington, DC: American Political and University Attorneys, Notre Dame Law
Science Association, 1990. School, 1989.
Baer, Michael, Malcolm Jewell, and Lee Finkin, Matthew. The Case for Tenure. Ithaca,
Sigelman, eds. Political Science in America: NY: Cornell University Press, 1996.
CHAPTER 17
Survey on Running a
Policy Program
To: People Associated With Policy policy school or to typical faculty mem
Programs bers.)
From: PSO [Policy Studies 2. How do you recruit new faculty?
Organization] 3. How do you get funding for research,
Date: 05/17/01 teaching, and service projects?
Subject: Running a Policy Program
Criteria for Allocation
We would especially welcome whatever 1. What criteria do you use in deciding what
you can do in answering the enclosed open- to research?
ended items that relate to public policy 2. What criteria do you use in deciding what
teaching and schools. courses to teach?
We have been told by various deans and
3. What criteria do you use in deciding what
administrators that this kind of informa
public or professional service projects to
tion will be mutually helpful, even more so
encourage?
than exchanging catalog information or
dry statistics.
I shall be pleased to respond to any ques Past, Present, and Future
tions, comments, or suggestions you might 1. How did your school get started and/or
have. Please return to PSO Networking Di restarted?
rectories, 361 Lincoln Hall, University of
2. What are you presently implementing to
Illinois, Urbana, Illinois 61801.
make your school different from most
Thank you for your helpfulness. Best
other policy schools?
wishes for our related interests in seeing
political and social science applied to im 3. What approximately are your plans for
portant policy problems. the future?
109
110 | Policy Professionalism
Robert Weissberg
University of Illinois, Urbana
111
112 | Policy Professionalism
sponsibilities. The bottom line is that in came a broached possibility. In fact, the
more than 35 years of teaching, deficient department head offered a retirement
instructional performance was never a for package, but it was eventually rejected.
mal or informal problem. The reason was simple: Nagel was then still
The final relevant background element only 60 years old and believed scholarship
is Stuart Nagel’s strong, vocal support of and teaching were as productive as ever.
African American civil rights. After gradu Why abandon intellectual activity for loll
ating from Northwestern University Law ing about in Leisure Village?
School, he joined the Legal Service Pro In most circumstances, this “no thank-
gram of the Office of Economic Opportu you” to ending a career would settle the
nity and spent a year working on behalf discussion. Perhaps the offer would be
of African Americans in the Mississippi sweetened or arguments made more per
Delta. His sympathies here are unequivo suasive, but to proceed further ventures
cal, and anybody who has discussed race- into troubled terrain. As fate would have it,
related issues with him cannot doubt his however, just as World War I began with an
sincerity. To even hint that Nagel has even unanticipated “minor” event, an alleged
the smallest racist bone in his body is ludi classroom incident would breathe new life
crous. Keep this in mind as we later venture into the possibility of a “voluntary” Nagel
into the murky waters of alleged racial con departure. In effect, this occurrence offered
frontation. an opportunity for those in power to resur
rect a previously rejected severance possi
bility. This confrontation involved Nagel
The Triggering Incident mentioning the predicaments of black busi
nesses in Africa, black students clashing
The next player in our drama is “the with Nagel’s interpretation, and a postclass
university.” The university (actually some heated exchange between Nagel and the
unnamed administrators) has recently be upset students.2 On its face, nothing in
come desirous of enticing senior faculty flammatory. According to witnesses, no
into early retirement. Given that, at least in physical contact occurred and the matter
principle, faculty can now teach until senil dissipated within minutes. No doubt, in
ity, this policy is reasonable and perhaps times past, the entire matter would quickly
even advantageous for collective intellec become a dim memory.
tual vitality. There is nothing wrong with Two points about this “incident” are
offering handsome retirement benefits to critical over and above its fundamentally
those possessing more attractive opportu inconsequential character. First, Nagel’s
nities elsewhere. All parties would benefit. classroom comments, regardless of their
The voluntary nature of this arrangement unintentional impact, were wholly pro
is critical. Pushing senior faculty off the ice tected by academic freedom. His analysis
berg is not only unethical but also illegal. was integral to course content, and he was
Although the line dividing voluntary well within his disciplinary expertise (the
and coerced retirement may be clear ab Kenyan government even invited him to
stractly, haziness prevails in practice. Uni address this issue in Kenya). Second,
versities abound with anecdotes of once heated student-professor interchanges, al
distinguished scholars prodded into leav though not daily occurrences, are integral
ing via unwelcome teaching assignments or to academic life. To teach political science
tiny offices under stairwells. In the case of in a lively fashion encourages contentious
Nagel, this retirement issue surfaced begin debate, and spiritedness is typically a plus
ning in 1994. At that point, due to the intri in the classroom. If classroom controversy
cacies of the state pension system and were an actionable offense, the university
Nagel’s long service record, retirement be would collapse into terminal boredom.
114 | Policy Professionalism
Until this point, nothing especially note Memos, Investigations, and Injunctions
worthy had transpired. It is in the next se
quence of events that our tale pertains to During the time between the November
academic democracy. Here, the line be 1995 incident and the subsequent spring
tween honest differences of interpretation semester, the demands on Nagel increased.
and tyrannical harassment is crossed. In a Among other things, he was asked to pro
matter of weeks, a seemingly forgotten re vide syllabi from past years, faculty at
jected offer of retirement would transform tended his class (with threats of more visits
itself into a rapidly escalating jihad pitting to come), and students were interviewed
Nagel and a tiny handful of allies on one about his teaching performance. Needless
side against nearly the entire department to say, this sudden scrutiny is highly un
energetically reinforced by the administra usual and was reasonably interpreted as
tion and its well-provisioned Office of Le “something bad is in the works.” Surpris
gal Counsel. An unsubstantiated letter of ingly, the actual investigation of the alleged
complaint by two students (supplemented incident never occurred. Evidently, this
by an anonymous letter), appended with was an issue not to be resolved by marshal
vague charges of bad teaching, would serve ing evidence: The desired outcome (resig
as the ever so convenient “smoking gun” nation) was to be accomplished by intimi
that would, it was hoped, push this hesi dation. What else explains the lack of
tant potential retiree over the brink. The formal inquiry coupled with ad hoc inqui
phrase “workplace violence” also infil sition? The upshot of this pressure sans
trated the complaint, although this was corroborating evidence or due process was
pure allegation if not fantasy. That this pre a blizzard of memos from Nagel to col
text was imbued with the hot-button issues leagues and administrators providing his
of “racial insensitivity” made it all the reaction. In effect, it was the time-honored
more promising. stratagem of appealing one’s case to the
The intended “script” here is hardly court of public opinion—a “look at what
novel and has proven successful elsewhere. they are trying to do to me!” Departmental
To wit, a senior professor is confronted reaction was annoyance at all the commo
with a medley of grave and difficult to re tion. Ironically, Nagel’s unexpected resis
fute changes of a personal nature and, in ef tance was often depicted as “damaging”
fect, told “you can fight or leave quietly the department’s reputation. If there were
with a handsome reward.” Faced with the those who sympathized, they almost en
prospect of lawyer bills and unpleasant tirely remained publicly silent.
confrontation, the bribe is usually grudg While this “memo war” escalated,
ingly accepted. If the intended victim is Nagel made a good-faith effort to improve
slightly obstinate, a few preliminary hear his teaching. He voluntarily contacted the
ings or threats of unsought publicity will university’s Office of Instructional Re
often do the trick. After all, why spend a sources (OIR) and arranged for videotap
small fortune and risk sullying a reputation ing of his classes and consulted with OIR
to avoid what will inevitably occur any experts on improving lecture quality. This
how? That Nagel had already once con remediation effort lasted several weeks. Be
templated the possibility of leaving made cause frankness is essential to progress, all
this “push over the edge” strategy particu discussions with the OIR were understood
larly attractive. No doubt, the prospect of to be confidential. Moreover, and this be
defending oneself against “racism” and comes important later, student evalua
workplace violence would impel a less tions collected by the OIR are also con
hardy soul to abandon ship and head fidential and can be released only with
straight to Leisure Village. the instructor’s permission. Notable here is
Academic Tyranny | 115
the evidence of “good faith” in addressing Two subsequent events supply further
an allegation. insight into how a modern university can
Despite this teaching remediation effort, operate. The first was the long-delayed
Nagel now honestly believed that his ten “investigation” of the original incident
ure was under threat of revocation. Indeed, (approximately 6 months after it oc
the language of the department head’s curred). This inquiry soon expanded well
complaint against him went well beyond beyond the initial incident and encom
the specific incident and instigated an in passed Nagel’s teaching performance in
vestigation that “must transcend the par general. It was quite clearly a one-sided
ticulars raised in that attached documents search for ineptitude apart from any peda
(words, examples) and the particular gogical accomplishment. Nagel’s adversar
style of Professor Nagel” (Nardulli memo, ies went so far as to contact OIR to obtain
January 29, 1996). This memo also called teaching deficiency material. This was in
for a sweeping investigation of past teach formation explicitly protected by the confi
ing, although there was no evidence of dential principle, but this regulation was
previous difficulties. Nor, in principle, easily abandoned in the rush to obtain
was this investigation time bound: It could damaging evidence. When one OIR admin
continue indefinitely until the hoped-for istrator was asked why these data were re
smoking gun was uncovered. Obviously, leased despite the restrictions, she lamely
more was being launched here than an responded, “Well, we [referring to the de
attempt to calm one or two agitated stu partment head] both work for the same
dents. Few university teachers with compa university.”
rably long teaching careers could emerge The heart of this investigation was a
perfectly blameless in such a review: There questionnaire haphazardly distributed to
will always be a few disgruntled stu Nagel’s former students. The stilted nature
dents eager to settle scores. If tenure was of the inquisition is apparent by examining
not to be revoked then and there, per specific questions. For example, one ques
haps the anti-Nagel campaign would be tion asked if Nagel made himself available
more incremental, namely, removing him to students in his office. The use of the
from the classroom and curtailing access word “office” might seem absolutely in
to resources—retirement on the install nocuous, but it was generally known by
ment plan. Nevertheless, whatever the pre faculty (and all Nagel’s students) that
cise design, Nagel felt sufficiently threat Nagel did not consult with students in his
ened to seek a federal court injunction office, preferring instead to meet elsewhere
to prevent the university from proceeding or to consult via telephone or e-mail.
further with their open-ended intimida Hence, office unavailability appears as in
tion. In March 1996, Nagel went to fed difference to student concerns. When out
eral court in Peoria, Illinois, seeking pro side experts gave their opinion of this
tection. By now, the university had hired an “assessment,” judgments were especially
outside law firm to supplement its in-house damning. Seymour Sudman, a University
counsel. After some impassioned testi of Illinois marketing professor and re
mony from both parties, Judge Michael nowned questionnaire expert, explicitly
Mihm denied Nagel’s request on the cautioned against using the proposed ques
grounds that nothing tangible to that date tionnaire on the grounds that it had never
had been done to harm Nagel. He assured been employed elsewhere and thus the re
the court, however, that if something were sults lacked a clear baseline meaning. He
done, he was confident that Nagel would also noted that the instrument’s design (no
return and injunctive relief would then be precoded categories for open-ended re
granted. sponses) made it especially vulnerable to
116 | Policy Professionalism
biased interpretation and could easily be modern democratic governance. The judge
construed as a search only for negative stu specifically ruled that “Nagel cannot be de
dent comments (Sudman, letter, April 22, prived of his teaching activities without ap
1996). This suspicion of wrong doing was propriate due process.” When the political
seconded by Michael Scriven, a consulting science department head professed that
professor at the School of Education, Stan this removal was a minor administrative
ford University, and a widely recognized glitch performed by a subordinate, the
expert on teaching evaluation. Scriven judge characterized this rejoinder as “not
characterized this investigation of Nagel as credible.” Regarding the results of the in
“an unseemly rush to an inappropriate vestigation that wandered off well beyond
judgment and highly adverse personnel ac the initial accusation, Judge Mihm re
tion, amounting to public humiliation that marked, “It’s rather amazing to me that
is completely unjustified given the proceed this incoherence that is being investigated
ings, report, and circumstances.” Scriven apparently dropped out of the sky.”
also noted the “vagueness of the charges,” If this saga were a Hollywood movie, it
a sure indicator of due process violation might have a more upbeat ending. We
(Scriven, memo, May 1996). Note that this might envision Nagel triumphantly re
inquiry exclusively focused on Nagel’s ab turning to the department, a statue erected
solute classroom performance and not on in his honor, the shamed evil-doers fleeing
his proficiency relative to that of others in to the hinterland, a new regime installed,
the department. Perhaps other instructors and Nagel happily ever after teaching his
were equally inept, but this was never beloved win-win nostrums to attentive un
broached. Reinforcing a predetermined dergraduates. After all, any number of
outcome was hardly subtle. others could be brought up on similar
The second event was Nagel’s actual re charges at any moment. Alas, Urbana, Illi
moval from his two courses. How this was nois, is not Hollywood, California. The up
mysteriously implemented would rival shot was a complex negotiated settlement
anything imagined by Franz Kafka. It was whereby Nagel agreed to relinquish teach
done invisibly and by “accident.” Spe ing in exchange for a 2-year appointment
cifically, quite by chance and acting on a as associate dean of international policy
hunch, Nagel discovered that his fall offer studies. A substantial salary increase fur
ings had been silently delisted from the ther sweetened the retirement package.
electronic timetable employed for student Strictly in financial terms, when large legal
registration. Just how this happened re bills were factored in, this arrangement
mains unclear, but their removal is uncon was at best a wash. The university did
tested. To invoke an old Soviet expression, “win” insofar as Nagel would leave, but
Nagel had been officially airbrushed out of only after 2 more years. Given Nagel’s
educational history. At this point, the dis eventual retirement, this only sped up the
pute had shifted from name-calling to con inevitable by a few years at most.
crete action: The once hypothetical easing But, apparently, this “war” had not
out of the department was now real. been concluded. As in the Balkans, endur
Nagel was quickly back in federal court ing and often pointless animosities seem
on April 15, 1996, and this time the injunc culturally endemic. Shortly after this legal
tion to protect Nagel’s First Amendment agreement, at the instigation of the politi
rights was granted. What makes this ju cal science department head, Nagel’s de
dicial intervention to protect free speech partmental voting rights were withdrawn
especially noteworthy is that it pertained (two other senior faculty were similarly
to an internationally famous “liberal” disenfranchised). Given Nagel’s singular
research-oriented school, not some ob marginalization and his zero influence in
scure backward school out of touch with departmental decision making, this gesture
Academic Tyranny | 117
trust passively in good faith to dissolve the a skilled Machiavellian to manipulate the
acrimony may well invite ruin. levers to muzzle potential troublemakers.
A few dollars here, a course reduction
there, and vague hints of future generosity
Do Not Count on Friends are often sufficient to purchase acquies
cence. In fact, what is truly depressing is
Do not expect colleagues, even alleged how effortlessly faculty can be lured into
friends, to rally to your cause when calam careers as spies and double agents. To
ity strikes. Stories from dictatorships of by an insecure professor, a raise of a few
standers “not getting involved” when dis thousand dollars can have a remarkable
sidents are dragged off by the secret police transforming effect on loyalty. That all this
are depressingly relevant. The term cour bribery is done slyly and may be indistin
age does not immediately come to mind guishable from the normal flow of benefits
when describing today’s faculty. Expect lit reinforces its effectiveness.
tle more than a silent pat on the back, a
“confidential” missive to keep the faith, or
some vague consolidation in hushed hall University Amorality
way gossip. That potential supporters are
all tenured, enjoying handsome guaranteed Today’s universities are fundamentally
salaries, makes scant difference. Indeed, it amoral. These institutions may inhabit a
is equally plausible that their very security moral society, and nearly all itheir employ
paralyzes any interventionistic urge. In ees may be exemplary human beings, but as
their thinking, misfortune is not a commu a collectivity that must be confronted the
nicable disease. A recent nature program palaces of higher learning are as virtuous as
on a cable TV channel exemplified this a rock. To hope that righteousness will in
mentality. A crocodile tried to devour a evitably triumph over evil is almost always
monkey while other troop members looked delusional. The most vigorous appeals to
on in amusement. Not a single fellow mon venerated statuary requirements easily fall
key came to the rescue (eventually, the in on deaf ears. To assume an inherent honor
tended victim escaped without assistance). ableness invites disappointment. No mat
Today’s university incentive structure ter how right one’s case, it is far more pru
explains much of this indifference. Espe dent to presuppose the worst, prepare for
cially relevant is that onlookers, potential deceit, and hire a belligerent lawyer.
allies, seldom escape the enticements of A little reflection will convince that such
the powerful. This indifference is often amorality is predictable and not a momen
economically driven. Joining the acad tary lapse. As administrative bureaucracy
emy no longer requires vows of destitute grotesquely expands, responsibility grows
ness. Even mediocre faculty can maneu ever more defuse. If a dirty deed is to be
ver handsome salaries—easily in excess of done, it can be executed almost invisibly,
$90,000—independent of conspicuous ac incrementally with a paper trail so clut
complishment. After all, who is to say that tered that in the final analysis nobody is re
a particular trifling research note is not sponsible. A document signature means
“pathbreaking” and thus worthy of a huge nothing because the “real” command may
bonus? An alleged precise salary standard have originated elsewhere and in multiple
may well be post hoc impromptu reward committees. As in a well-performed Mafia
ing of confidants. Ample nonmonetary re hit, no witnesses come forward, evidence
wards abound to bestow to the faithful— mysteriously vanishes, and inquires are
reduced teaching loads, a new computer, met by stone silence. If this were insuffi
invitations to exclusive occasions, and cient, add ample discretionary funds useful
prestigious appointments. One need not be for quieting the disgruntled. Modern uni
Academic Tyranny | 119
versities abide by a unique form of punish beg off, claiming heavy case burdens, in
ment: Generously remunerate all parties to adequate resources, and uncertainty re
a misdeed. If a fellow administrator screws garding the gravity of one’s plight. They
up, calm the troubled waters by a pro cannot be compelled to intervene, and
motion to a less challenging position or one’s own desperation does not certify
encourage a generous early retirement. If worthiness to an organization bombarded
a professor cannot control scatological with petitions. Properly understood, such
urges, “deprive” him or her of teaching re assistance must be judged an unexpected
sponsibilities but continue the salary. No bonus. Perhaps the same could be said of
wonder complaints are few. One can only academic unions: Even if they did offer
imagine the howls of derision if such a friendly advice, they are hardly the Team
“punishment” system were applied to our sters, ever ready to strike over some alleged
criminal population. violation.
The upshot is a culture that inhibits the The predictable lack of rescue efforts by
virtues of honor and responsibility. As in these outsiders makes the indifference by
the long-gone urban machines, “make no one’s colleagues and friends all the more
waves, back no losers.” Displaying a moral noteworthy. In a nutshell, one must fight a
backbone or a proclivity for forthrightness solitary battle, and this is highly conse
quickly disqualifies one from upward mo quential. Potential allies currently outside
bility. Such an upright individual is “diffi the academic milieu (e.g., the Individual
cult” and may even be considered “un Right Foundation) can thus easily go unno
trustworthy” by administrative peers. Why ticed, as can critical information and court
invite into the clique possible whistle- decisions. Strategy and tactics must be im
blowers inclined to go public with lurid provised or provided by paid legal counsel
tales of financial irregularity or hushed-up more adroit at house closings and divorces.
incidents of sexual exploitation? Better to Intricate questions will be resolved ad hoc
recruit the colorless who embrace the code in one’s spare time. The entire defense en
of silence or who conveniently cannot tell terprise will surely be amateurish. More
right from wrong. Also, given the financial important in the long run, deprived of daily
rewards that now accrue to those who ad support and encouragement, the will to re
vance administratively, why seek trouble? sist atrophies. After a point, the only sure
Dutiful soldiers are generously rewarded; allies helping to keep the battle going may
the incentives for seeking the moral high be family. This isolated wariness is well un
ground, in contrast, are miniscule. derstood by one’s bureaucratic enemies:
Unlike yourself, they can continue the bat
tle virtually forever.
Do Not Count on Outsiders
to an office in Siberia; tomorrow, remove could express optimism. As has been re
voting rights. Eventually, with a few artful peatedly intimated, however, the faults lie
maneuvers, cranky colleagues will be con more in the nature of modern higher educa
signed to the dustbin of departmental his tion and less so in the people staffing the in
tory. With practice, abuses become better stitutions. It is the triumph of what sociolo
executed and more skillful, and cover-ups gists call “role socialization”—the job
become more adept. Top administrators, shapes the person, not vice versa. The vast
ever anxious to avoid awkward publicity, ness of bureaucracy and the comforts of an
pretend not to notice. Potential opposition administrative career path offer little in
becomes disheartened and retreats to ther centive to stand up for what is right. That
apeutic gossip. That anxious bystanders irritants can be eliminated by financial gen
can seek employment elsewhere or retreat erosity only further encourages the flight
into a monastic existence is all the better from responsibility. Also, short of blowing
because this removes potential resisters. up buildings, there seems little risk of those
Eventually, a point is reached at which in charge destroying their institutions. A
aberrations become routine, even toler modern-day Hitler or Stalin as dean or
ated. In the language of political science, even president would cause only a few rip
abuse becomes institutionalized. Rules are ples before being retired with a most gener
now rewritten to provide a legitimate pa ous settlement package. In such circum
tina to the once unthinkable. This is not stances, it is no wonder that proponents of
nearly as difficult as it might seem in envi the highest principles are unwelcome nui
ronments in which precepts typically pre sances.
vail as an unwritten consensus. A clever ad If change is to occur, it will probably oc
ministrator might, under the guise of cur by forces far distant from the current
“democracy,” award votes to those wholly academy. A certain irony presents itself
dependent on his or her whim. New faculty here. Traditionally, financial generosity
might be compelled to pledge loyalty oaths. has been promoted as the handmaiden to
Election results can be altered via interpre educational expansion, which in turn was
tation; for example, with a little verbal considered integral to the survival of de
messaging, an 11 to 9 vote can be disre mocracy. Thus, a dollar spent on learning
garded entirely as “ambiguous” (although was further insurance for the preservation
in other situations it may be “close but de of democratic life. As any social scientists
cisive”). Key positions can be filled by will attest, however, what is a linear rela
those too inept to resist these subversions. tionship over one portion of the data may
Those familiar with academic life could, no not be so over a different portion of the
doubt, add innumerable more ruses that data. Unfortunately, this may now be true
can be moved from the shadows to certified for democracy, education, and spending.
respectability. Once the initial inertia is After some point, the embarras de richesse
overcome, the usurpation grows easier by now enjoyed by contemporary higher edu
the day. cation becomes a source of corruption.
Ample funds easily permit escape from
making the right, but often difficult,
Hope? choice.
Perhaps the downsizing mentality, espe
Is there no hope? Might we have uncov cially its emphasis on personal account
ered some “iron law” in which academic ability, that now infuses corporate America
democracy inevitably deteriorates? To be has something to teach the academy. The
perfectly forthright, the situation is glum. recent collapse of several Asian economies
If it were merely a matter of replacing confirms this message: Building enterprises
“bad” people with “good” people, we on insider deals, cronyism, bribery, and du
Academic Tyranny | 121
POLICYMAKER
PERSPECTIVES
CHAPTER 19
Public Health Challenges
Donna E. Shalala
Former Secretary of Health and Human Services
EDITOR’S NOTE: Donna Shalala has a PhD in political science from the Maxwell School at Syracuse University.
She may have been the most highly placed political scientist in American government since Woodrow Wilson, who
also had a PhD in political science. Shalala greatly upgraded policy evaluation research when she was head of the
policy evaluation division in the Department of Housing and Urban Development during the Carter administra
tion. She did likewise as secretary of the Department of Health and Human Services during both terms of the
Clinton administration. This 1998 chapter is written from the perspective of an insider in politics, public adminis
tration, political science, and especially policy evaluation. Currently, she is president of Miami University, possibly
waiting to join the next Democratic president in Washington, DC.
125
126 | Policymaker Perspectives
ernment is over.” President Clinton, how Through all these accomplishments, Presi
ever, also believed—and still believes—that dent Clinton submitted to Congress the
government has an important role to play first balanced budget in 30 years. All of this
in protecting the health and well-being of happened despite conventional wisdom
our children, opening the door of Amer and with the smallest government since the
ica’s economic bounty to all who are Kennedy administration.
locked out, preserving the promise of This is the era of closing deficits. We
Medicare and Medicaid, and ensuring that have done it with the budget, and now we
the root of basic research becomes the must do it with our health. For America’s
flower of life-saving medicine. We fought racial and ethnic minorities, the health def
hard for this vision of America—an Amer icit is all too real. Racial and ethnic minori
ica that would live within its means with ties suffer from many diseases at higher
out sacrificing its principles or its soul. rates than whites. For example, infant mor
That fight was worth having. After we tality is 2½ times higher for African Ameri
got through the government shutdown, we cans and 1½ times higher for Native Amer
had a period of almost unparalleled legisla icans than it is for whites.
tive achievement. We passed major welfare We have a moral obligation to close
reform legislation that, along with the these gaps, and by focusing on the health
booming economy, has brought the num needs of minority Americans, we will im
ber of welfare recipients below 10 million prove the health of all Americans. We also
for the first time in more than 25 years. We need to balance the books on access and
expanded the earned-income tax credit in quality by extending Medicare benefits to
1994, and we increased the minimum wage Americans 55 to 65 years old. This Medi
in 1996. We approved tough new child care buy-in will not raise taxes or nega
support measures that are expected to in tively affect the trust fund. But it will do
crease collections by $24 billion dollars what is right.
from 1998 to 2008. Also, as mentioned We also need to do what is right to
previously, we passed CHIP, which is the ensure quality in our health care system.
largest expansion in health care since we Managed care is here to stay, but we must
created Medicare and Medicaid more than never, ever sacrifice quality for efficiency.
30 years ago. That is why the president’s commission
At the same time, we strengthened studying health care quality recommended
Medicare and Medicaid, adding important including a Patient’s Bill of Rights that will
new benefits and extending the life of the ensure greater choice, better informa
Medicare Trust Fund to 2007. Head Start tion, emergency care, privacy of health
was restructured, and we invested in a qual records—and much more. We’ve already
ity strategy. We cracked down on fraud and given these rights to every person with fed
abuse, and we are still cracking down. erally subsidized health insurance. That’s
Childhood immunization rates soared one third of all Americans. Private insur
to record highs, and the infant mortality ers are called on to sign on and do the
rate hit a record low. Teen pregnancy rates same.
have declined for 5 straight years, from When the president announced the first
1993 to 1998, paternity establishments are balanced budget, he said he wanted the sur-
up, and overall drug use among younger plus—and future surpluses—to go to sav
teens leveled off last year for the first time ing Social Security. That is because closing
since 1992. We are starting to see real re the health deficit not only means paying up
sults from new AIDS-fighting drugs. AIDS today—it means investing for tomorrow.
deaths decreased 44% in the second half That is exactly what the Clinton adminis
of last year. Also, cancer incidence and tration did—invested in the children of the
death rates decreased from 1990 to 1995. millennium and their children. First, we
Public Health Challenges | 127
proposed the largest single investment in public health messages. Teaching teenage
child care in our nation’s history—almost girls that they can prevent osteoporosis by
$22 billion over 5 years to make child care drinking milk is just one piece of a much
more available, more affordable, and more larger agenda for living longer and health
trustworthy for millions of working fami ier lives in the 21st century.
lies. And second, we tried to make sure As we near the end of what has come to
these children of the millennium grow up be called the American century, we have
safe from today’s most dangerous diseases. the chance to plant the seeds of an Ameri
To do that, we proposed a new 21st can millennium. Where the burden of his-
Century Research Fund to infuse millions tory—and the yoke of disease—is finally
of dollars into a prevention research pro lifted from our children. Where every child
gram. The fund would give our National can grab the baton of education and sprint
Institutes of Health (NIH) the single largest to a prosperous future. Where equality and
budget increase in its history: $1.1 billion economic opportunity are a certainty—
next year as a down payment on a historic and intolerance a long-ago memory. Where
5-year, 50% expansion. These new re we refuse to forego our principles or make
sources would allow us to boost the num others forego their dignity.
ber of funded research grants to an all-time Is this too idealistic for the hardball
high and increase NIH cancer funding by world of politics and policy—budgets and
65% by 2003. bureaucracy? No. In the 20th century, mil
Recently, I sat for 6 hours being photo lions died because government thought
graphed with a milk mustache. I did the ad they could impose a utopia, the lesson for
as part of my strategy of going where no the 21st century is unmistakable: Policies
Health and Human Services secretary has that move the human spirit are policies that
gone before to communicate important change us for the better and forever.
Section
II
POLICY
EVALUATION
AT THE
CUTTING EDGE
Part 1
BASIC
CONCEPTS
CHAPTER 20
Policy Theory
133
134 | Basic Concepts
Policy analysis emphasizes systematic ana lows from the goals, policies, and rela
lytic methods that can be quantitative or tions.
qualitative.
Policy science emphasizes quantitative meth Validity can occur in degrees, or at least
ods. nonvalidity can do so. A valid study meets
all four of the previously mentioned re
Methods of public policy analysis refer to quirements. An invalid study fails to meet
at least one of the four requirements. A
1. How to draw a conclusion regarding study is even more invalid if it fails to meet
which policy to adopt from information more than one of the requirements or fails
on goals, policies, and relations to meet a requirement by a large margin.
Validity in policy evaluation is thus like eq
2. How to establish the relations between
uity, where equity is defined as providing a
policies and goals
minimum benefits level for all relevant per
3. How to determine what policies are avail sons, groups, or places. Thus, if the mini
able for adoption and what goals are ap mum level is met, equity is present, al
propriate to consider though equality may not be present. There
can be degrees of inequity, however, de
pending on the size of the individual devia
Defining Good Policy Analysis tions from the minimum level and the num
ber of people involved, as is the case with
The key characteristics of good policy nonvalidity.
analysis relate to validity, importance, use
fulness, originality, and feasibility.
Importance
given the limited time, expertise, inter 2. Statistical or observational analysis: Ana
ests, funds, and other resources of the re lyzing specific instances to generalize
searcher. what the goals, policies, or relations
In defining good policy evaluation, we might be
should also indicate certain criteria that 3. Deduction: Drawing of a conclusion from
should probably be considered irrelevant. premises that have been established from
One such criterion is whether the recom authority, observation, intuition, or all
mendations of a research study have been three
adopted by policymakers, even though
policymakers show no awareness of the 4. Sensitivity analysis: Estimating the goals,
existence of the research. To be considered policies, or relations and determining
useful, the research must at least be re what effect, if any, the estimated values
ferred to by policymakers. A second irrele have on the final decision regarding
vant criterion is the direction of the re which policy is best
search recommendations in terms of being
liberal or conservative. This criterion is not The four basic sources can be sub
relevant to good policy analysis in an ob classified in various ways. For example,
jective scientific sense because there is gen authority can be meaningfully discussed in
erally no objectivity regarding whether a terms of expert authority and general pub
liberal or a conservative recommendation lic opinion. Authority can also be contem
is better. One could argue that liberal rec porary or historical. Observation can be
ommendations tend to directly benefit impressionistic or systematic, including
more people given their mass orientation. statistical. Deductive approaches can be
On the other hand, one could argue that based on intuitively accepted or empiri
conservative recommendations benefit cally validated premises. Sensitivity analy
more people in light of the trickle-down sis is threshold analysis in which we want
theory, which states that the masses are to know the break-even point, above which
better off if well-to-do potential investors we should take one course of action and be
are encouraged to develop new technology low which we should take another.
and businesses. The other criteria of valid What constitutes an authority on goals,
ity, importance, and usefulness do have policies, or relations? The answer depends
some objective reality on which both liber on the subject matter. For example, the Su
als and conservatives can agree.3 preme Court is an authority on what goals
are legitimate in satisfying the right-to
counsel clause of the Sixth Amendment to
the Constitution. The Court has said that
THEORY OF KNOWING AND saving money is not an appropriate goal
POLICY ANALYSIS but that saving innocent persons from be
ing convicted is appropriate. If, however,
Sources of Policy Analysis Elements the issue is not whether right to counsel
should be provided but, rather, how it
should be provided, then saving money is
Where do goals, policies, and relations an appropriate goal. For this issue, the
come from? The answer includes the fol goals of a county board would be relevant
lowing main possibilities: because it generally appropriates money to
pay court-appointed lawyers to represent
1. Authority: One or more persons, books, the poor. Such goals might include satisfy
articles, or other reliable sources of infor ing the local bar while minimizing expen
mation regarding the relevant goals, poli ditures. The board might therefore decide
cies, or relations to use a salaried public defender system
Policy Theory | 137
rather than a less expensive but less politi which the controversy occurs, the overall
cally feasible assigned-counsel system or a conclusion regarding which policy or com
less legally feasible volunteer system. For bination is best is still the same. Sensitivity
other policy problems, the key authorities analysis also enables the policy evaluator
might be legislative opinion, public opin to convert difficult questions about goals,
ion, the head of an administrative agency, policies, and relations into relatively easy
and so on. questions, such as “Is a given weight, pol
Accounting is a variation on statistical icy, or relation above or below some
analysis. Like statistical analysis, it in threshold?” rather than “What is the exact
volves aggregating data, but accounting weight, policy, or relation?”
data are generally more precise than statis There is no need to argue about which
tical analysis that is based on averages or source between authority, statistics, and
the fitting of curves to scattered data deduction is the most desirable. Authority
points. A public opinion survey is not a is clearly a major time-saver if an accessible
variation on statistical analysis in the con and respected authority is involved. De
text of the typology of sources. Rather, it is duction enables one to draw conclusions
a form of consulting authority in which the about goals, policies, and relations without
authority is the general public or a special having to gather original data but instead
segment of it. A statistical analysis (as a dis by synthesizing already known informa
tinct source of information on goals, poli tion. Statistical analysis does constitute a
cies, or relations) involves a cross-tabula more ultimate, but more difficult, form of
tion, an analysis of the variation between proof. In any concrete policy evaluation
averages, or a regression equation analysis. situation, the best source depends on the
These forms of statistical analysis involve subject matter and what is to be done with
determining a relation that is relevant to it. If the policy evaluation involves consti
weighting goals, deciding which policies tutional policy, an appeal to Supreme
are feasible to choose among, or relating a Court authority may be most relevant. If it
policy to a goal. involves the effects of a strike in the coal in
Deduction involves deriving a conclu dustry on another segment of the economy,
sion from premises that have been estab a deductive input-output model may be the
lished by way of authority, empirical vali preferable type of analysis. If it concerns
dation, prior deduction, or intuition. The the trade-off of inflation and unemploy
more acceptable the premises, the more ac ment, a time-series statistical analysis may
ceptable the conclusions should be, assum be especially appropriate in relating infla
ing the conclusions have been validly de tion and unemployment to suicide rates,
duced from the premises. Deduction is the percentage of the two-party vote that
especially helpful when there is no author goes to the incumbent party, or other social
ity and no empirical data for determining indicators.
the information desired.
In policy evaluation, sensitivity analysis
is a useful source of information about Overcoming Obstacles to
goals, policies, and relations when author Policy Analysis Knowledge
ity, statistics, and deduction do not provide
clear answers regarding them. Sensitivity There are five key methodological prob
or threshold analysis enables one to deter lems in decision making:
mine the amount of room for error in
weighting the goals, listing the policies, or
1. Multiple dimensions on multiple goals
measuring the relations. Often, the contro
(the “apples and oranges” problem)
versy regarding precision in these matters
is wasted because, within the range in 2. Multiple missing information
138 | Basic Concepts
3. Multiple alternatives that are too many 3. Convergence analysis, whereby the com
for one to be able to determine the effects puter shows for each goal weight at what
of each magnitude the goal tends to dominate the
other goals, such that nothing is to be
4. Multiple and possibly conflicting con
gained by increasing the weight
straints
4. Best-worst analysis, whereby the com
5. The need for simplicity in drawing and puter first shows what the conclusion
presenting conclusions despite all this would be using values that most favor a
multiplicity given alternative and then the values that
least favor a given alternative. The two
Decision-making problems often in conclusions are then averaged.
volve multiple goals measured on a variety
of different dimensions, such as miles, Decision-aiding software can help in al
hours, dollars, 1-5 attitude scales, and yes- locating resources, in contrast to the gener
no dichotomies. Multiple dimensions can ally easier problem of simply finding a best
be handled, for example, by (a) multiplying alternative or combination. A good way to
the apples by 2 if you like each apple twice allocate resources is to convert into per
as much as each orange. Then, all data will centages the raw merit scores of the objects
be expressed in orange units; (b) asking to which the resources are to be allocated.
whether the gain in apples from choosing One can then apply the percentages to the
one alternative is worth more or less than grand total available to be allocated. A
the gain in oranges from choosing a second good way to convert the raw scores into
alternative; or (c) by converting the apple percentages is to divide them by their total
units into percentages by dividing the raw within the same goal to get part-whole per
scores on the apples goal by the sum of the centages. These percentages can then be
apples and by converting the orange units summed across the goals using a weighted
into percentages by dividing the raw scores sum in which the goals have different
on the oranges goal by the sum of the or weights.
anges. Decision-aiding software can help in
We often do not know relation scores dealing with constraints that require mini
for each alternative on each goal, and we mums or maximums on the alternatives or
often do not know the relative weights of the goals or other conditions that must be
the goals. The main way in which missing met, regardless of how high the scores are
information is handled is to allow the user for an alternative or for the goals. The con
to quickly and accurately determine the ef straints can be met before one allocates
fects of inserting various values for the scarce resources or determines the relation
missing information. Specific techniques scores. Doing so tends to result in giving an
include alternative more than it is entitled to when
it deserves only the minimum. This result
1. “What if” analysis, whereby the com
cannot occur if adjustments are made after
puter shows what would happen if
allocating so as to bring alternatives up to
changes were made in the goals, alterna
their minimums. The best ways to resolve
tives, relations, or all three
conflicting constraints are either to expand
the total benefits available or to reduce the
2. Threshold analysis, whereby the com total costs to be imposed so that all the con
puter shows for each relation score and straints can be satisfied simultaneously. If
goal weight the value that would cause a this is not possible, then one can resolve
tie between the second best alternative conflicting constraints by developing com
and the best alternative promises that satisfy each constraint in
Policy Theory | 139
proportion to its importance. Other, less amples could be given of highly praised
desirable alternatives involve partially sat policies that were adoption failures due to
isfying all constraints equally or fully satis interest-group opposition that was not ad
fying certain constraints in the order of equately won over, such as tariff removal in
their priority. the 1930s, free-market farm pricing in the
Decision-aiding software that is based 1950s, and pollution taxes in the 1970s.
on multicriteria decision making (MCDM)
can greatly simplify the analysis of a vari
ety of decision-aiding problems that have Success Versus Failure
traditionally used more complicated and Among Adopted Policies
often less valid methods, such as arrow dia
grams, payoff matrices, decision trees, There are a variety of ways to classify
optimum-level curves, indifference curves, postadoption policy failures. One dimen
functional curves, and multiobjective pro sion is in terms of the subjective intent of
gramming. The essence of MCDM soft the decision makers versus the objective re
ware is that it works with a table, matrix, ality. In terms of intent, a policy is a success
or spreadsheet, with alternatives on the if it achieves its goals, and it is a failure if it
rows, evaluative criteria on the columns, does not. In terms of reality, a policy is a
relation scores in the cells, and a summa success if its benefits minus its costs are
tion column at the right showing the over maximized, or at least positive, regardless
all score or allocation percentage of each of whether the benefits or costs were in
alternative.4 tended. A second dimension is in terms of
quantity and quality. A policy is a quantita
tive failure if its achievement units fall be
CAUSAL THEORY low an intended or objective standard,
AND POLICY ANALYSIS even though there is some net achievement.
A policy is a qualitative failure if it pro
Adopting Versus duces more undesirable than desirable re
Rejecting Proposed Policies sults, as measured either by the intentions
of the decision makers or by the objective
A fundamental distinction in public pol effects regardless of intent. Because each of
icy analysis is that between policy forma these dimensions has two categories, it is
tion and policy implementation or that be possible for four types of policy failures to
tween policy causes and policy effects. This occur by combining the two pairs of cate
distinction is relevant to the concept of pol gories into a four-cell table.
icy failure and the counterpart concept of
policy success. Policies can thus be failures
in the sense of never being adopted or in the Prohibition and Allocation Policies
sense of being adopted but having unsatis
factory effects. The failure to get a policy A good set of categories, however, is one
adopted is a subject of particular relevance that suggests meaningful ways of reducing
to political science because adoption fail policy failure. The previously mentioned
ure tends almost always to be due to a lack categories may lack this characteristic.
of interest-group support relative to the Showing too much concern for the intent of
opposition for the policy being considered. decision makers may, for example, lead
Studying the interaction of interest groups one to suggest reducing policy failure by
is an important part of mainstream politi lowering one’s goals, which is analogous to
cal science. This kind of awareness could reducing crime by legalizing all activities
be helpful in developing policies that are that were formerly criminal. A more use
more likely to be adopted. Numerous ex ful classification of postadoption failure
140 | Basic Concepts
might be in terms of policies that prohibit cause of the difficulty of measuring the
or legitimize certain activities versus poli benefits and the costs and of relating them
cies that involve allocating resources or ef to varying inputs. To the extent that one
fort. Prohibition or legitimation policies can at least approximately determine a no
can relate to criminal activities, negligent tion of policy optimum, one can then mea
behavior, breach of contract, economic sure failure for the these policies as the dif
regulation, transferring property, uncon ference between the optimum and the
stitutional administrative practices, or actual. Thus, if the optimum allocation of a
other activities in which legal policies spec budget to a given anticrime activity is
ify what is right and what is wrong. $1,000 and the actual allocation is $800,
Postadoption failure in this context refers then the anticrime allocation is $200 less
to noncomplying behavior, which is behav than optimum. If the $1,000 allocation
ior that does wrong despite the prohibition would produce 50 crimes and the $800 al
or nonlegal recognition. Compliance is location would produce 60 crimes, then the
likely to be facilitated when (a) the legal anticrime allocation is suffering an oppor
policies are clearly specified and represent tunity cost of 10 crimes. Perhaps one
a minimum deviation from custom; (b) should generally measure policy failure in
the policymakers are highly regarded and terms of the degree of noncompliance, the
maintain a unity of support for the legal deviation between actual and optimum,
policies; (c) the policy appliers have time, and in terms of opportunity costs rather
financial resources, expertise, positive in than on a dichotomy of failure versus suc
centives, and negative sanctions in admin cess.
istering the policies; (d) the policy recipi
ents have attitudes and backgrounds that
favorably dispose them toward the poli Deviation Between
cies; and (e) environmental conditions are Optimum and Actual
conducive to compliance, including com
munications media, education facilities, The deviation between the optimum
and business conditions. and the actual can generally be explained in
Opposite kinds of policies on the prohi two ways. The researcher may be wrongly
bition-allocation dimension are those that attributing values or intended goals to the
involve decisions to generate various in decision makers, or the decision makers
puts to achieve various outputs. These poli may be misperceiving the relations be
cies include allocating resources to places tween their decisions and their goals. For
or activities, deciding the degree of en example, if the optimum percentage of de
forcement for given policies, or deciding fendants to hold in jail prior to trial is 4%,
how much due process to provide to pro and the actual percentage is 27%, the devi
tect the innocent from being treated as if ation may be explained by noting that the
they were guilty while simultaneously ap optimum was arrived at by using societal
prehending and negatively sanctioning the costs, such as the costs of incarceration and
guilty. At least in theory, such policies lend lost gross national product. The actual de
themselves to determining an optimum al cision makers do not bear these holding
location of resources in which the nonlin costs, but they may be quite sensitive to the
ear marginal rates of return are equalized personal embarrassment of releasing a de
across places or activities or to determining fendant who fails to appear in court or
an optimum level at which the marginal commits a crime while released. The prob
benefits equal the marginal costs. In prac lem in these common circumstances is how
tice, it is often quite difficult to use the to internalize the external costs that the de
methods of operations research or related cision makers generate. Doing so may in
fields to determine the optimum levels be volve trying to generate some offsetting
Policy Theory | 141
society should be seeking to maximize soci consider nonmonetary benefits and mone
etal benefits minus societal costs in making tary costs simultaneously rather than
policy decisions. The concept of societal sequentially.
refers to the collective good in the sense of On a more specific level of generality,
such ideas as one can say that there are six subcriteria to
the overall criterion of maximizing societal
1. The greatest happiness for the greatest benefits minus costs. The first three are
number, as expounded by such utilitari sometimes referred to as the three Es be
ans as Jeremy Bentham and John Stuart cause they start with the letter E and are as
Mill and to a lesser extent by American sociated with the field of economics. They
pragmatists such as William James and consist of effectiveness, efficiency, and eq
John Dewey uity. Effectiveness refers to the benefits
achieved from alternative public policies.
2. Bringing up the bottom with regard to
Efficiency refers to keeping the costs down
those who are least well off, as ex
in achieving the benefits, generally as mea
pounded by John Rawls
sured by benefits divided by costs. Equity
3. Doing things that make everyone better refers to providing a minimum level of ben
off or at least no one worse off, as ex efits or a maximum level of costs across
pounded by Vilfredo Pareto persons, groups, or places.
The other three subcriteria are some
Benefits refer to whatever the society or times referred to as the three Ps because
its leaders or both consider desirable. Costs they start with the letter P and are associ
refer to whatever is considered undesir ated with the field of political science. They
able. Benefits and costs can refer to mone consist of public participation, predictabil
tary or nonmonetary effects. Benefits and ity, and procedural due process. Public par
costs are interchangeable concepts depend ticipation refers to decision making by the
ing on how they are worded. Thus, high target group, the general public, relevant
employment is a benefit, and high unem interest groups, or other types of decision
ployment is a cost, but they are the comple makers whose involvement appeals to our
ments or inverses of each other. It makes desire to use democratic procedures for
more sense to subtract costs from benefits achieving given goals. Predictability refers
in talking about overall goals than dividing to decision making by way of following ob
costs by benefits. The subtraction criterion jective criteria in making decisions so that
gives more of a net gain to one’s original as similar decisions would be arrived at by
sets when one project is better on B – C, but others following the same criteria. Proce
another is better on B/C. Other overall dural due process or procedural fairness
goals are also defective, such as (a) merely means those who have been unfairly
maximizing benefits without considering treated are entitled to have (a) notice of
costs, (b) merely minimizing costs without what they have done wrong, (b) the right to
considering missed benefits, (c) maximiz present evidence, (c) the right to confront
ing benefits subject to a maximum cost their accusers, (d) a decision maker who is
level, (d) minimizing costs subject to a min not also an accuser, and (e) an opportunity
imum benefit level, or (e) maximizing for at least one appeal.
change in benefits divided by change in On an even more specific level of gen
costs. The last alternative is only a means erality, societal values manifest themselves
to maximizing benefits minus costs. The in specific policy problems, such as how
third and fourth alternatives are sometimes to deal with unemployment-inflation, en
justified because benefits and costs are vironmental protection, poverty, crime,
often measured on different dimensions. health care, freedom of communication,
There are meaningful ways, however, to world peace, and reforming government
Policy Theory | 143
structures. The goals of societal values at Knowledge, Causes, and Norms (Westport, CT:
this level may refer to specific aspects of Greenwood, 1990).
the three Es or the three Ps, such as (a) in 3. On conceptual theory in policy evalua
creasing effectiveness by reducing unem tion, see Phillip Gregg, ed., Problems of Theory
in Policy Analysis (Lexington, MA: Lexington
ployment and pollution, (b) increasing effi
Books/Heath, 1976); William Dunn, ed., Policy
ciency by reducing the tax costs of public Analysis: Perspectives, Concepts, and Methods
aid and defense spending, (c) increasing (Greenwich, CT: JAI, 1986); and Yehezkel Dror,
the equitable distribution of crime preven “Basic Concepts in Policy Studies,” in Encyclo
tion and health care, (d) increasing public pedia of Policy Studies, ed. Stuart Nagel (New
participation in freedom of communica York: Dekker, 1994).
tion and the reforming of government 4. On the theory of knowing in policy evalu
structures, (e) increasing predictability and ation, see William Dunn, Public Policy Analysis
stability in crime prevention and the busi (Englewood Cliffs, NJ: Prentice Hall, 1992);
ness cycle, and (f) increasing procedural Stuart Nagel, Evaluation Analysis With Micro
due process in the administration of gov computers (Greenwich, CT: JAI, 1989); and
Jack Rabin and Edward Jackowski, eds., Hand
ernment programs and criminal prosecu
book of Information Resources Management
tion.6 (New York: Dekker, 1988).
5. On causal theory in policy evaluation and
policy studies, see Thomas Dye and Virginia
Gray, eds., The Determinants of Public Policy
(Lexington, MA: Lexington Books/Heath,
NOTES
1980); Judith May and Aaron Wildavsky, eds.,
The Policy Cycle (Beverly Hills, CA: Sage,
1. On general aspects of policy theory, see 1978); and Helen Ingram and Dean Mann, eds.,
Fred Frohock, Public Policy: Scope and Logic Why Policies Succeed or Fail (Beverly Hills, CA:
(Englewood Cliffs, NJ: Prentice Hall, 1979); Sage, 1980).
William Dunn, ed., Values, Ethics, and the Prac 6. On normative theory in policy evalua
tice of Policy Analysis (Lexington, MA: tion, see Frank Fischer and John Forester, eds.,
Lexington Books/Heath, 1982); Stuart Nagel, Confronting Values in Policy Analysis: The Poli
Policy Studies: Integration and Evaluation tics of Criteria (Newbury Park, CA: Sage, 1987);
(Westport, CT: Greenwood, 1988); and Louise Ronald Cohen, ed., Justice: Views From the So
White, “Values, Ethics and Standards in Policy cial Sciences (New York: Plenum, 1986); Paul
Analysis,” in Encyclopedia of Policy Studies, ed. Diesing, Science and Ideology in the Policy
Stuart Nagel (New York: Dekker, 1994). Sciences (Chicago: Aldine, 1982); and Stuart
2. Modified from Stuart Nagel, ed., Policy Nagel, Public Policy: Goals, Means, and
Theory and Policy Evaluation: Concepts, Methods (New York: St. Martin’s, 1984).
CHAPTER 21
Building Frameworks
145
146 | Basic Concepts
Definition
Identify primary, secondary, and methodological terms to be defined.
Brainstorm
Produce a flood of suggestions, statements, and relationships.
Distillation
Break complex and compound statements down into simple ones.
Ordering
Create a set of statements by ordering by type, eventually clustered around main concepts.
Establish a genealogy.
Backward test
Verify for completion and parsimony by moving from last-generation proposition to
assumptions.
Operationalize
Transform essentialist definitions of hypothesis into observable, measurable operation.
Apply the theory to an actual country’s politics.
Illustration
Illustrate the theory and the empirical hypotheses to the particular case of a country’s
policy to the hypothesis and, indirectly, the theory.
nitions can be improved. These criteria are The result is a motley assortment of rag
convenience, freedom from normative con ged, inconsistent, needlessly complicated
cerns, verifiability, and precision. More statements in much greater numbers than
over, neither prescriptivist nor contextual are necessary. In fact, a beginner might pro
ist definitions suit the study of policy. duce 10 times as many statements as can be
Essentialism is not without its problems, included in a theory. Nevertheless, the
however. First, it tends to rely on meta more raw material, the better the theory. A
phors: “Metaphors are apt or inapt, illumi brainstorm should be a flood of ideas for
nating or misleading, according to two cri which accuracy or elegance mean little.
teria: (a) the number and importance of the There will be time to check and double-
known points of resemblance between the check later. The important thing is to get
things compared and (b) the number and started and to stop only when intuition (or
importance of previously unnoted facts exhaustion) prompts.
suggested by the metaphor.”1 Second, there
is a greater risk of syllogism with essen
tialist definitions than there is with either DISTILLATION
prescriptivist or pragmatic-contextual def
initions: “Too often, a single term has been Distillation is the reiterative process of
used to symbolize different concepts, just adding, subtracting, classifying, revising,
as the same concept has been symbolized and clarifying statements. It is governed by
by different terms.”2 For instance, the the a series of checks and balances. For the
ory uses values in the same way that “value purpose of explanation, distillation can
systems” is used by the Parsonian school be divided into a three-step process: (a)
or ideology is used in political culture. Syl Various types of statements are distin
logism can also be a problem for meth guished; (b) statements are refined, usu
odological terms: The theory uses “as ally by breaking them down into a simple
sumption” the way other scholars use standard format; and (c) statements are
“postulate” or “premise.” checked for accuracy.
I am writing a book titled Analyzing and Two distinctions can be made about
Building National Policy: France as a Case statements—between types of statements
Study. It guards its definitions against and between types of propositions.
essentialist problems in two ways: first,
it submits the theory to stringent and
detailed tests for internal consistency. Sec Types of Statements
ond, it develops the definitions by rigor
ously applying Sartori’s rules of defini The main test for internal consistency is
tions. what philosophical logic calls the back
ward test. The backward test ensures that
every statement is in its proper place rela
BRAINSTORM tive to other statements. That position de
pends on the role of a particular statement,
A brainstorm is by definition unpredict and that role depends in turn on the type of
able: It produces raw insights that need to statement. There are five types of state
be reworked to be of any use. It can be done ments—assumptions, conditions, hypothe
by a single scholar or by a team. It should ses, propositions, and definitions—that
happen mostly at the start of the process, can be distinguished by their respective
but it is really always happening. It needs characteristics.
some inspiration—a question of particular Assumptions are the most basic state
interest, an abstract phenomenon, or a ments. They provide the foundation on
complicated or subtle idea. which other statements build. There is usu
148 | Basic Concepts
ally significant agreement among scholars ses must be deductive: They must be logi
on either the truth or the plausibility of as cally necessary derivations of propositions,
sumptions, but they cannot be proven di which means that each hypothesis must be
rectly because they are philosophical in successful (i.e., that it must be possible to
content. They must, however, meet three work through every statement from as
requirements: (a) Assumptions must be sumptions to hypotheses and back again,
logical (i.e., meet various formal require without finding a gap or skipping a state
ments of logic), (b) assumptions must be ment). Second, hypotheses generated by
epistemic (i.e., be consistent with prevail this theory must be probabilistic: Although
ing conventions about knowledge), and (c) the assumptions formally imply them, the
assumptions must be substantive (i.e., ad assumptions are probabilistic about indi
dress some sort of content). The easiest vidual events or single occurrences. Third,
way to recognize an assumption is to hypotheses are teleological (i.e., they per
search for its origin: If it is derived from form one or more functions in maintaining
any other statement, then it cannot be an certain traits of a system).
assumption. Propositions are divided into genera
A condition’s role is to reduce the scope tions depending on the statements that in
of a theory. It does so by specifying which spired them. The first generation is de
events can be included in the study, such as duced from assumptions and conditions,
including policy choices but excluding de the second generation from at least one
cisions about means and ways; by singling first-generation proposition, the third
out particular phenomena for study (e.g., from at least one second-generation prop
decision-making processes, but not plan osition, and so on. Successive generations
ning or programming); by setting spatial or mold the theory increasingly more closely
temporal limits, such as studying only deci to the original phenomenon, moving from
sions made by France between 1955 and the general to the specific, the theoretical to
1970; and, indirectly, by focusing on cer the empirical (or the more theoretical to the
tain aspects of the research design. less so), or the abstract to the concrete.
Latter-generation propositions can eventu
ally be operationalized. For the theory to
Types of Propositions be tested for consistency, the statements
must all be of the same format. The basic
If assumptions are the infrastructure of format uses only one verb to link two phe
the theory, then propositions are the super nomena: No complex propositions and no
structure. Propositions are deduced from compound sentences are used. While state
earlier statements, usually other proposi ments are being broken down into the basic
tions. In theory, a scholar could develop format, it is important to keep track of
propositions ad infinitum, but in practice every statement’s origin. The basic test for
the capacity to integrate propositions is al accuracy involves deriving propositions
ways limited, sometimes extremely. that contradict existing propositions or
Empirical hypotheses are propositions that are obviously false.
in operational language that can be investi
gated by empirical research. By their very
nature, hypotheses are impossible to con ORDERING THE STATEMENTS
firm absolutely. Evidence supporting them
can mount so much that they are generally It is possible that portions of the theory
regarded as being verified, but it is still pos have been displayed in orderly successive
sible to encounter evidence to disprove it. generations already. The rest also have to
Hypotheses, like assumptions, should be displayed systematically for the theoret
meet several requirements. First, hypothe ical work to proceed. Once this representa
Building Frameworks for Policy Analysis | 149
tion is complete, it is possible to test the parsimony, and the ability to predict or ex
theory for internal consistency. plain phenomena or both. These criteria
now enjoy a broad acceptance within the
discipline, even though they leave a great
BACKWARD TEST deal to the imagination. The method of the
ory building outlined previously is geared
The backward test is imported from philo to meet the following interpretation of
sophical logic. First, some method of sche Waltz’s five requirements.
matic representation, such as cell dia Solid definitions and consistent termi
grams, is chosen. Symbols are assigned to nology are the key to clarity. It is easier to
each type of statement, and then the gener be consistent than it is to use rigorous defi
ations of propositions are determined. The nitions because definitions rarely inspire
theorist moves through the statements’ any kind of consensus in social science. In
template from the late-generation through addition to terminology, the meaning of
the first-generation propositions to condi each statement has to stand on its own mer
tions and assumptions using the cell dia its and also do so in the context of other
grams or other kinds of abstract represen statements. Both distillation and the back
tation. ward test ensure clarity.
It is almost impossible for a theorist to
check the accuracy of his or her own work.
OPERATIONALIZATION A process as mechanical as possible is one
solution, such as asking “Is it possible to
There are three possible outcomes to deduce propositions that contradict each
operationalizing the theory. It can produce other, from an identical set of statements?”
feedback that leads either to confirmation or “Is it possible to deduce propositions
of the empirical hypothesis, which is un that are patently untrue (such as reversing
likely, or to adjustments of the theory. the law of gravity or the cycles of the
If the theory needs to be adjusted, this moon)?”
can mean one of two things. Either na Waltz does not mention it directly, but
tional values are not one of the key factors for a theory to be accurate it also has to be
in determining national strategies and the complete. This theory is judged to be com
hypothesis is rejected, or only minor ad plete if it can generate plausible empirical
justments are necessary. Should the hy hypotheses from the statements included
pothesis be rejected completely, the theory and if each proposition is supported by
can be changed to suit a new independent other statements. This is a second use for
variable using the same method used to the schematic representation, or template,
build the theory in the first place. More of the theory. The template’s role is to rep
over, the backward test provides all the resent the entire theory, making it obvious
necessary details about assumptions, con where there are gaps. The template makes
ditions, and propositions needed to make any superfluous statements just as obvious,
these changes. After all, changes to theory ensuring parsimony.
are par for the course once empirical re Ensuring clarity or accuracy may be
search has begun. very technical, but it is actually easier than
There are no criteria specific to policy by trying to make the theory elegant. Elegance
which to judge theory, but there are criteria is the least tangible of Waltz’s require
for the theory of international relations ments, and in some ways it is the most im
due to the work of Kenneth Waltz. When portant. Few scholars will be interested in
Waltz launched his own theory of interna the theory unless it has elegance. Although
tional relations in 1979, he listed the fol classics of strategy, the root of policy analy
lowing criteria: clarity, accuracy, elegance, sis, provide some models, they do not pro
150 | Basic Concepts
vide any real guidance. André Beaufre’s a minimum of effort. This economy of the
work has a carven simplicity that allows audience’s effort is the most desirable char
the reader an economy of effort. This kind acteristic for theory, and this balance of
of simplicity is a move in the right direc melos and opsis is what elegance is about.
tion, but there is more to it than that or ele
gant theories would all be relatively simple.
There are many scholars, such as Raymond
Aron or Zeev Maoz, whose theories are not
simple at all, but they have an undeniable NOTES
elegance.
Elegance, I suggest, is actually a balance 1. Abelson, Raziel, “Definitions,” in The
between the images created in the mind’s Encyclopedia of Philosophy, ed. Paul Edwards
eye and the sound created in the mind’s ear. (New York: Macmillan/Free Press, 1967), 315.
When image and sound strike some sort of 2. Merton, Robert K., Social Theory and So
balance, the theory can be understood with cial Structure (New York: Free Press, 1968), 74.
CHAPTER 22
Causal Relations
Among Policy Fields
Economy Affects Technology. When the Prosperity Has an Effect on Political Prob
economy is prosperous, business firms lems. People turn more readily to extreme
spend more money on research and devel politics in times of depression or runaway
opment. They less money in times of reces inflation.
sion, as is currently occurring in Japan.
Technology Affects Social Relations. Re
Prosperity Affects Social Relations. This productive technology can affect family
includes the divorce rate and the crime planning. New technology means new edu
rate. Also, people may have more leisure cation and leisure time devices, such as
time in times of recession because of unem television, videotapes, and computers.
Causes
Effects Economic Technology Social Political
Economic 7 8 9
Technology 1 10 11
Social 2 4 12
Political 3 5 6
151
152 | Basic Concepts
New technology may affect methods used Economic and technology fields are es
by both criminals and the police. pecially relevant to prosperity. Social and
political fields are especially relevant to de
Technology Affects Politics. It does so by mocracy. International and legal fields are
providing new ways of campaigning for of especially relevant to foreign and domestic
fice and thereby creating campaign finance peace.1
problems.
Social Institutions and the Economy. Eth A win-win on housing, allowing diversity of
nic relations and immigration have an up public housing tenants.
lifting effect on the economy but also a dis —New York Times editorial, 1998
placing effect. Education is important for
uplifting the economy. Crime, such as A win-win offer from Headset Discounters.
drug-related crime, can have an adverse ef —A customer testimonial
fect on the economy by diverting many re
sources.
The whole idea is to get a win-win situation
for the government and Lockheed.
Politics and the Economy. Politics and
—General Richard Davis, the Pentagon
public policy can stimulate the economy,
especially by way of stimulating new tech
A win-solution by publicizing sponsors of
nologies and education.
the IPSA convention.
—John Trent, IPSA convention chair
Social Relations Affect Technology. This
includes especially education, which
Elia Kazan could have condemned both Sta
makes it possible to benefit from new tech
linism and HUAC in his New York Times ad,
nologies and to invent them in the first
instead of just Stalinism.
place. Inventiveness may begin at an early
age, before formal education. —Victor Navasky, The Nation
METHODS AND
PROFESSIONALISM
CHAPTER 23
Diverse Methods for
Policy Analysis
155
156 | Methods and Professionalism
One form of MCDM is policy/goal 5. The need for simplicity in drawing and
percentaging. It relates policies to goals presenting conclusions in view of such
and uses part/whole percentaging to deal multiplicity
with goals that are being measured in dif
ferent ways.2 Mathematical optimizing tends to
The five perspectives on public policy
analysis emphasize methodology rather 1. Obliterate multiple goals by forcing a sin
than substance. They are related to various gle objective function
standard disciplines, however. Mathemati
cal optimizing clearly relates to mathemat 2. Wastefully find missing information or
ics but also to engineering (because it is a make wrong assumptions
part of industrial engineering) and business 3. Allocate through classical calculus opti
(because it is a part of management sci mization, although even approximately
ence). Econometrics is fundamental to con accurate elasticity coefficients may not be
temporary economics. Quasi-experimental available
analysis is associated with the psychology
4. Be paralyzed by conflicting constraints
of Donald Campbell, the sociology of Peter
Rossi, and the educational evaluation of 5. Be needlessly complicated in drawing and
the American Evaluation Association. The presenting conclusions
behavioral process approach goes to the
heart of the behavioral and the process Compared to MCDM prediction, ec
orientation within political science. These onometric or multivariate statistical analy
orientations can be contrasted to the legal sis also tends to be needlessly complicated
istic, journalistic, historical, and philo without having the offsetting benefits of in
sophical orientations that preceded them creased empirical validity.
and to the postbehavioral policy concerns Quasi-experimentation (like mathemat
that followed them. MCDM cuts across all ical optimizing and multivariate statistical
social science disciplines because they all analysis) may be useful in some circum
involve people or other entities choosing stances. Often, however, there are no
among alternatives in different subject meaningful experimental group, control
matters in light of multiple goals. group, “before” data, or “after” data.
Quasi-experimentation also requires the
possible harmful adoption of the experi
mental policies before they can be tested,
CRITERIA FOR EVALUATING in contrast to a deductive modeling ap
THE PERSPECTIVES proach.
Behavior process analysis is valuable for
Key criteria that can be used for evaluating sensitizing policy analysis to the impor
these diverse perspectives relate to how tance of political feasibility, but the best pol
well they handle frequent obstacles to sys icies are not simply those that are feasible.
tematic public policy evaluation, including Multicriteria decision making (with its
explicit emphasis on multiple goals, con
straints, policies, relations, and the system
1. Multiple dimensions on multiple goals
atic drawing of conclusions) is generally
2. Multiple missing information the approach that can best handle the five
key methodological problems.
3. Multiple alternatives that are too many to
The most exciting recent occurrence
determine the effects of each
concerning these perspectives is the devel
4. Multiple (and possibly conflicting) con opment of meaningful and easy-to-use
straints microcomputer programs for mathemati
Diverse Methods for Policy Analysis | 157
cal optimizing, multivariate statistical ica, 1979); Alexander Mood, Public Policy In
analysis, quasi-experimentation, process troduction to Policy Analysis (Amsterdam:
simulation, and especially MCDM. This North-Holland, 1983); and Stuart Nagel, Public
software is helping to bring these diverse Policy: Goals, Means, and Methods (New York:
St. Martin’s, 1984).
perspectives out of the realm of method
2. On multicriteria decision making, see
ological theory and into the realm of useful Ching-Lai Hwang and Kwangsun Yoon, Multi
applications. The perspectives and the soft ple Attribute Decision Making: Methods and
ware are now in a state of rapid devel Applications (New York: Springer-Verlag,
opment, with new improvements being 1981); Milan Zeleny, Multiple Criteria Decision
adopted as a result of new experiences. Making (New York: McGraw-Hill, 1982);
These are especially exciting times to be in Ralph Steuer, Multiple Criteria Optimization:
the field of public policy analysis.3 Theory, Computation, and Application (New
York: John Wiley, 1986); Tom Saaty, Decision-
Making for Leaders: The Analytical Hierarchy
Process for Decisions in a Complex World
NOTES (Belmont, CA: Wadsworth, 1982); and Stuart
Nagel, Policy Analysis With Microcomputers
1. On diverse perspectives to public policy (Westport, CT: Quorum, 1988).
analysis in general, see Edward Quade, Analysis 3. For further details regarding diverse
for Public Decisions (Amsterdam: North-Hol methods for policy analysis including multi-
land, 1989); William Dunn, Public Policy Anal criteria decision-making, see Stuart Nagel, “Five
ysis: An Introduction (Englewood Cliffs, NJ: Great Issues in Public Policy Analysis,” in Hand
Prentice Hall, 1981); Duncan MacRae and book of Public Administration, ed. Jack Rabin,
James Wilde, Policy Analysis for Public Deci Bartley Hildreth, and Gerald Miller (New York:
sions (Lanham, MD: University Press of Amer Dekker, 1989).
CHAPTER 24
Interactive Policy Analysis
Process Methods for Policy Reform
Louise G. White
George Mason University
159
160 | Methods and Professionalism
sciences and neoclassical economics and lic sector rather than simply reduce it. For
urge that host governments need to begin example, to reduce the role of parastatals,
by “getting the prices right.” For example, it is not sufficient to simply offer assets for
analytic techniques based on macroeco sale on the open market; officials need to
nomic analysis predict that farmers are un create an environment that motivates indi
likely to use new technology if policy keeps viduals to enter the private sector and en
commodity prices low. Policy analytics are sure that they can perform effectively.
then used to propose devaluations of cur Third, observers are increasingly finding
rencies and reductions in subsidies as criti that economic development depends on the
cally important steps in stimulating devel education and health of the populace and
opment. on human resource development more gen
This economic emphasis on price incen erally. New technologies, for example, can
tives and on “stroke-of-the-pen” decisions, not simply be transplanted but depend on
however, is incomplete. It has become in an educated workforce. A fourth reason
creasingly evident that the process of for appreciating that implementing re
change requires a more complex and lon forms involves long-haul efforts is the need
ger term set of actions than originally to mobilize communities, particularly the
thought. Initially, the international com poor, to participate in growth opportuni
munity was attracted to economic policy ties. For example, officials in Zimbabwe
reforms precisely because they did not re have been promoting agricultural produc
quire the complex set of interventions and tivity through producer price increases and
assistance long associated with develop distributions of seed, fertilizer, and credit.
ment activities. It is increasingly clear, They have benefited enormously from lo
however, that although economic reforms cal farmer groups that encourage farmers
can trigger major changes in the economy, to use and share knowledge and offer assis
without additional implementing actions tance with marketing. They reach farmers
they will have uneven results. Macroeco not ordinarily reached through the Minis
nomic changes are not sufficient to gener try of Agriculture and create a demand for
ate growth and development. There is in information and government services by en
creasing interest in four additional sets of couraging the use of technical information.
activities: supporting investments, institu This broader perspective suggests that
tional development, development of hu policy reforms have the following charac
man resources, and social mobilization. teristics:
Macro policy changes are seldom put
into place as isolated actions. Rather, they 1. They typically require new ideas and
are part of a complex set of supporting ac ways of viewing problems as well as new
tions that the World Bank in 1988 termed roles and new activities.
“hybrid reforms,” a combination of mac
2. They require specific knowledge of local
roeconomic policies, investment strategies,
areas. They are not actions that can be ap
and project activities. The rationale is sim
plied across the board; they should take
ple. Price increases are unlikely to be effec
the local setting into account. Thus, they
tive unless complementary actions ensure,
need to draw on local and tacit knowl
for example, that credit is available, that
edge of those who are closest to the situa
roads and storage facilities are adequate,
tion.
that research is relevant to farmer needs,
and that extension services are available to 3. Such activities can be very threatening to
women producers. local officials, making it important to
A second change is an increasing realiza elicit the commitment and energy of those
tion that policy reforms require changes in who will be involved in carrying them
institutions or activities to reform the pub out. Shared ownership is particularly im
Interactive Policy Analysis | 161
portant when the changes are viewed as icy would be best or would produce the
being imposed by outsiders. most efficient results (Figure 24.1). Those
4. Such activities can be very complex. They interested in policy content usually draw
involve many interrelated actions, and on rational techniques and analytic tools
the results are highly uncertain. to improve the rationality of the design
process. Typically, these include statistical
5. They can easily overwhelm the capacity of analyses of large data sets and macroeco
organizations to collect relevant knowl nomic models that use cost-benefit analysis
edge and carry them out. to establish which policies will achieve the
most efficient result. Alternatively, one can
intervene in the process of decision making
TRENDS IN POLICY and in the ways in which information is
INTERVENTIONS collected, communicated, and analyzed.
What do we need to know? How can we
Policy analytics are useful but inadequate find this information? Who should be part
tools for helping us deal with these charac of the process? How can we include multi
teristics. The question is not simply what ple perspectives? This alternative emphasis
analytic techniques are appropriate to a assumes that it is important to ensure that
policy problem. Rather, the issue is how to effective processes and institutions are in
engage local officials in selecting, using, place for developing an adequate policy.
and supplementing analytic techniques. The process typically involves parties with
Such engagement is particularly important different levels of expertise, and partici
to the extent that policy changes require of pants may draw on different analytic ap
ficials to undertake entirely new activities, proaches including macroeconomic analy
adopt unfamiliar and perhaps threatening sis. Interventions try to alter processes or
roles, and design policies that will drasti institutions or promote new ones, and spe
cally curtail their operations or services. cific policy plans emerge from this process.
Thus, the analytics need to be part of a
broader learning process called interactive
analysis. There is evidence that donors are Method of Policy Intervention
moving in this direction.
A second dimension concerns the
method of intervening. Donors often at
Focus of the Policy Intervention tach strong conditions to their assistance—
specific activities that serve as benchmarks
One type of intervention focuses on pol to be carried out before another round of
icy content and asks what substantive pol funds is released. Although conditionality
162 | Methods and Professionalism
may be a useful way to counter domestic ties together to wrestle with problems and
political opposition to change, it poses consider policy options.
problems. It requires extensive monitor
ing, which can become an irritant. Leaders
may agree to conditions but then downplay Responsibility for Change
them during implementation. Conditions
tend to work best for specific actions or One perspective argues that govern
policy actions and less well for longer ments are poorly equipped to bring about
range sectoral adjustments. Another strat economic growth. There are several rea
egy relies more on collaboration to estab sons. First, to the extent that governments
lish new policies. These interventions can depend on political support, they are not in
be occasions for exchanging views on the a position to carry out the necessary
problems of economic development and changes because these will threaten their
also an opportunity to inform participants base of support. Second, governments are a
about untried strategies. Admittedly, col major source of inefficiency, if not corrup
laboration can include considerable ma tion. In the process of regulating activities,
nipulation and serve as a euphemism for they charge what economists call “rents,”
donor initiatives, but there are also in which in turn cause significant inefficien
stances in which good-faith efforts are cies in the economy and provide an oppor
made to have genuine collaboration. tunity for systemic corruption. Long-haul
sectoral reforms can make the problem
worse by providing an extended series of
Motivation for Change opportunities for officials to obstruct the
reforms. Although markets are not without
Policy studies applied to developing so problems, competitive and market-like ar
cieties have been heavily influenced by po rangements are more appropriate institu
litical economy. This approach assumes tions for carrying out public policies, and it
that policy actors pursue their interests in is important to promote privatization and
the political arena just as they pursue eco decentralization wherever possible. An al
nomic interests in the economic arena. ternative approach stresses that although
They are preoccupied with relatively nar market reforms are probably necessary, the
row and special interests and with maxi state will continue to have a positive role.
mizing their positions. The best way to Political institutions are needed to trans
overcome narrow policy solutions is to ac late values into policy goals, to ensure there
commodate as many interests as necessary is a social safety net, and to put in place the
to develop a feasible policy. Following this supporting activities needed to make the
logic, however, economic interests tend to reforms work.
be relatively stable, and one can expect Although debate continues on all four of
only modest or incremental changes. Those these dimensions, there is a trend to move
who use a political economy model gener toward the right on each dimension (Figure
ally predict that change will only occur 24.1). These developments are evident in
when crises occur and those in power are the emphases within the traditional policy
most vulnerable. An alternative approach analysis community, among those special
does not deny that interests play a major izing in interventions in developing na
role in the policy process but argues that tions, and in the activities of donor institu
there are additional forces at work—that tions such as the World Bank. For example,
problem solving, idea exchange, and policy a review of 55 World Bank sectoral-level
learning also take place. To the extent that reforms noted that reform packages were
they anticipate these developments, propo paying increased attention to such institu
nents search for opportunities to bring par tional issues as restructuring organizations
Interactive Policy Analysis | 163
Political negotiations
Implementation plans
clear, it is easy for them to be hostage to do has underestimated the role that ideas and
nors and external consultants. involvement in decisions can play.
Finally, there is sufficient time for this
process to take place; problems are not so
critical that change has to be put in place
Assumptions of the Model immediately from the top. Rather, those
above will provide support and time to ap
The model makes certain assumptions proach activities in new ways.
about both host officials and donor organi The model also makes assumptions
zations. First, it assumes that host officials about donors and expatriate groups. First,
will be willing to focus on policy problems it assumes that it is possible for donors to
rather than, or at least in addition to, pur focus on the core and logic of strategic
suing their organizational agendas. Much thinking without being engulfed in the de
of the literature indicates that a policy fo tails or complexity of the process. This as
cus is difficult to maintain, and that organi sumption is important because case studies
zations focus on their own structural document that it is easy for planning activi
needs. The literature on strategic interac ties to become cumbersome and unduly
tion assumes that officials are potentially complex.
concerned about issues and will respond to Second, donors can play what is in many
the opportunity to be part of a planning respects a dual role. Typically, donors will
process. have a particular policy concern and view
Second, it assumes that ideas are not point about the direction in which to pro
necessarily fixed and rigid. Officials and ceed. For example, donors clearly have a
community groups can respond to new strong preference for reducing the size of
ideas and ways of thinking about problems the civil service and for decentralizing and
and tasks. People are not just creatures of privatizing activities. An interactive ap
narrow political interests but can respond proach assumes that it is possible to com
to new information and new ideas. By ex bine these policy interests with assistance
tension, officials may entertain changes in in developing a planning process, even
their roles and responsibilities, even to the though participants may not pursue these
point of decentralizing or contracting out policy preferences.
some tasks. Finally, donor institutions can tolerate
Third, such change is most likely if offi the open-endedness and long time frame
cials are involved in analyzing and plan involved so that they can balance their need
ning their tasks. The implementation liter to be accountable within their own systems
ature has been so enamored with the with an emphasis on developing shared
importance of individual incentives that it ownership.
CHAPTER 25
Changing Policy Research
167
168 | Methods and Professionalism
Variables Present a
a. Variable 1: Did the relevant constitution or organic act expressly require districts of equal population
per representative? Variable 2: Was a territorial, state, or congressional apportionment attacked? Variable
3: Could less than 35% of the population choose more than 50% of the legislative membership involved?
Variable 4: Did a federal court or a state court decide the case?
following useful purposes in advancing po same as finding remedies for diseases or
litical science and public policy research in social problems, as is less frequently
the 1960s: noted.
The Middle:
the development of a computerized pro
Optimizing Redistricting
gram for maximizing the product of
equality ∂ compactness ∂ proportionality,
One defect in the previous research is with various exponent weights for each of
that it does not relate to who should get these three goals. The example here in
what, when, and how. In other words, the volves redistricting 90 of the 102 down
research may have predictive, explanatory, state Illinois counties. They originally con
or causal significance, but it lacks prescrip stituted 21 districts. Due to relative loss of
tive, evaluative, or normative significance. population since 1900, however, they were
The second kind of significance is espe entitled to only 18 districts by the 1970s.
cially associated with policy evaluation. The original 21 districts deviated from per
Table 25.2 shows some redistricting pol fect equality by as much as 39%. The 18
icy research in the 1970s. It is designed to new districts, however, deviated from per
indicate how a change can be made from a fect equality by a maximum of only 17%,
current districting pattern to a future which could have been reduced even fur
districting pattern in such a way as to mini ther by using units smaller than counties as
mize the average deviations from equality, building blocks.
compactness, and political party propor Doing an optimizing analysis of legisla
tionality while preserving continguity and tive redistricting in the 1970s served the
also minimizing disruption to incumbents. following useful purposes in advancing po
Equality is measured by all the districts litical science and public policy research:
having the same population as the total
population divided by the number of dis
tricts. Compactness is measured by how far 1. At that time, the use of computer model
the center of each precinct or other build ing for either optimizing or causal analy
ing block is from the center of the district. sis was new to political scientists, espe
Proportionality is measured by noting that cially in the fields of public law and
if the Democrats have 60% of the states’ public policy.
population, then they should dominate 2. The normative goals of political science
60% of the districts. Continguity refers to and public policy in the important sub
being able to walk from any point in the jects of redistricting and representation
district to any other point without leaving are goals such as equality, compactness,
the district. A major feasibility obstacle to proportionality, and stability. Trying to
redistricting plans is the opposition of in develop optimizing models stimulates
cumbent legislators or other politicians thinking about how to measure such nor
who generally like to minimize changes in mative goals. It also stimulates thinking
their number of constituents. This is true about how to develop alternatives for
even if the partisan percentages do not achieving those goals.
change because a new set of people even
from one’s own party means new work in 3. Good social and political science can be
constituency massaging. Such changes can can define as developing social and politi
be minimized while still satisfying other re cal knowledge that has important im
districting requirements by using the cur pacts on decision making. The redistrict
rent redistricting as a starting point for ing models developed in the late 1960s
making changes rather than starting with a and early 1970s have had important im
blank slate or a totally undistracted state or pacts. They have been used for redistrict
area to be redistricted. ing legislatures, courts, administrative
Achieving these goals and constraints is agencies, police departments, fire depart
quite difficult to do by hand. The research ments, school districts, business ware
from which Table 25.2 derives resulted in houses, and other geographical entities.2
170 | Methods and Professionalism
100 –
Population/Average (Population/Average)
District Population (%) (%)
Initial populations
1 147,422 86 14
2 150,690 88 12
3 168,140 98 2
4 133,812 78 22
5 149,010 87 13
6 143,613 84 16
7 189,044 111 11
8 161,031 94 6
9 129,738 76 24
10 171,475 100
11 161,161 94 6
12 146,539 86 14
13 155,360 91 9
14 159,562 93 7
15 131,886 77 23
16 152,402 89 11
17 122,491 72 28
18 122,368 72 28
19 104,349 61 39
20 131,842 77 23
21 121,201 71 29
Redistricted populations
1 163,768 96 4
2 147,422 86 14
3 164,024 96 4
4 150,991 88 12
5 157,275 92 8
6 165,966 97 3
7 189,044 111 11
8 165,314 97 3
9 200,412 117 17
10 156,936 92 8
11 161,161 94 6
12 161,078 94 6
13 172,383 101 1
14 151,325 89 11
15 192,299 113 13
16 196,346 115 15
17 176,356 103 3
18 181,036 106 6
Changing Policy Research | 171
Criteria
C L
Increase Black
Reduce Influence and
Alternatives Racial Divisiveness Representation
C
Color-blind districting (0%) + –
L
Proportionate districting (40%) – +
N
Safe black districts (20%) 0 0
SOS or win-win solution
At-large cumulating voting (40%) ++ ++
can influence. Deliberately arranging for tionate districting because many black
40% of the districts to be black majority votes are wasted creating safe black dis
districts, however, may be unconstitutional tricts. Incumbent black legislators tend to
in light of the latest Supreme Court deci favor safe black districts, but so does the
sions. Klu Klux Klan in Mississippi. This is so be
A neutral position might be to have as cause it results in fewer black legislators
many safe black districts as possible. A safe than proportionate districting provides,
black district means that the district is and it gives blacks less swing-vote influ
more than 60% black, in contrast to a ma ence than does color-blind districting.
jority black district, which is slightly more The objective is to employ a districting
than 50% black. The extra 10% provides system that is even less divisive than color
safety for black candidates running against blind districting and gives blacks even
white candidates because (a) the black more influence and representation than
turnout may be lower than the white turn does proportionate districting, especially if
out; (b) blacks in Mississippi and Chicago, proportionate districting is unconstitu
at least in the past, may have been fearful of tional and if it results in a relatively ineffec
recriminations if they voted for the black tive minority bloc in the legislature. Such a
candidate; and (c) blacks in Mississippi system is at-large cumulative voting with
and Chicago even today may think the three seats per district. All the candidates
white candidate will have more legislative run at large and represent the whole dis
influence than the black candidate. Safe trict, which minimizes divisiveness. Black
black districts are referred to as neutral be representation, however, may be more
cause in Chicago, Mississippi, and else meaningful than any single-member dis
where they result in the percentage of black tricting because of the cumulative voting.
legislators being between the 0% of “color Cumulative voting allows each voter to
blind” districting and the 40% of propor vote three ways: (a) 1 vote for each of 3
Changing Policy Research | 173
candidates, (b) 1½ votes for each of two virtually every district. A rule could be es
candidates, or (c) all 3 votes for one candi tablished that states that all major parties
date. The result is that one of the three must run at least two candidates to give the
elected representatives will be black if the voters some choice.
district has at least 17% blacks who cast all Thus, the major feasibility problem of
3 of their votes for the black candidate. cumulative voting (for simultaneously re
The black candidate may also receive ducing racial divisiveness and providing
some white votes, which means that blacks appropriate representation) is not that the
will be well represented without any gerry system is inherently too democratic or too
mandering. It also means that there will be undemocratic. The problem is that the sys
no deliberately segregated black majority tem is relatively unknown. It seems to be a
districts or white majority districts. All the truly American Midwest invention. It is
districts could be approximately 60% very simple and much fairer than the
white and 40% black, with two white rep method of single-member districts. It could
resentatives and one black one. All three, be a feasible win-win solution if the Su
however, are at-large representatives who preme Court would at least discuss it as an
represent the whole district. alternative to color-blind versus deliberate
Cumulative voting with three represen black majority districts. It could especially
tatives per district can also provide ap be a feasible win-win solution if the presi
proximately proportionate representation dent or Congress would endorse it. It pro
regarding political parties, ethnic groups, vides a minimum threat to incumbents be
gender, or other group characteristics that cause the number of legislators in a
can muster 17% of the vote. This occurs legislature would not have to change by
without having to use complicated and more than one or two. The only change
truly divisive proportional representation would be that the number of districts
lists that give undue pivotal representation would equal the number of legislators di
to minority political parties that get less vided by 3.3
than 17% or even less than 5% of the vote.
This kind of cumulative voting was used
for years in Illinois but then abandoned. CONCLUSIONS
Why was it abandoned? First, it was too
equitable for the politicians who wanted The purpose of this chapter is not so much
no substantial opposition. It was too equi to discuss the substance of black district
table in the sense that it provided for some ing, partisan districting, or districting in
intolerable Democratic representation in general. It is, however, quite difficult to
downstate Illinois and some intolerable meaningfully discuss research methods in
Republican representation in the Chicago the abstract without having some sub
area. Since the authoritarian one-party stantive concreteness. The research meth
days, American democracy has matured ods illustrated here are the those of (a) pre
enough to be able to tolerate such minority diction, explanation, or causal analysis;
party representation. At the same time, the (b) prescription, evaluation, or normative
system as applied was almost totally un analysis; and (c) win-win policy evalua
democratic. In downstate Illinois, the Re tion.
publicans would generally run two candi Referring to these as the old, the middle,
dates in each district, and the Democrats and the new does not mean that causal an
would run one. In Chicago, the Democrats alysis is obsolete. We still very much need
would generally run two candidates, and to know the effects of alternative policies.
the Republicans would run one. Thus, the We also need to know how to make certain
voters had no electoral choices because all desired effects or goals occur. Likewise,
three candidates would win by default in win-win policy evaluation does not make
174 | Methods and Professionalism
175
176 | Methods and Professionalism
2. They both had a strong concern for do What Are You Currently Implementing
mestic and international policy problems. to Make Your School Different From
Senator Dirksen was instrumental in pro Most Other Policy Schools?
viding President Kennedy with bipartisan
support for foreign policy and civil rights. The Dirksen-Stevenson Institute cur
Adlai Stevenson was ambassador to the rently does not offer courses for credit. In
United Nations and also governor of stead, it emphasizes noncredit seminars for
Illinois. interested faculty, community members,
3. They represent the best traditions of the
and students. It is also planning a series of
Republican party and the Democratic
brainstorming seminars. Participation in
party, respectively, and the best traditions
these teaching, research, and service activi
of American conservatism and liberalism.
ties can possibly result in independent
This fits well with the bipartisan win-
study credit at the University of Illinois.
win philosophy of the Miriam K. Mills
The research and publishing program is
Center.
oriented around the theme of global win-
win policy analysis. This is in contrast to
the usual research program of a policy
The following were initial activities of
school that tends to be a hodgepodge of
the institute:
miscellaneous individual research projects.
Win-win policy analysis, however, is appli
1. Having an all-university faculty seminar cable to any substantive or procedural field
one evening per week in the autumn of of public policy. It is a provocative or heu
1997 to cover a different area of public ristic tool for stimulating individual and
policy group brainstorming.
2. Buying a house on the Miriam K. Mills es The service mission of the Dirksen-
tate to be used by visiting faculty fellows Stevenson Institute emphasizes research
participating in public policy conferences and publishing designed to train the train
and to be used by postdoctoral students ers. This means holding win-win seminars
at APSA or ISA for political and social sci
3. Offering a community education pro
ence professors. It also means holding win-
gram in public policy controversies one
win seminars for middle- to upper-level
night per week in the spring of 1999
public administrators in overseas govern
4. Offering worldwide workshops in win- ments, especially Africa and Asia.
win policy analysis, including West Afri
can regional workshops involving 12
countries held in February 1999 What Are Your Plans for the Future?
5. Offering win-win policy analysis work
shops at annual meetings of relevant asso To expand our publishing activities, we
ciations, such as the American Political have invited policy papers from all the peo
Science Association (APSA) in September ple presenting papers at the annual meet
1998 and the International Studies Asso ings of (a) political science associations,
ciation (ISA) in February 1999 such as the International Political Science
Association, APSA, and Midwest; (b) pub
6. Working closely with the Policy Studies
lic administration associations, such as In
Organization in the publication of four
ternational Association of Schools and In
journals and other activities
stitutes of Administration, International
7. Working closely with the Miriam K. Mills Institute of Administrative Sciences, Na
Research Center in the publication of var tional Association of Schools of Public Af
ious books dealing with win-win analysis fairs and Administration, and the Ameri
and developing nations can Society for Public Administration
178 | Methods and Professionalism
(ASPA); and (c) public policy associations, These ideas for being more useful,
such as the Association for Public Policy however, may be limited by our location
Analysis and Management and the Policy and auspices. We might do better if the
Studies Organization (PSO). We received Dirksen-Stevenson Institute were located
more than 1,000 good papers in 1997. in Washington, D.C. It could then change
These resulted in the publication by Marcel its name, for example, to the Ronald
Dekker of a six-volume set on global eco Reagan-Jimmy Carter Institute. We would
nomic, technology, social, political, inter also welcome an affiliation with a major or
national, and legal policy and also the pub even a minor university. For nonscholarly
lication of other more specialized books. reasons that relate to petty academic poli
This approach can yield edited volumes on tics, we have been evicted after almost 40
numerous policy problems. We are also ex years from the University of Illinois, or one
panding the symposia that are edited by could say we have evicted the University of
others that are published in the Policy Illinois.
Studies Review or the Policy Studies Jour
nal. This expansion has occurred partly as
a result of no longer requiring any special THE THREE I’S
funding for symposia issues.
To expand our teaching activities, we What Is Your School Doing
date covered poverty, political reform, icy Studies Review, and Policy Evaluation
public budgeting, human rights, and pol (PE). The PE journal has recently added ar
icy analysis methods ticles by governors, cabinet members, and
prime ministers.
5. An annual volume titled Advances in De
velopmental Policy Studies (JAI)
A. SUBJECTS FUNDED
B C D E F G H I J K L M N O P Q R S T U
A2 X X X X X X X X . . .
A3 . . . X X X . . . . . X X X X . X . . .
A5 . . . . . . . . X . . . . . . . . X . .
A6 . X . . X X . X . . . . . . . . . . . .
A10 . X . X X . X . . . . X . . . . . X . .
A11 . X . . X . X . . . . . X . X . . . . .
A12 X X . X X . . . . . . X . . X . . . X .
A13 . X . X X X . X . . . X . . . . X . . .
B1 . . X . . X . X . . . . . . . . . X X .
B2 . . X . X X X X . . . . X . . X . X . .
B3 . . X . . X . X . . . . X . . . . . . .
B4 . . . . . . . . . X X . . . . X . . X .
B5 . . . . X X . . . . . . . . . . . . . .
B8 . . . . . . X . X . . . . . . . . . . .
B9 . . . . X X . . . . . X . . . . . . X .
C1 . . . X X X . . X X . X . . . . . X X .
C2 . . . . X . . X . . . . . . . . . . X .
C3 . . . . . . . . . . X X . . . . . . . .
C4 . . . . . . . . . . . . . . . . . . . .
C5 . . . . . X . . X . . . X X X X . . . .
C6 . . X . . . . . X . . X . . . . . . . .
C7 . . . . . X . . . . . X . . . . . . . .
C8 . X X . X . . X . X X . . . . . . . . .
C9 . . . . . . . X . . . . . . . . . . . .
C11 . . . . . . . . . X . . . . . . . . . .
C12 . . . . . X . . . . . . . . . . . . . .
C13 . . X . . . . . . . . . . . X . . . . X
C14 . . . . X X . . . . . . . . X X . . X . (contact board members regarding
policy search)
C15 . . . . . . . . . X . . . . . . . . . .
181
182 | Methods and Professionalism
B C D E F G H I J K L M N O P Q R S T U
D3 . . X . . . X . X . . . . X . X . . X .
D4 . . . . . . . . . . . X . . . . . . . . (Congress)
D5 . X . . X X X . X . . . X X . . X . . .
D6 . . X . . X X X X . . . . . . X . X . . (animal welfare)
E1 . . . . X . . . . X . X . . . . . . . . (philosophy)
E2 . X X . . X . X X X . . X . . X . . . .
F1 . . . . . X . . X . . . . . X X . X . . (children only)
F2 . . X . . X . X . . . . X . . . . X . .
G1 . . X . . X . X . . . X . X . . . . X .
developed countries)
G3 . . X . . X X . X . . . . . . X . X . . (substance abuse, disabled)
G4 . . X . . X . X . . . . X . . . . . . . (Northern California and Hawaii
only)
G5 . X . . X X X X . X . X . . . . X . X X
G6 . . X . . X . X X . . . X X X . X . . . (children and youth only)
G7 . . . . . . . . X . . . . . X . . . X . (teen pregnancy, criminal justice)
G8 . . . . X . . . . . . . . . . . . . . . (fellowship grants only)
G9 . . X . X X X X . . . . X X . . . X . .
H2 X X . X . X . . . . . . . . X . X .
H3 . . X . X X . . . . . . . . . . . . . X
H4 . . . X . . . . . . . . . . . . . . . .
I3 . . X . X X . . X . . . X . . X . . X . (California only)
I4 . . . . . . . X X . . . X . X . . . . .
J4 . . . . . X . . X . . . X . . . . . . .
J5 . . X . X X . X . . . X X . . X . . X .
K1 X . . . . X . . X . . . X . . . . . . . (leadership development)
K2 . X . . . X . . . . . . X . . . . X . .
K3 . . X . . X . X . . . X X . . . . . . .
L1 . . . . . . . X X X X . . . . . . . .X .
L2 . . X . X X . . X . . . . . . . . . . . (Indiana only)
science)
M1 . . . . . . . . . . X X . . X . . . . .
M2 . . . . . . . . X . X X . . . . . . X X
M3 . . . . . X . . . X . . X . . . . . . X
M4 . . X . . X . X . . . . X X X . . X . .
M5 . . X . . X . X . . . X . . . . X . . .
M6 . . X . . X . X . . . . X . . . . X . .
M8 . . X . . X . . X . . . X . . . . X . .
M9 . . X . . X . . . . . . X . . . . . . .
M10 . . . . X X X X . . . . . . . . . X . .
B C D E F G H I J K L M N O P Q R S T U
M12 . . X . X X X . X . . . X . X . . . . .
M13 . . . . . . . X . X X . X . . . X . . . (autism)
N1 . X X . X X X . . . X X . . X . . . X .
N2 . . . . . X . . . . . . . . . . . . . .
N3 . . . . . . . . X . . . . . . . . . . . (aging only)
N4 . . . X X . . . . . . X . . X . X . . X
N5 . . . . . X . . . . . . . . . . . . . .
N6 . . X . . X . X . . X . . . . . . X . . (especially journalism)
O1 . . . . . . . . . X . X . . X . . . . .
O2 . . X . . X . . . . . . . . . . . . . .
P1 . . X . . X . . . . . . . . . . . . . .
P3 . . X . . X . . . . . . X . . . . X . .
P5 . . X . . . . X . X . . . . . . X . . .
P6 . . X . . X . X . . . X . . . . . . X .
R1 . . . . . . . . X . . . X . . . . . X . (elderly only)
R3 X . . . X . . X . X . . . . . . . . . .
R4 . . . . X X . . . . X . . . X . . . . .
S1 . . X . . X . . . . . . X . . . . X . .
S2 . . . . . . . . . X . . . . . . . . X .
S3 . . X . . . . . X . . . . . . X . X . . (especially Chicago)
S4 . . . . . . . . . . . . . . . . . . X .
S5 . . X . X X . . . . . . X . . . . X . .
S8 . . . . . . . X . . . . . . . . . . . . (history)
T1 . . X . . X . X . . . . X . . . . X . .
T2 . . . . X X . X . . . X . . . . . . . . (as relates to Latin America, Iberia,
Antartica)
U1 X . . . X X . . . X . X . . . . . . . .
U3 . . X . . X . . . . . . X . . . . X . X
U4 . . . . . X . . . X . . . . . . . . X .
NOTES:
B = agriculture L = speech and civil liberties
C = cross-cultural M = government
D = culture and arts N = health and biomedical
E = dispute resolution O = housing
F = economic regulation and development P = legal and civil justice issues
G = education Q = minorities and discrimination
H = employment and job training R = population
I = environment and energy conservation S = poverty and welfare
J = family, elderly, and youth T = public policy
K = foreign relations, national defense, and world peace U = science and technology
184 | Methods and Professionalism
B. ADDRESSES
A2 = Administrative Conference of the U.S., 2120 L St., NW, Ste. 500, Washington, D.C. 20037.
A3 = Aetna Life & Company Foundation, 151 Farmington Ave., Hartford, CT 06156.
A5 = American Defense Institute, 214 Massachusetts Ave., NE, P.O. Box 2497, Washington, D.C. 20013.
A6 = American Express Philanthropic Program, American Express Plaza Tower, New York, NY 10285.
A11 = AT&T Foundation, 550 Madison Ave., Room 2700, New York, NY 10022.
B7 = Florence V. Burden Foundation, 630 5th Ave., Ste. 2900, New York, NY 10111.
B8 = Lynde & Harry Bradley Foundation, Inc., 777 E. Wisconsin Ave., Ste. 2285, Milwaukee, WI 53202.
C1 = Carnegie Corporation of New York, 437 Madison Ave., New York, NY 10022.
C2 = Mary Flagier Cary Charitable Trust, 350 5th Ave., Room 6622, New York, NY 10118.
C3 = Center for Study of Human Rights, 1108 International Affairs Bldg., New York, NY 10027.
C4 = Edna McConnel Clark Foundation, 250 Park Ave., New York, NY 10017.
C5 = Robert Sterling Clark Foundation, Inc., 112 E. 64th St., New York, NY 10021.
C7 = Conservation and Research Foundation, Connecticut College, Foundation Call Box, New London,
CT 06320.
C8 = Corporation for Public Broadcasting, 901 E. St., NW, Washington, D.C. 2004.
C9 = Council of Foreign Relations, 58 E. 68th St., New York, NY 10021.
C10 = Council on Liberty Resources, 1785 Massachusetts Ave., NW, Ste. 313, Washington, D.C. 20036.
C11 = Charles E. Culpeper Foundation, Inc., 10 Stamford Forum, Ste. 800, Stamford, CT 06901.
C12 = Cummina Engine Foundation, Mail Code 60814, Box 3005, Columbus, IN 47202.
C13 = Center for International Affairs, 1737 Cambridge St., Room 416, Cambridge, MA 02138.
D1 = Danforth Foundation, 231 S. Bemiston Ave., Ste. 580, St. Louis, MO 63105.
D2 = Shelby Collum Davis Center for History Studies, 129 Dickinson Hall, Princeton, NJ 08544.
D5 = William H. Donner Foundation, Inc., 500 5th Ave., Ste. 1230, New York, NY 10110.
D6 = Geraldine R. Dodge Foundation, Inc., 95 Madison Ave., P.O. Box 1239, Morristown, NJ 07962.
E1 = Earhart Foundation, 2929 Plymouth Bldg., Ste. 204, Ann Arbor, MI 48105.
E2 = Educational Foundation of America, 23161 Ventura Blvd., Ste. 201, Woodland Hills, CA 91364.
F1 = Foundation for Child Development, 345 E. 46th St., New York, NY 10017.
F2 = Frost Foundation, Ltd., 650 S. Cherry St., Ste. 205, Denver, CO 80222.
F3 = Lloyd A. Fry Foundation, 135 S. LaSalle St., Ste. 1910, Chicago, IL 60603.
G1 = Gates Foundation, 3200 Cherry Creek S. Dr., Ste. 630, Denver, CO 80209.
G4 = Wallace Alexander Gerbode Foundation, 470 Columbus Ave., Ste. 209, San Francisco, CA 94133.
G5 = German Marshall Fund of the U.S., 11 Dupont Circle, NW, Ste. 750, Washington, D.C. 20036.
G7 = Daniel & Florence Guggenheim Foundation, 950 3rd Ave., New York, NY 10022.
H2 = William & Flora L. Hewlett Foundation, 525 Middlefield Rd., Menlo Park, CA 34025.
H4 = Hoover Presidential Library Association, Inc., P.O. Box 696, West Branch, IA 52358.
H6 = Hudson River Foundation, 40 W. 20th St., 9th Floor, New York, NY 10011.
I1 = Institute for Research on Poverty, 1180 Observatory Dr., 3412 Social Science Bldg., Madison, WI
53706.
I2 = Inter-American Foundation, P.O. Box 9486, Arlington, VA 22209.
I3 = James Irvine Foundation, 1 Market Plaza, Spear Tower, Ste. 1715, San Francisco, CA 94105.
I4 = Ittleson Foundation, 645 Madison Ave., 16th Floor, New York, NY 10002.
J1 = Japan-U.S. Friendship Commission, 1200 Pennsylvania Ave., NW, Room 3416, Washington, D.C.
20004.
J2 = J. M. Foundation, 60 E. 42nd St., Room 1651, New York, NY 10165.
J3 = Robert Wood Johnson Foundation, College Rd., P.O. Box 2316, Princeton, NJ 08546.
J4 = Fletcher Jones Foundation, 1 Wilshire Bldg., Suite 1210, 624 S. Grand Ave., Los Angeles, CA 90017.
J5 = Joyce Foundation, 135 S. LaSalle St., Ste. 4020, Chicago, IL 60603.
K3 = Kresge Foundation, 3215 W. Big Beaver Rd., P.O. Box 3151, Troy, MI 48007.
L1 = Max & Anna Levinson Foundation, P.O. Box 125, Costilla, NM 87524.
L2 = Lilly Endowment, Inc., 2801 N. Meridian St., P.O. Box 88068, Indianapolis, IN 46208.
L3 = Henry Luce Foundation, Inc., 111 W. 50th St., New York, NY 10020.
M2 = John & Mary R. Markle Foundation, 75 Rockefeller Plaza, New York, NY 10019.
M3 = James S. McDonnell Foundation, 1034 S. Brentwood Blvd., Ste. 1610, St. Louis, MO 63117.
M6 = Richard King Mellon Foundation, 525 William Penn Place, 39th Floor, Pittsburgh, PA 15219.
M7 = Mexican-American Legal Defense & Educational Fund, 634 S. Spring St., 11th Floor, Los Angeles,
CA 90014.
M8 = Meyer Memorial Trust, 1515 SW 5th Ave., Ste. 500, Portland, OR 97201.
M9 = Mobil Foundation, Inc., 3225 Gallows Rd., Room 3D809, Fairfax, VA 22037.
M10 = Charles Stewart Mott Foundation, 1200 Mott Foundation Bldg., Flint, MI 48502.
M11 = M. J. Murdock Charitable Turst, P.O. Box 1618, Vancouver, WA 98668.
M12 = Metropolitan Life Foundation, 1 Madison Ave., New York, NY 10010.
M13 = John Merck Foundation, 11 Beacon St., Ste. 600, Boston, MA 02108.
N1 = National Endowment for Democracy, 1101 15th St., NW, Ste. 203, Washington, D.C. 20005.
N2 = National Endowment for the Humanities, 1100 Pennsylvania Ave., SE, Washington, D.C. 20506.
N3 = National Institute on Aging, 9000 Rockville Pike, Bldg. 31, Bethesda, MD 20892.
N6 = New York Times Co. Foundation, Inc., 229 W. 43rd St., New York, NY 10036.
N7 = Northwest Area Foundation, W. 975 First National Bank Bldg., St. Paul, MN 55101.
O1 = John M. Oliln Foundation, 100 Park Ave., Ste. 2701, New York, NY 10017.
O2 = Ottinger Foundation, 1601 Connecticut Ave., NW, Ste. 803, Washington, D.C. 20009.
P1 = Pacific Telesis Foundation, 130 Kearny St., Room 3351, San Francisco, CA 94108.
P2 = David & Lucille Packard Foundation, 300 2nd St., Ste. 200, Los Angeles, CA 94022.
P3 = PPG Industries Foundation, 1 PPG Place, Pittsburgh, PA 15272.
P4 = Pillsbury Co. Foundation, 200 S. 6th St., Pillsbury Center, Minneapolis, MN 55402.
P5 = Prospect Hill Foundation, 420 Lexington Ave., Ste. 3020, New York, NY 10170.
P6 = Pew Charitable Trusts, 3 Parkview, Ste. 501, Philadelphia, PA 19102.
R1 = Retirement Research Foundation, 1300 W. Higgens Rd., Ste. 214, Park Ridge, IL 60068.
R2 = Resources for the Future, 1616 P St., NW, Washington, D.C. 20036.
R3 = Rockefeller Bros. Fund, 1290 Ave. of the Americas, New York, NY 10104.
R4 = Samuel Rubin Foundation, 777 UN Plaza, New York, NY 100017.
S1 = Shell Oil Co. Foundation, 2 Shell Plaza, P.O. Box 2099, Houston, TX 77252.
S2 = Social Science Research Council, 605 3rd Ave., New York, NY 10158.
S3 = Sara Lee Foundation, 3 First National Plaza, Chicago, IL 60602.
S4 = Sarah Scaife Foundation, P.O. Box 268, Pittsburgh, PA 15230.
S5 = Dr. Scholl Foundation, 11 S. LaSalle St., Ste. 2100, Chicago, IL 60603.
S6 = Gardiner Howland Shaw Foundation, 45 School St., Boston, MA 02108.
S7 = Florence & John Schumann Foundation, 33 Park St., Montclair, NJ 07042.
S8 = L. J. Skaggs & Mary C. Skaggs Foundation, 1221 Broadway, 21st Floor, Oakland, CA 94612.
S9 = Spencer Foundation, 875 N. Michigan Ave., Chicago, IL 60611.
T1 = Texaco Philanthropic Foundation, Inc., 2000 Westchester Ave., White Plains, NY 10650.
T2 = Tinker Foundation, Inc., 55 E. 59th St., New York, NY 10022.
U1 = U.S. Information Agency, 301 4th St., SW, Washington, D.C. 20547.
U2 = U.S.-Japan Foundation, 145 E. 32nd St., New York, NY 10016.
U3 = USX Foundation, Inc., 600 Grant St., Room 2649, Pittsburgh, PA 15219.
U4 = U.S. Institute of Peace, 1550 M St., NW, Ste. 700, Washington, D.C. 20005.
W1 = Wenner-Gren Foundation for Anthropological Research, 220 5th Ave., 16th Floor, New York,
NY 10001.
Part 3
POLICY
EVALUATION
TRENDS
CHAPTER 28
Trends in Cross-Cutting
189
190 | Policy Evaluation Trends
tion, not just traditional criminal behav trend, especially the executive branch of
ior.1 government has increased in size, largely as
a result of the need for speed, technical spe
cialization, and a broader constituency.
GOVERNMENT STRUCTURES Stating that there has been an increase in
roles at the national level and in the execu
Table 28.2 summarizes some of the trends tive branch may tend to oversimplify be
in the roles of different levels and branches cause the policymaking role of states, cit
of government regarding the formation ies, legislatures, and courts has also
and implementation of public policy. The increased. It is also an oversimplification
overall trend is an increase in activity at all because it does not adequately recognize
levels and branches of government for rea that some public policy fields are very
sons mentioned in the following section. much in the domain of (a) the states regard
Within this overall trend, the national gov ing contracts, property, torts, and family
ernment has increased its role largely as a law; (b) the cities or other local govern
result of the increased geographical broad ments regarding zoning, sanitation, policy,
ness, complexity, and expense of public and schools; (c) the legislatures, such as
policy problems. Also within the overall taxing-spending policy; and (d) the courts
Cross-Cutting Procedural Policy Issues | 191
Level
National Increasing, especially on un Coordination and uniformity across
employment-inflation, foreign- states
defense policy, and civil liberties
States Increasing, but not as much, Coordinated across cities and
with an emphasis on criminal counties, plus being closer to
justice, property rights, and where programs are implemented
family relations
Cities Increasing, especially regarding Closer to where programs are
zoning, sanitation, police, fire, implemented
and schools
Branches
Executive Increasing, especially regarding Speed, unity, and possibly decisive
foreign-defense policy and unem ness
ployment-inflation
Legislative Increasing, but not as much, Debate and diversity of viewpoints
with an emphasis on taxing-
spending policy
Judicial Plateauing after previous Relative immunity from the pres
increases, especially in civil sures of reelection
liberties and liability
regarding free speech, criminal justice, and from a pure marketplace perspective, even
equal protection under the law.2 though the marketplace was substantially
more important a generation or two ago.
Thus, there is more government regulation,
PUBLIC-PRIVATE RELATIONS litigation, and use of subsidies and tax
breaks in all the major policy fields: labor,
Table 28.3 summarizes some of the trends consumer, free speech, criminal justice,
concerning various public-private sector merit treatment, government reform,
activities. The overall idea is that we are world peace/trade, poverty, education, en
moving away from the more extreme activ vironment, and health.
ities toward more pragmatic intermediate For example, labor was almost com
approaches. This can be seen at both ends pletely a marketplace matter until the
of the five-point continuum. The influence 1930s. The Supreme Court had held that
of the pure marketplace as an approach for minimum wage laws, maximum hour laws,
dealing with public policy matters has and child labor laws were all unconstitu
greatly lessened. If one looks at a list of pol tional. There were no laws for the Supreme
icy fields, none of them are being handled Court to hold unconstitutional regarding
192 | Policy Evaluation Trends
Pure marketplace Decreasing except where com Good for prices, quality, and
petition benefits consumers or safety where competition is
where government contracts present
out government functions
Subsidies and tax breaks Increasing to encourage Good where politically feasible
socially desired behavior and where discretion is allow
able
Litigation Increasing as injured persons Good for compensating injured
acquire more rights and persons, especially if on a no-
relations become more fault basis
anonymous
Government regulation Plateauing after previous Good for controlling practices
increases especially dangerous to others
Government ownership Decreasing in advocacy Good for activities that private
enterprise does not want to
conduct
There is also a trend toward an expert sys analysis as the most popular decision-aid
tems perspective that seeks to develop ing software.4
methods by analyzing how good decision
makers implicitly decide rather than by try
ing to deduce how they should decide in OVERALL TRENDS
light of unrealistic or unfeasible premises
or both that relate to calculus optimization The post-1985 period can be characterized
or mathematical programming. as one in which (a) there are higher goals
Specific trends relate to how to deal with for public policy, including the goal of sat
each of the six major obstacles to system isfying both liberals and conservatives; (b)
atic evaluation shown under Method in there are more positive incentives, more
Table 28.4. These trends involve moving sources of ideas among government levels
toward (a) multicriteria decision making and branches, and more pragmatic rela
rather than single objective functions, (b) tions between the public and private sec
variations on breakeven analysis to deter tors for achieving those goals; and (c) there
mine critical values of missing information is a trend toward multicriteria decision
rather than trying to devise expensive ways making and spreadsheet analysis.
to not have missing information, (c) the use Instead of talking in terms of goals,
of percentaging methods to deal with allo means, and methods, one could discuss the
cation problems, (d) an expansionist phi trends in policy studies in terms of sub
losophy to deal with conflicting con stance and process. With regard to sub
straints, (e) variations on if-then analysis stance, there has been a trend from a con
for multiple prediction, and (f) spreadsheet cern for how to allocate resources to a
194 | Policy Evaluation Trends
greater concern for how to increase the re Reform and Effective Government (Washing
sources to allocate. This trend can be seen ton, DC: Brookings Institution, 1985); David
in supply-side economics, industrial pol Walker, Toward a Functioning Federalism (Bos
icy, win-win mediation, and non-zero-sum ton: Winthrop, 1981); and Michael Reagan and
games. With regard to process, there has John Sanzone, The New Federalism (New York:
Oxford University Press, 1981).
been a trend from talking about the process
3. For further details on trends in the divi
of policy formation to talking more about
sion of labor between the public and private sec
the process of policy implementation.
tors, see Martin Rein and Lee Rainwater, eds.,
Along with implementation is a concern Public/Private Interplay in Social Protection:
for impact and how to improve impact or Comparative Study (Armonk, NY: Sharpe,
goal achievement (Table 28.5). 1986); David Linowes, ed., Privatization: To
ward More Effective Government (Washington,
DC: Government Printing Office, 1988); and
Dennis Thompson, ed., The Private Exercise of
NOTES Public Functions (New York: Associated Fac
ulty Press, 1985).
1. For further details on trends regarding in 4. For further details on trends regarding
centives to encourage socially desired behavior, methods of public policy evaluation, one can
see Barry Mitnick, The Political Economy of compare relevant books from the 1950s, 1960s,
Regulation: Creating, Designing, and Removing 1970s, and so on, such as Daniel Lerner and
Regulatory Forms (New York: Columbia Uni Harold Lasswell, eds., The Policy Sciences (Palo
versity Press, 1980); William Hamilton, Larry Alto, CA: Stanford University Press, 1951);
Ledebur, and Deborah Matz, Industrial Incen Raymond Bauer and Kenneth Gergen, eds., The
tives: Public Promotion of Private Enterprise Study of Policy Formation (New York: Free
(Washington, DC: Aslan Press, 1984); and Press, 1968); Irving Horowitz and James Katz,
Alfred Blumstein, ed., Deterrence and Incapaci Social Science and Public Policy in the United
tation (Washington, DC: National Academy of States (New York: Praeger, 1975); Nick Smith,
Sciences, 1978). ed., New Techniques for Evaluation (Beverly
2. For further details on trends in the divi Hills, CA: Sage, 1981); and Stuart Nagel, Evalu
sion of labor among levels and branches of gov ation Analysis With Microcomputers (Green
ernment, see James Sundquist, Constitutional wich, CT: JAI, 1988).
CHAPTER 29
Public Policy
in the 20th Century
195
196 | Policy Evaluation Trends
of inflation to dampen the economy. It is centives system can also be used to reduce
interesting that this kind of monetary pol inflation. In this regard, tax breaks can be
icy, which had been a radical proposal dur given to businesses and labor unions for
ing the Wilson administration, is now con not raising prices or wages. This has been
servative economics, especially associated discussed in the economic policy literature
with Milton Friedman. but not implemented. The inflation of the
The contribution of the 1930s was the early 1980s was dealt with mainly by in
explicit establishment of Keynesian eco creasing interest rates, but this may be too
nomic policy. It involves stimulating the costly an approach in terms of negatively
economy to reduce unemployment by de affecting economic growth.
creasing taxes and increasing government
spending. The opposite is to be done in
times of inflation to dampen the economy. Consumer Policy
Keynesian economics largely replaced Fed
eral Reserve monetary policy for dealing Prior to approximately 1910, consumer-
with the depression due to the fact that no business relations in the United States were
matter how low interest rates are and how controlled almost completely by the mar
much lending money is available, busi ketplace and a probusiness legal system. In
nesses are unwilling to borrow to expand the Woodrow Wilson years, the Clayton
their plants if they are currently operating Anti-Trust Act was passed. It was slightly
at substantially less than 100% of capacity. more consumer oriented than the previous
The contribution of the 1960s and later Sherman Anti-Trust Act, which empha
to the handling of unemployment and in sized protecting businesses from monopo
flation is the increasing adoption of a more lies, although businesses are important
focused incentives approach. Keynesian consumers for other businesses. More im
policy did not work well for dealing with portant was the establishment of the Fed
inflation of the 1960s or later because it eral Trade Commission and the Pure Food
is politically unfeasible to sufficiently in and Drug Administration, which had a def
crease taxes and decrease government inite consumer orientation. In the field of
spending. Worse is the fact that in the common law, Justice Cardozo of the New
1970s, we were faced with increased unem York Court of Appeals established the
ployment and increased inflation simulta principle that the consumer could sue man
neously due to the ability of businesses and ufacturers for defective products even if the
unions to keep prices and wages high even consumer had not dealt directly with the
though demand had decreased. Monetary manufacturer and even if the consumer
and Keynesian approaches advocate stimu could not prove the manufacturer was neg
lating the economy to deal with unemploy ligently responsible for the defect except by
ment and dampening the economy to deal circumstantial evidence. This was the be
with inflation, but both cannot be done si ginning of effective products liability litiga
multaneously. tion. Consumer rights were strengthened in
The more contemporary Reagan and the 1960s as a result of congressional leg
Carter administrations increasingly looked islation establishing the Products Safety
toward using a system of incentives to stim Commission. The common law courts also
ulate potential employers to hire the unem established the idea that a consumer con
ployed and aid to stimulate unemployed tract could be too unconscionable to be en
people to obtain jobs and training. The in forced and that consumers must be given
centives system can also help stimulate new minimum due process before they can be
technology and increased income, thereby subjected to product repossession or a lien
increasing the need to hire people. The in on their wages or property.
Public Policy in the 20th Century | 197
sional levels during the 1960s, gains were icy problems that had not previously been
achieved in (a) voting rights by abolishing salient. The first was environmental pro
the poll tax and racial malapportionment; tection. Prior to approximately 1970, peo
(b) criminal justice by abolishing discrimi ple tended to consider air, water, and land
nation in becoming a juror, lawyer, or a fills as virtually unlimited goods, unless
judge; (c) education by prohibiting legally they lived in an area in which there was a
required segregation and providing federal water shortage. After 1970, people became
aid to education that stimulates compli much more concerned with the public
ance with desegregation guidelines; and (d) health aspects of air pollution, water pollu
housing by prohibiting race and sex dis tion, and solid waste disposal. Federal leg
crimination in job activities. Any judicial islation was passed providing for standard
precedent or legislation that benefits the setting, permits, inspections, hearing pro
poor is likely to benefit blacks and vice cedures, and other rules designed to pro
versa, given the correlation between these tect the environment. Along related lines,
two policy fields. prior to 1970, energy was also thought of
as an almost unlimited inexpensive prod
uct. Since 1975, however, there has been in
Criminal Justice creased legislation designed to stimulate
energy conservation and regulate new
Regarding criminal justice, in the early forms of energy production, such as nu
1900s the Supreme Court first stated that clear energy.
the Bill of Rights was applicable to the
states, beginning with the principle against
double jeopardy. In the 1930s, right to Health Policy
counsel was established but only for capi
tal and serious felony cases. In the 1960s, Prior to the 1960s, health policy was
the important right to counsel was ex largely left to the marketplace and private
tended to misdemeanor cases, pretrial in charity. Probably the first major break
terrogation, and posttrial appeal. The es through with regard to government re
tablishment of the rule excluding illegally sponsibility was the establishment of
seized evidence on a nationwide basis also Medicare for the aged and Medicaid for the
occurred in the 1960s. This was also a time poor. Such programs might have been es
for bail reform, which involved releasing tablished sooner, but they required muster
more defendants prior to trial accompa ing sufficient public support to overcome
nied by screening, periodic reporting, noti the power of the American Medical Asso
fication, and prosecution for jumping bail. ciation. As the elderly have increased in ab
There were also increased experiments and solute and percentage terms, increased
concern for reducing delay in the criminal pressure has been placed on Medicare
and civil justice process. The Supreme funds. The idea of federal funding is now
Court established minimum rights for peo well accepted, and even the Reagan admin
ple on parole, on probation, or in prison. istration proposed federally funded cata
strophic health insurance. Someday, there
may be government-salaried doctors for
TECHNOLOGY AND Medicaid and Medicare patients, just as
SCIENCE POLICY ISSUES there are government-salaried lawyers un
der the Legal Services Corporation. Em
Environment and Energy ploying government-salaried doctors is
substantially less expensive to the taxpayer
At the end of the 1960s, there was an in than reimbursing the private health care
creased concern regarding two sets of pol providers.
Public Policy in the 20th Century | 199
people, and young people; (f) more techni ing, and judicial review; (h) better coordi
cal competence available through legisla nation of administrative agencies across
tive staffs; and (g) more open disclosure of different levels of government; and (i) more
activities of interest groups and income of freedom of information so that the public
legislators. An especially important reform can obtain access to administrative rec
for the future that relates to legislative rep ords.
resentation is the idea of expanding repre
sentation and participation to provide for
voter registration by way of the census and MUTUALLY
vote casting at any polling place in the BENEFICIAL RESULTS
country on election day.
At the judicial level or branch, reforms Table 29.1 summarizes some of the trends
include (a) free counsel for the poor in in specific policy fields. The main idea is
criminal and civil cases; (b) encouraging that there have been increased benefits for
out-of-court settlements through pretrial people who had few rights as of the base
procedures; (c) shifting cases away from years of 1910, 1930, or 1950. These people
the courts to administrative agencies; (d) have been the immediate beneficiaries of
computerizing court records for increased the policy changes. It is unduly narrow,
efficiency; (e) encouraging alternative dis however, to limit the analysis to those im
pute resolution through ad hoc arbitration; mediate effects. The longer term and
(f) clearer guidelines for more objective broader effects have generally also bene
sentencing and the determination of dam fited the dominant groups or the total soci
ages; and (g) higher standards for admis ety. For example, as indicated in Table
sion to the bar and the bench, with more 29.1, labor has benefited from better
emphasis on professional responsibility. wages, fewer hours, better working condi
An important reform for the future that re tions, the end of child labor, and a decrease
lates to the judicial process is the idea of se in race and sex discrimination. Also highly
lecting judges on the basis of their having important is the stimulus that labor poli
been specially trained and tested for the cies have had on encouraging the develop
bench in law school, like high-level civil ment and adoption of labor-saving tech
servants, rather than through a system of nology. As of 1980, the United States might
political appointment or election. still have been using slave labor or cheap
At the administrative level or branch, re immigrant labor and have been a back
forms include (a) increased emphasis on ward, low-technology country if it had not
hiring on the basis of merit rather than po been for the successful efforts of labor un
litical considerations; (b) more perfor ions and working-class people to increase
mance measurement and evaluation of the cost of their labor. Another result is that
government programs; (c) more profes the labor-saving technology has made la
sional training, especially in schools of bor more productive and more skilled. This
public affairs and administration; (d) a has the effect of increasing wages further,
lessening of elected department heads in thereby stimulating greater consumption
state government to provide better coordi and the creation of new jobs, especially in
nated control by state governors; (e) in service fields.
creased use of professional city managers Likewise, it can be seen from each of the
to supplement mayors at the municipal 11 policy fields in Table 29.1 that the initial
level; (f) improved grievance procedures, policy changes have tended in a direction of
collective bargaining, and working condi increasing the rights of the have-nots.
tions; (g) the development of the field of ad These have in turn stimulated benefits for
ministrative law for clarifying due process the total society, regardless of the policy
in administrative adjudication, rule mak field.
Public Policy in the 20th Century | 201
Policy Field Benefits for the Have-Nots Benefits for the Haves or All
Economic policy
Labor Better wages, hours, work Stimulus to labor-saving tech
ing conditions; no child nology; happier and more pro
labor; less discrimination ductive workers
Consumer More rights concerning Stimulus to providing better
product liability products and increased sales
Political-legal policy
Free speech More rights in politics, art, Stimulus to creativity
and commerce
Due process and More rights to counsel, More respect for the law
criminal justice notice, hearings
Equal treatment More rights to blacks, More equality of opportunity
women, and the poor on and allocation on the basis of
voting, criminal justice, merit
schools, employment,
housing, and as consumers
Government reform Less corruption, intimida More effectiveness and
tion, and incompetence efficiency
World peace and trade Increased standards of living Uplifted countries become
for developing countries good trading partners
Social policy
Poverty More rights as employees, The same rights apply to
consumers, tenants, welfare middle-class employees, con
recipients, and family sumers, tenants, and family
members members
Education More access to more More efficient economy from
education better training; less welfare
Science policy
Environment More rights with regard The same rights are important
to cleaner air, water, solid to all people
waste disposal, noise, radia
tion, and conservation
Health More access to medical help Includes catastrophic help from
which even the rich benefit
Economic problems
Unemployment Zero unemployment Zero unemployment plus a higher per
centage of adults in the labor force and
fully employed
Inflation Zero inflation Zero inflation plus increased benefits
for prices paid
Consumer Zero fraud Zero fraud plus giving useful informa
tion
Political problems
World peace Zero casualties Zero casualties plus world cooperation
Free speech Zero interference Zero interference plus providing a sup
portive atmosphere for innovative ideas
Government Zero waste and Zero waste and corruption plus creativ
corruption ity, popular participation, equity, and
due process
Social problems
Crime Zero crime Zero crime plus zero civil wrongdoing
and job wrongdoing
Poverty and Zero poverty and Zero poverty and discrimination plus
discrimination discrimination productive job satisfaction
Education Zero functional illiteracy Zero functional illiteracy plus rising to
one’s maximum, with broadness and
inquisitiveness in education
Science problems
Health Zero nonaging diseases Zero nonaging diseases plus health
robustness and greater longevity
Environment Zero pollution Zero pollution plus reclamation and
renewal
Table 29.2 does not indicate the trend in involve some reduction in goals to accom
defining goals for each policy problem. The modate problems that have become more
implication, however, is that if one goal is severe, such as pollution and drug-related
better than another, there would eventually crime.
be a trend toward the better goal. “Better” Table 29.2 is appropriate for this section
in this sense has a high level of generality, not so much because it indicates what will
such as the standard of the greatest happi be but because it implies what should be.
ness for the greatest number. There is a One can make a case that the world is get
trend toward higher goals, although this ting better on many important dimensions.
varies depending on the policy field. Goals This is a key idea of Table 29.1 on trends in
in civil liberties, education, and health are specific policy fields. It is even easier for
frequently being raised. Other fields may one to make a case that the world should be
Public Policy in the 20th Century | 203
EDITOR’S NOTE: This chapter is adapted from the “Report of the Futures Committee of the Policy Studies Orga
nization” chaired by Tom Dye. Committee members included Martha Derthick, Yehezkel Dror, Don Hadwiger, and
Alexander Hicks. This chapter deals with the committee’s advocacy that the Policy Studies Organization should be
come more involved in the three I’s of international, impact, and interdisciplinary. A key way in which the Policy
Studies Organization has done this is by way of newsletter journals. Developmental Policy Studies is international
oriented, Policy Evaluation is impact oriented, and Creativity Plus is interdisciplinary oriented.
205
206 | Policy Evaluation Trends
1. The purpose of this report is to clarify the nals and subsequent book-length publica
interdisciplinary training and publishing tions in the PSO series of Macmillan,
activities of the PSO. In this context, in Greenwood, or other PSO publishers.
terdisciplinary mainly means outside of Publishing can also include drafting arti
political science. It would also refer to re cles and book chapters dealing with pol
lating political science and other disci icy studies for inclusion in books pub
plines (or fields of knowledge) to public lished by people in fields other than
policy studies. political sciences.
2. The training activities mainly take the 4. This report is the third of three reports on
form of conducting workshops at the an the new interactions of the PSO. The first
nual meetings of scholarly or practitioner deals with international activities, espe
associations other than political science cially developing nations. The second
meetings. deals with government-impact activities,
3. The publishing activities mainly take the including administrators, legislators, and
form of developing relevant symposia for judges at international, national, state,
publication in the Policy Studies Journal, and local levels of government.
the Policy Studies Review, or other jour
Part 4
POLICY
EVALUATION
SUBSTANCE
CHAPTER 31
Welfare Reform
John Engler
Governor of Michigan
MICHIGAN WELFARE REFORM: come of $200 plus 20%, and give transi
A NATIONAL LEADER tional child care and medical coverage
when cash assistance stops due to earnings.
The goal of welfare reform is to reduce the In 1995, this program continued with the
number of families receiving assistance by addition of a new policy encouraging cli
requiring work and providing the tools for ents of Aid to Families With Dependent
them to become self-sufficient. In Mich Children to increase their earned income:
igan, we achieved that goal through the clients who did not seek employment or re
persistent application of commonsense training or both would have their grants
principles. Our Michigan reforms require and food stamps reduced by 25%. After a
personal responsibility, encourage employ 12-month period of noncooperation, their
ment, and involve the community. Due to cases would be closed, enforcing the point
reform, the number of welfare recipients in that welfare is a two-way street. Those in
Michigan receiving cash assistance has de need can receive public assistance if they
creased to below 200,000—the lowest are willing to become productive members
level since 1968. of the community.
The following year (1996) marked the
next exciting stage of welfare reform in
A BRIEF HISTORY Michigan—block grants as a part of fed
eral welfare reform. Block grants are an im
Our welfare reform strategy—“To Strengthen portant step in restoring federalism, shift
Michigan Families”—began in 1991 with ing money and power back to the 50
the elimination of general assistance for “laboratories of democracy.” Block grants
82,000 single, able-bodied, childless adults. promote greater simplicity, flexibility, and
In October 1992, the pace of reform accel efficiency in administering welfare pro
erated when Michigan earned several fed grams.
eral waivers. The waivers allowed us to We also changed the Michigan Depart
provide incentives to eliminate “marriage ment of Social Service into the Family In
penalties,” disregard earned monthly in dependence Agency (FIA). FIA clients are
211
212 | Policy Evaluation Substance
Charles H. Moore
Millsaps College
213
214 | Policy Evaluation Substance
mary dismissal violated the board’s own at the end, even denies me knowing the rea
precedents, it having had such hearings in son for my “termination” (contrary to
another similar case to mine in the 1980s. AAUP guidelines on faculty terminations).
The local AAUP president, in a letter to the How is any faculty member supposed to
board of trustees’ executive committee, in know what the institution expects regard
whose name the summary denials were ing job performance if the administrative
made, called this action “deeply shocking” officers and board implement a personnel
and destructive of academic community. policy such as in my case?
Why do I write about this? I do so partly What is the point? Weissberg (1998)
because of Weissberg’s (1998) character tries to draw some general lessons from
ization of the Nagel case: “There is scarcely Nagel’s travail at Illinois. They certainly
an academic alive who could not nervously are generally applicable to all faculty. First,
exclaim ‘Why, that could be me’ ” (p. 100). Weissberg says, nobody is safe—that is,
Partly, it is an expose of unethical, illegal there is no absolute secure protection from
personnel practices of academic admin incidents that can be manipulated to a fac
istrators that we must be reminded of oc ulty member’s disadvantage by a devious
casionally lest they proliferate further. administrator. In my case, rules were bent,
My unilateral termination breaks both broken, and made up. Why did I not enter
Millsaps and AAUP personnel policy rules formal grievances sooner? I can only say
and is exceedingly unfair. I was doing the that I had returned to my alma mater and
job I was hired to do. I have received merit was assuming the good will of all parties to
recognition in teaching, community ser personnel decisions at an institution my
vice, and personal research from division parents and I esteemed. It took me some
personnel committees while at Millsaps. I time to give up the assumption of good
compiled a record of meeting the new crite will. If other faculty can learn from cases
ria that were applied to me after a 6-year such as this, one lesson should be that one
probationary term as best I could. Now, I should not assume good will; document
have no way of presenting this new perfor and record everything having to do with
mance evidence because this process is one’s personnel case. I realize the cost of
summarily cut short by administrative de this to all concerned, but any other opera
cision (and board decision, on appeal), giv tional assumption is naïve at best.
ing me no way to present the additional Another lesson that Weissberg (1998)
performance evidence to the appropriate draws is that one should not count on
personnel decision-making bodies. Mod friends or outsiders to come to one’s rescue
ern personnel policy administration, aim once such an adverse personnel action has
ing to enhance employee performance, begun. In my case, happily this lesson does
calls for communication and mutual un not apply. It remains to be seen whether in
derstanding between employer and em ternal action by other faculty or active in
ployee regarding job performance evalua terest and oversight by outside agencies
tion criteria and evidence of performance. will make any difference to the ultimate
At Millsaps, to the contrary, beginning disposition of my case.
with my exceptional extension past the Weissberg’s (1998) last lesson is that
probationary time in April 1997, I have surrender only exacerbates. Surely, this is
had a series of surprises as rules have accurate. Attempts at appeasement, or
shifted, changed, and been made up. The quiet surrender, to such manipulation of
documentation of these surprises gives personnel policy surely only encourage the
every appearance of administrative offi administrators. Petty tyrants become em
cers’ effort to make up an adverse case boldened. Abuses become better executed,
against me to apply whenever they want. and more skillful, until abuses of personnel
President Harmon’s “terminal contract,” rules become institutionalized. Weissberg
216 | Policy Evaluation Substance
concludes by seeing little hope for chang whom administrators count on to pay little
ing such a pattern of abuses. This is why I attention to personnel rules, procedures,
write publicly about my case: Unless fac and practices (until too late), forewarned is
ulty members affected by such abuses stand forearmed. To begin to reduce such abuses,
up and document their cases, such abuses vigilance must begin in one’s own case and
will continue. This is difficult because fac with the involvement in personnel policy
ulty members are used to working (and suf administration at one’s home institutions.
fering) individually. Personnel disputes are
embarrassing, particularly when things
can be made up about individuals. Little
support for faculty members affected is
perceived until too late (“I might be next”). REFERENCE
If colleges and universities—in my case, a
church-related college—are to have ethi
cal, modern personnel systems, however, Weissberg, Robert, “Academic Tyranny: The
then unethical abuses and the use of out Tale and the Lessons,” Policy Studies Re
moded industrial personnel practices (“I’m view, 15 (1998): 99-108. [See also www.
president, and I can fire anybody I want”) u-reform.org]
must be exposed. For faculty members,
CHAPTER 33
Congressional
Campaign Reform
Robert K. Goidel
Indiana State University
Donald A. Gross
University of Kentucky
Todd G. Shields
University of Arkansas
EDITOR’S NOTE: This chapter is modified with permission from Robert K. Goidel, Donald A. Gross, and Todd G.
Shields, Money Matters: Consequences of Campaign Finance Reform in U.S. House Elections (Lanham, MD:
Rowman & Littlefield, 1999).
217
218 | Policy Evaluation Substance
nance laws since Watergate, is hardly sur position comes in the form of filibuster in
prising. It was no less surprising when the the Senate or, as in 1992, a presidential
103rd Congress (1992-1994) failed to en veto.
act campaign finance reform despite hav Third, public opinion on the issue is per
ing a president who promised to sign the missive but not demanding, meaning that
legislation. For Democrats, reform has al although there is broad public support for
ways been easier to pass when it was as reform, the issue is not highly salient to in
sured of a veto by a Republican president. dividual voting decisions. One might be
Nor was it surprising when, in 1995, the in tempted to conclude from opinion polls
famous handshake between Bill Clinton that politicians have not been responsive to
and Newt Gingrich not only failed to result public opinion on the issue of campaign fi
in reform but also never even resulted in a nance reform. This is only partly true. Pub
bipartisan commission to recommend so lic opinion polls routinely show that the
lutions. Many cynics would simply argue public favors some type of reform and that
that although campaign finance reform politics is dominated by special interests. It
rhetoric makes good politics, there are sim is considerably less clear as to whether pub
ply too many reasons why Congress is inca lic opinion would support full public fi
pable of passing meaningful campaign fi nancing, particularly once it is labeled
nance reform. “welfare for politicians” by opponents.
First, there are serious partisan and More important, although public opinion
ideological differences between Democrats polls show support for reform, they also
and Republicans regarding both the nature show that campaign finance reform is not
of the problem and the acceptability of var an issue that drives voting decisions for
ious solutions. As the party of smaller gov individual voters. The Republican Revo
ernments, Republicans are naturally in lution of 1994, for example, followed a
clined to oppose public funding of election Republican-led Senate filibuster of cam
campaigns. Mitch McConnell (Republi paign finance reform. Citizens may want
can, Kentucky) illustrates this type of op the system cleaned up, but they are not de
position to campaign finance reform. He is manding political action.
a staunch believer that such reform efforts Finally, many suggest that the Buckley
involve the government in free speech is decision and subsequent Court decisions
sues, in which the government does not establish a fundamental constitutional
rightfully belong. Other Republicans op wall that prevents the implementation of
pose reform for partisan as opposed to any meaningful campaign finance reform.
ideological reasons. Despite President Senator McConnell has been the leading
Clinton’s flouting of existing election laws, opponent of comprehensive campaign fi
it is the Republicans who reign supreme nance reform for many years. His strategy
as kings (and queens) of campaign fund- to stop such reform relies heavily on the
raising. As a result, limits on such activities Buckley decision. Not only does it give him
may cut into a clear partisan advantage en a theoretical justification for his opposi
joyed by the Republican Party. tion but also it has the practical appeal of
Second, many Democrats support elec suggesting that even if comprehensive re
tion reform primarily so that they can lay form were desirable (which, according to
claim to the “good government” mantle him, it is not), it makes no sense to pass leg
during election campaigns. Their interest islation that the Supreme Court will de
in true reform, however, is often less than clare unconstitutional. It is in many ways a
sincere. As a result, they may vote for re compelling logic, and the Buckley decision
form on the floor, but they also count on is an important impediment to comprehen
Republican opposition, whether such op sive campaign finance reform.
220 | Policy Evaluation Substance
Mike Huckabee
Governor of Arkansas
223
224 | Policy Evaluation Substance
never shows guilt or remorse and rarely has Fathers are male role models and, when
to explain his or her actions. Often, the they do their job right, they teach children
death of a human being is portrayed as important lessons moms cannot impart
something humorous, not horrible. alone. A mother can love her children, pro
Obviously, it is too simplistic to blame vide for their needs, and even teach them to
only the media. The old argument that the throw a baseball, but she cannot give her
media merely reflects society and does not son a living example of how a man should
shape it is wearing thin, however. Adver treat his wife, his children, and his neigh
tisers who paid $2 million per 30-second bors. Only a dad can show how a man can
spot during the final “Seinfeld” episode be strong without being savage, romantic
were not doing so to “reflect” anything. without being lustful, and competitive
They were hoping to directly influence so without being violent. Likewise, a father is
ciety, and they would not pay $2 million a the first, most important man in any
pop if it had not worked in the past. If tele daughter’s life. He teaches her important
vision can sell us cars, shampoo, and politi lessons in how to treat the opposite sex and
cal candidates, then during the course of 18 how to expect to be treated. After seeing his
years why can’t it sell a young person on high standard of manhood, a daughter is
the idea that violence pays? less likely to settle for someone who will
Media violence sows the seeds among use her for her body, beat her up, and then
young people, but it would not take root if leave her with children she will have to
they grew up in strong families in which raise alone.
values were stressed. Unfortunately, many
kids grow up in homes in which scenes of
violence and conflict are commonplace. WHAT TO DO?
Every year, 1 million children watch their
parents argue, fight, feud, and then finally Want to fix our kids? Let’s fix the culture.
divorce or separate. In 1996, 1 million chil Let’s make sure our children spend more
dren were abused or neglected. time exercising their minds and less time
vegetating in front of the television. Let’s
reward media outlets that uplift our society
FATHERLESS FAMILIES and refuse to patronize those that tear it
down. Let’s value moms and dads as much
Approximately one third of all births are to as we do quarterbacks and movie stars.
unmarried women. For the first time in our After the Jonesboro shootings, one of
nation’s history, we are trying to raise a the suspect’s fathers was asked what went
large part of our population without fa wrong. He said he and the boy’s mother
thers. Although there are many brave, lov were divorced, that he did not really know
ing, and committed single mothers, father his son very well, and that he could not
less children are five times more likely to be imagine what happened. This statement re
poor and are more likely to be sick, drop vealed a lot, and not just about the shoot
out of school, get depressed, get in trouble, ings. When kids grow up with absent fa
and end up divorced themselves. All these thers, it is difficult for them to understand
facts contribute to the end result: violence. that the culture of violence they live in does
Sixty percent of America’s rapists, 72% of not have to extend to their homes and
adolescent murderers, and 70% of long- schools. This is true in Arkansas, Minne
term prison inmates are males who grew up sota, or anywhere else.
without fathers.
Part 5
WIN-WIN
THEORY
CHAPTER 35
Super-Optimizing
Solution Graphing
227
228 | Win-Win Theory
Figure 35.1. A triangle approach. At C best, C pays $1; at L best, L receives $6; at C best and L best,
neither side is thinking about the possibility of separate benefits. Along the line of one-dimensional
negotiations, a $1 gain is a $1 loss for L, and vice versa. Along the SOS line, every point is better for C
than the previous C best and better for L than the previous L best. For example, at SOS1, C pays $1
but gets $4.01 for a net gain of $3.01, which is better than the C best of –$1 or paying $1. Likewise,
L receives $1 but gets $4.01 in separate benefits for a total of $5.01, which is better than the L best of
+$5 or receiving $5. At SOS2, C pays $5 but gets $4.01 for a net loss of $0.99, which is better than the
C best of –$1. Likewise, L receives $5 but also gets $4.01 for a total of $9.01, which is better than the
L best of $5. The threshold SOS to L is the L best plus $0.01. The threshold SOS to C is the C best mi
nus $.01 in a negotiation trade-off context.
solids, or volume. It is, however, ahead gaining power or their ability to give some
of most contemporary thinking about thing desired other than apples.
disputes, which tends to be on a one- The curve labeled “after” shows that
dimensional level and not even two- there are now 110 apples available to be
dimensional triangles. This distorted think distributed between L and C. With this ex
ing has been promoted by the kind of pansion in resources, both L and C could
quantitative analysis that cannot deal with have more than their previous maximums
both benefits and costs simultaneously be or optimums. L could have 55 and C 55, L
cause the mathematics is not sufficiently could have 51 and C 59, or they could have
elegant. Instead, such thinkers emphasize any combination that adds to 110 in which
the single objective functions of operations both L and C get 51 or more. Actually, an
research, management science, and most increase in resources would be sufficient to
econometrics, which is one-dimensionality provide a SOS if it were 101 apples divided
on the dependent variable. They pride in half or (MaxL + MaxC + 1)/2.
themselves, however, on understanding Either the before curve or the after curve
continua and calculus. These concepts are is called a trade-off curve. When there are
above zero-dimensional points. A contin N apples available, if L gets X apples, then
uum, however, is just a point that has been C gets N – X apples. Whenever L gets an
spread open to form a straight line, a diago additional apple, C gets one less apple, and
nal, or a curve, like the base of the triangle vice versa. The curve is also called an indif
in Figure 35.1. ference curve because every point along the
curve adds up to N apples. The points are
thus indifferent or equal to each other in
TRADE-OFF OR terms of total resources. Other names in
INDIFFERENCE CURVES clude isoquant curve (same total quantity
at each point), production possibility func
Increasing Resources tion (every point indicates a different com
bination that can produce the same total
A second graphic perspective derives produced), and consumption possibility
from the economics of indifference or function (every point indicates a different
trade-off curves, as shown in Figure 35.2, combination that results in the same total
in which the liberal position is shown on consumed).
the vertical axis and the conservative posi
tion on the horizontal axis.
Figure 35.2A shows how one can Increasing Efficiency
change a liberal-conservative dispute from
a compromise to a win-win or super- Trade-off or indifference curves were
optimum solution by increasing the re used to illustrate how increasing resources
sources available. The curve labeled “be can bring about win-win or super-opti
fore” shows that there are 50 apples avail mum solutions in the winter 1997 issue of
able to be distributed between L and C. The Policy Evaluation. Such curves can also be
maximum position of L is therefore to get used to illustrate how using constant or
all 50 apples and give none to C. The maxi fixed resources more efficiently can lead to
mum position of C is likewise to get all 50 such solutions.
apples and give none to L. The same before curve that was used to
In the usual political context, a compro show the effect of increasing resources can
mise is reached whereby L gets less than 50, be used to show the effect of increasing effi
and the rest go to C. An even split would be ciency. The maximum for L is 50 apples
25 to L and 25 to C. L or C might get more and none to C. The maximum for C is 50
than 25 depending on their relative bar apples and none to L. Suppose, however,
Super-Optimizing Solution Graphing | 231
that we invent a way to more than double more satisfied than it would with 50 of the
the efficiency of apples—that is, we greatly old apples. C also gets 52.5 satisfaction
increase their nutrition value, durability, units or 25 × 2.1. This happens by more
taste, or some other desirable characteris than doubling the efficiency of the apples,
tics. the products, or whatever L and C are
In the before situation, each apple was fighting over. One can then divide the new
worth 1 satisfaction unit. In the after situa products in half, and each side will come
tion shown in Figure 35.2C, each apple is out ahead of their previous maximums or
now worth 2.1 units of satisfaction. Thus, best expectations.
if L now gets only 25 of the 50 apples, L Thus, the trade-off curves illustrate the
will be more satisfied than it was with 50 of key approaches to win-win solutions—
the before apples. L gets 52.5 satisfaction namely, (a) increasing the resources, (b) in
units or 25 × 2.1. Likewise, if C now gets creasing the efficiency of the present re
only 25 of the new apples, it will be even sources, or (c) a combination of both. The
232 | Win-Win Theory
Figure 35.3. Arrow diagram. Arrow 1 indicates that conservative alternatives are directed mainly
toward conservative goals. Arrow 2 indicates that liberal alternatives are mainly directed toward lib
eral goals. Arrows 3a and 3b show that knowing the conservative and liberal goals and alternatives
helps develop one or more SOS alternatives. Arrows 4a and 4b show that SOS alternatives are di
rected toward both conservative and liberal goals. The double plus means that the proposed SOS
alternative achieves those two sets of goals even more strongly than the conservative or liberal alter
natives. Arrow 5 shows that the SOS alternative has to get over feasibility hurdles to be considered
an SOS alternative.
triangle or pyramid approach has the ad cate how one gets from one step or element
vantage of stimulating thinking along dif to another, where the elements are conser
ferent dimensions or different products vative and liberal goals, alternatives, and
than those involved in the original dispute. relations. The bottom line toward which
The arrow diagram approach (discussed these elements are directed is a feasible su
next) emphasizes the process or cyclical per-optimum conclusion.
steps involved in obtaining win-win or su The word elements is used rather than
per-optimum solutions. steps because steps imply a routinized se
quence. The process, however, involves fre
quent recycling. It also involves what could
ARROW DIAGRAMS be a leap of creativity in going from the in
put elements to the conclusions. The cre
The triangles, bars, curves, and pies tend to ativity, however, is lessened by drawing on
be static graphs. They help define the basic prior substantive and procedural experi
concepts of conservative best, liberal best, ences.
compromise, and super-optimum. The ar In addition to a tentative SOS conclu
row diagram, on the other hand, is a more sion, the output process elements also in
dynamic graph (Figure 35.3). It helps indi volve going through a feasibility analysis
Super-Optimizing Solution Graphing | 233
235
236 | Win-Win Theory
Criteria
C L
Alternatives Economic Development Clean Environment
C
Marketplace + –
L
Antipollution regulation – +
N
Compromise regulations 0 0
SOS
Improved manufacturing, agricultural, ++ ++
and other processes (more profitable
and cleaner)
might start by demanding 8.68 years and fendant. S* is the sentence at the point of
then increase the sentence to lifetime in convergence, which is Time 4.
Australia. The defendant might start at
2.75 years and then decrease the sentence
to no prison time at all. This might be Edgeworth Box
called an exploding or diverging time-path
graph. The two paths do not explode or di Figure 36.3 is an Edgeworth box show
verge forever—just until there is a point of ing the negotiation between the prosecu
agreement, as in the Australian sentence. tor and defense counsel from a different
One might also note that England saved perspective than that of the time-path
prison costs and succeeded in colonizing graph. The prosecutor can be considered
Australia. like a seller who is trying to increase the
To better understand the time-path price or sentence as high as possible. The
graph, it is helpful to define the symbols. defense attorney can be considered like a
POt0 is the prosecutor’s offer at Time 0. buyer who is trying to decrease the price
DOt0 is the defendant’s offer at Time 0. or sentence as low as possible. The case is
ALP is the adjusted bargaining limit of not quite the same as the one in the time-
prosecutor. This refers to the prosecutor’s path graph, and the symbols are slightly
perception of the sentence that would be different. LP is the prosecutor’s bargain
received at trial multiplied by the probabil ing limit without adjusting for litigation
ity of getting a conviction and or adjusted costs. LD is the defendant’s unadjusted
downward for saving litigation expense. bargaining limit. PC is the probability of
ALD is the adjusting bargaining limit of de conviction.
240 | Win-Win Theory
In the Edgeworth diagram, the prose tralia. The defendant may consider such a
cutor starts in the lower left-hand cor sentence to be better than going to prison.
ner, hoping for a 10-year sentence. The The prosecutor may consider such a sen
defendant starts in the upper right-hand tence to be better than 10 years in prison
corner, hoping for a zero sentence. They from the prosecutor’s perspective. This is a
move diagonally toward the shaded fea win-win plea bargain that was often nego
sible region, which is between their re tiated between arrested defendants and
spective limits. They converge within that British prosecutors in the days of exile in
feasible region at a point that depends tropical Australia. It is also like the exile to
largely on bluffing factors. The shaded fea the Marines during World War II from the
sible region is analogous to the horizon perspectives of the defendant and the pros
tal strip in the time-path graph between ecutor.
the limits of the defendant and the prose A diverging (rather than a converging)
cutor. time-path graph is contrary to the usual
The win-win version of the Edgeworth thinking of economists and people who
box involves the defendant moving toward study negotiation for guilty pleas or other
the northeast instead of toward the south matters. Likewise, a diverging (rather than
west. It also involves the prosecutor mov converging) Edgeworth box is also con
ing toward the southwest instead of to trary to their usual thinking. The charac
ward the northeast. This is the equivalent teristic of being a new paradigm, however,
of their diverging in the direction of the de is an important aspect of win-win thinking
fendant accepting the life sentence to Aus and win-win game theory.
Win-Win Game Theory | 241
Figure 36.4. Game tree analysis of the prisoner’s dilemma. Whole numbers are tentative months.
Decimals are tentative probabilities (P or 1 – P).
or extralegally punished is worse than 84 the trade-off problem of inflation and un
extra months in prison, which is the differ employment, which is associated with the
ence between 36 months for squealing and Phillips curve. Conservatives are especially
120 for clamming up. Likewise, if A is cer sensitive about inflation, whereas liberals
tain that B will clam up, then A should re are especially sensitive about unemploy
frain from squealing if being killed or ex ment. The Phillips curve and traditional
tralegally punished is worse than 11 reasoning argue that reducing inflation
months in prison, which is the difference requires reducing the money supply by
between 1 month for squealing and 12 raising interest rates, raising taxes, and
months for clamming up. In this sense, 84 decreasing government spending. This,
and 11 months are equalizers or thresholds however, causes unemployment. Reducing
between squealing or clamming. One could unemployment supposedly requires in
also talk about an equalizing probability of creasing the money supply by lowering in
B squealing in which the penalties are not terest rates, lowering taxes, and increasing
equal, but they would be equal if multi government spending. This, however,
plied by their probabilities of occurring. causes inflation. Thus, we try to compro
It might also be realistic to note that mise between unacceptable inflation and
there are sometimes rewards for clamming unacceptable unemployment.
up other than just a shorter sentence or If, however, one thinks of reduced infla
smaller penalty. The rewards may involve tion and reduced unemployment as co
going to a resort as part of the victim pro effects of economic growth, then one has a
tection program or getting increased busi possible win-win solution to both goals.
ness if this is a business transaction rather Inflation is too many dollars chasing too
than criminal case negotiations. few goods. Economic growth can reduce
The win-win counterpart (as mentioned inflation by providing more goods. Eco
previously) might be to add another alter nomic growth can also reduce unemploy
native to the dichotomy of (a) A squeals on ment by providing more income, more
B or (b) A clams up. Another alternative spending, and more jobs. Thus, there is no
might be that both A and B turn state’s evi need to think that reducing inflation has to
dence against C, who is the real wrongdoer. cause increased unemployment or that re
We are, however, assuming that C’s friends ducing unemployment has to cause in
will not kill A and B, or that the rewards for creased inflation. By thinking in terms of
successfully fingering C will offset the a coeffects causal path model, one can
threat of being terminated. One might ar achieve a win-win solution. In other
gue that this win-win solution is not always words, draw an arrow from a question
available in the prisoner’s dilemma con mark to the conservative goal and an arrow
text. This is quite true. The more important from a question mark to the liberal goal.
point, however, is that this type of win-win Then ask what the question mark might be
cooperation (rather than more compro that can cause both the conservative and
mised cooperation) may frequently be the liberal goals to be achieved simulta
available if one thinks positively about the neously.
possibilities. The bottom of Figure 36.5 deals with
environmental policy. Conservatives are
concerned with the adverse effect that a
CAUSAL PATH MODELS strong environmental policy has on eco
nomic development, profits, and jobs. Lib
Closely related to the game tree graph is the erals are concerned with the adverse effect
causal path graph, which can be highly use that a weak environmental policy has on
ful to understanding win-win analysis. Fig clean air, clean water, conservation, toxic
ure 36.5 contains two examples of win-win chemicals, radiation, and other aspects of a
causal paths. The first example relates to clean environment. These two goals are
Win-Win Game Theory | 243
frequently viewed as being in conflict, ne such as bar graphs, indifference curves, pie
cessitating trade-off compromises. If one charts, and triangles (see the winter 1997
uses the coeffects causal path perspective, and the winter 1998 issues of Policy Evalu
one might be led to consider the win-win ation). An indifference curve can be any neg
values of new technologies that improve atively sloping curve for which the mean
manufacturing, transportation, energy, ag ing of the points can change. A pie chart
riculture, and other processes so as to make can be any geometric shape whose area can
them simultaneously more profitable and expand. A triangle or pyramid can be any
cleaner. An example is the new hybrid car, one-dimensional line or two-dimensional
which is partly internal combustion and plane in which a second or third dimension
partly electric and can travel 80 miles on a was formerly not recognized.
gallon of gasoline. The car is made of poly The concept of definitional graph hits
mer materials that are as light as aluminum close to home in the sense that the Policy
and as strong as steel. Such a car is less ex Evaluation Journal has used the teeter-
pensive for businesses to maintain in terms totter or the scales of justice as its logo ever
of fuel and repairs. It also generates only since it was first published in the summer of
about one fourth the pollution that a car 1992. This graph is inherently win-lose
that gets 20 miles per gallon generates. Ja rather than win-win. If one side of the
pan is already mass producing such cars for teeter-totter goes up, then the other side
the Japanese market. They will soon enter goes down. This is also the case with the
the American market and be promoted as scales of justice. Starting with the summer
both cost-saving and cleaner. 1998 issue, we tried to remedy this matter
by saying that traditional analysis involves
picking one side or the other. Win-win anal
DEFINITIONAL GRAPHS ysis involves determining how to get more
benefits minus costs for both sides. This is
Previously published win-win graphing ar the equivalent of a teeter-totter in which both
ticles have emphasized definitional graphs, sides can go up simultaneously. This is a
244 | Win-Win Theory
bad metaphor because it is contrary to the money to improve productivity, however, ra
reality of teeter-totters or scales of justice. ther than spend it on items such as real es
Starting with the summer 1999 issue, tate, luxury goods, and high CEO salaries.
the quarterly journal Policy Evaluation has The Clinton administration appeared to
used a new logo. The logo shows a boat ris be moving more realistically toward win-
ing as the tide rises. Beneath the boat is win policy. This is indicated by such exam
a version of President Kennedy’s often ples as HMO insurance vouchers that pro
quoted statement, “A rising tide can (po vide universal availability for health care
tentially) lift all boats.” The word poten while simultaneously providing quality
tially was added because even with tremen preventive health care. Clinton’s health
dous economic growth, there are many proposal, however, lacked economic and
people and groups of people who are political feasibility. Clinton had more suc
largely left behind because they do not have cess in stimulating new technologies that
adequate technology with which to work are both cleaner and less expensive, such as
or training to use the technology that is the hybrid car.
available. Thus, beneath the new logo, it The future, however, may look good
says “but some boats have holes that need for the win-win thinking of Kennedy,
refitting,” or supplementary training. Reagan, and Clinton. The public seems
The problem of how to provide eco to prefer this attitude over the win-lose
nomic growth while moving displaced attitude associated more with Johnson,
workers and firms to more productive uses Nixon, Carter, and Bush. Contemporary
may be the most important policy problem computer-based technology and other
in the world today. Displacement occurs technologies are making it more possible to
because of productivity improvements, increase benefits and decrease costs. Free
free trade, immigration, demilitarization, dom to compete domestically and in for
and jobs for women, minorities, the el eign trade is catching on and increasing the
derly, public aid recipients, the disabled, win-win atmosphere. Improved training
and other people who have been underem and adult education programs are enabling
ployed. All these displacement factors lead people to keep up better.
to world economic growth and win-win I hope this chapter provided useful new
benefits for most people. Those who are and old perspectives that are helpful in un
left out can be greatly helped through re derstanding and achieving win-win solu
training, temporary wage subsidies, com tions. A few years ago, the idea of finding
missioning employment agencies, trans solutions to policy problems or decision
portation subsidies, day care, and other problems that would exceed the best initial
job-finding facilitators. expectations of the major groups or sides
was laughed at. Since then, numerous rele
vant articles, book chapters, and books
CONCLUSIONS have been written that include principles,
examples, checklists, and facilitators.
President Kennedy is credited with the ex Useful facilitators include more realistic
pression, “A rising tide lifts all boats.” He win-win game theory, the MCDM matrix,
did not mention, however, that many per and the coeffects causal path models. They
sons fall behind due to lack of training, could give win-win analysis a broader the
contacts, capital, and other job facilitators. oretical perspective. They could also make
Reagan’s Lauffer curve theoretically com game theory and related perspectives more
bined a 30% across-the-board tax reduc useful. Broadness and usefulness are two
tion with increased tax revenue. He pro win-win goals worth achieving simulta
vided no specific incentives to spend the neously.
CHAPTER 37
Win-Win Mediation
245
246 | Win-Win Theory
Goals
C L
Alternatives Benefits to Defendant Benefits to Plaintiff
C
Defendant wins on trials + –
L
Plaintiff wins on trials – +
N
Settle 0 0
SOS or win-win solution
Insurance
Products ++ ++
Credit unions
settle. The defendant offers $300,000 as a nese insurance company against Ameri
maximum to settle. The object of a super- cans but not considered worth pursuing by
optimum settlement is to provide the plain the Japanese company, although they were
tiff with more than $700,000 while simul of considerable value to the U.S. insurance
taneously not having the defendant pay company. The combination of equipment,
more than $300,000. In other words, the claims, and annuities had an estimated cost
problem is to find a number that is simulta value of only $326,000 to the defendant, as
neously more than $700,000 and smaller indicated in Table 37.2. The package, how
than $300,000, which are approximately ever, had an estimated purchase value of
the best expectations of the plaintiff and $1,099,000 to the plaintiff.
defendant, respectively. The following solution was suggested
Such a settlement can be arrived at by by the mediators and seriously considered
considering additional settlement criteria by the Japanese side:
beyond the exchange of money. In almost
every damages case, the defendant is an in
1. The Japanese insurance company sells
surance company, a manufacturer, a trans
marine insurance as one of its specialities
portation company, or some other kind of
but sells almost no marine insurance in
company that can offer something of con
the United States, only to Asian shipping
siderable value to the plaintiff but that has
companies.
relatively low cost to the defendant. In this
case, it was possible for the defendant to 2. There are many shipping companies in
consider offering electronic equipment, in the United States, however, including
surance claims, and insurance annuities to companies that fly the Panama flag or the
the plaintiffs and their insurance compa Liberia flag but are owned by Americans.
nies. The claims were held by Sanyo’s Japa They fly these flags for the same reason
Win-Win Mediation | 247
Goals
C L
C
Defendant’s initial offer = $300,000 + –
L
Plaintiff’s initial demand = $900,000 – +
N
Likely compromise settlement = $500,000 0 0
SOS or win-win solution
Computers from defendant to plaintiff
Big-screen TVs from defendant to plaintiff ++ ++
Insurance claims from defendant to plaintiff
that many corporations incorporate in wise make. This is a much better win-win
Delaware—namely, to decrease regula solution because both sides receive sub
tion. stantially. In the conventional litigation
solution, the defendant gives and the plain
3. The Japanese insurance company was
tiff receives.
willing to make a deal with the Traveller’s
The solution did not work for several
Insurance Company. The Traveller’s In
reasons. First, the law firm representing the
surance Company would become the
Traveller’s Insurance Company is one of
agent for selling marine insurance in the
the largest in the United States, and the
United States. The expected sales might
lawyers representing the firm were among
be as much as $10 million a year, with
the top litigation lawyers in the insurance
about $5 million to go to Traveller’s In
business. Their minds were so channeled
surance and $5 million to the Japanese in
along traditional thinking, however, that
surance company.
they could not conceive of anything other
than money coming from the defendant to
This kind of settlement would put the plaintiff. It was a mental block situa
the American insurance company ahead tion in part.
$5 million a year into the future, although Second, there was also quite possibly a
this is a gross figure and some expenses violation of legal ethics in that the Travel
would be involved. The Japanese insurance ler’s Insurance Company’s law firm was
company would be $5 million ahead every thinking of its own interests more than the
year as a result of sales it would not other interests of its client and also thinking very
248 | Win-Win Theory
shortsightedly. Any package arrangement vices, and advances that had been provided
would have to be worked out between the to the workers by the growers but not in ac
law firm and Traveller’s Insurance regard cordance with the proper paperwork pro
ing how the law firm would get paid. The cedures.
law firm was not willing to wait for a per The defendant’s initial expectation is to
centage of $5 million a year. It wanted cash have to pay nothing. This is an unrealistic
immediately. Traveller’s, however, could expectation because the defendant admit
have paid the firm’s fee in full rather than as tedly failed to comply with the proper de
a percentage of a damage payment. The duction procedures with no good defense
representative from Traveller’s, however, other than that the money was owed. The
was a bit browbeaten by his attorney. He defendant would thus be likely to lose on
did not exercise independent judgment but the issue of whether it complied with the
just agreed with his attorney. The deal re proper procedures. A penalty is likely to be
quired some good business sense and not assessed to deter such improprieties on the
legalistic lawyer sense. part of the specific defendant and other po
Finally, a solution involving a mutually tential defendants. The penalty is likely to
beneficial business arrangement is defi be substantial to have deterrent value.
nitely more complicated than merely writ There is also likely to be compensation to
ing a check. It would require people being the named defendants for their efforts plus
present from the marine insurance area of considerable litigation costs if the case goes
the Japanese firm and people being present to trial (Table 37.3).
from Traveller’s Insurance who might be The objective is thus to arrive at a SOS
involved in selling the marine insurance. whereby the workers in a sense receive
No such people were present, at least on more than $1 million and the defendant
the Traveller’s Insurance side. The person pays less than nothing. The key element in
who was present seemed to have little au the SOS is the establishment of a credit un
thority, and he seemed to be unwilling to ion mainly consisting of $100,000 from the
exercise whatever authority he did have. defendant to be deposited with interest for
The person on the Japanese side seemed to 5 years (Table 37.4).
have more authority, although there were The $100,000 can quickly generate $2
some language problems. He also seemed million worth of housing by serving as a
agreeable (although this may have reflected 10% down payment on a mortgage for ex
a cultural and personality difference) be isting or new housing units for the work
cause he appeared to be more willing to ers. The housing might be used as collateral
listen. for additional capital. It is also possible
that a federal or state government agency
will match the $1 million as part of an eco
LABOR-MANAGEMENT nomic development plan, thereby further
increasing the lending opportunities.
The following illustrative example in The workers thereby obtain multiple
volves leading growers in the Peoria, Illi family housing and a lending source for
nois, area (that employ approximately business opportunities that may be worth
7,000 farm workers a year) being sued by at least $2 million plus the benefits of an
the Migrant Legal Counsel, which is a legal improved grievance procedure, payments
services agency that specializes in the legal to named plaintiffs, and compliance infor
problems of migratory farm workers. mation. The total value is worth more than
The plaintiff’s initial expectation is to be their best expectation.
repaid approximately $1 million in wages. The growers thereby obtain the benefits
This is an unrealistic expectation because of not having to provide housing for the
the money was deducted for goods, ser workers. The growers also receive interest
Win-Win Mediation | 249
Goals
C L
Little Money Much Money
Alternatives (Damages) to Plaintiff to Plaintiff
C
Defendant’s best expectation = $0 + –
L
Plaintiff’s best expectation = $1,000,000 – +
N
Likely compromise settlement = $500,000 0 0
SOS or win-win solution
Credit union, housing, and business
opportunities
Grievance procedures
Payment to named plaintiff ++ ++
Compliance information
on their savings and a subsequent return of there is not a concept that involves a higher
the principal if requested. The grievance level of dispute resolution than super-
procedures can decrease friction. The com optimum:
pliance information can increase credibil
ity. Payment to the named plaintiffs is a
1. In Pareto optimum solutions, the posi
cost rather than a benefit, but it is more
tions of all sides remain constant, but one
than offset by the benefits from the other
side may slightly improve its position.
relevant items of value. Therefore, the
This is not very optimum.
growers are making a net gain as a result of
this SOS settlement, which is the same as 2. Compromise solutions are optimum only
paying less than nothing. in a semantic or psychological way. They
may really be lose-lose situations. In these
solutions, everybody basically achieves
more than their worst expectations. This
SOME LESSONS
means that everybody could lose badly,
but they think they might have possibly
One moral of the story (or the bottom line
lost even worse.
of the analysis) is that what has been re
ferred to as an SOS may be relatively small 3. In an SOS, everybody achieves more than
thinking compared to what could be devel their best expectations, which sounds
oped in SOS dispute resolution. Currently, good. It is still a relative concept, how
250 | Win-Win Theory
Criteria
Credit Union,
Housing, Payment to
and Business Grievance Named Compliance Relevant
Alternatives Opportunities Procedure Plaintiffs Information Totals ($)
Plaintiff’s SOS
settlement (major 2,000 >0 50 >0 >1,000
benefits)
Plaintiff’s best
expectations = $1,000 0 0 0 0 1,000
Likely compromise
settlement = $500 0 0 0 0 500
Defendant’s best
expectation = $0 0 0 0 0 0
Defendant’s SOS
settlement (low costs) <0 <0 50 ~0 <0
ever, dependent on the thinking that ini The marine insurance deal involves a pos
tially goes into what constitutes best ex itive gain for both the defendant and the
pectations. plaintiff.
253
254 | Win-Win Theory
Goals
L item Y Y+1
Money 1 3 108 88 129 130
for courts (33%) (75%) (54%) (44%) (65%) (54%)
NOTE: C, conservative; L, liberal; N, neutral; SOS, super-optimum solution or win-win solution; Wts.,
weights for multiplying the allocation percentages for each of the two goals. X is the conservative alloca
tion to exceed. Y is the liberal allocation to exceed.
a. Expanding the budget means increasing it from the initial $200 to $243. Increasing effectiveness means
increasing the relation scores of 2 or 1 or both on crime reduction for conservatives and 1 or 3 or both on
fair procedure for liberals. Dollars are in millions.
b. The conservative 55% = [(3 × 67%) + (1 × 25%)]/4.
c. The liberal 35% = [(1 × 67%) + (3 × 25%)]/4.
velop useful and realistic ways of enabling To be a meaningful SOS allocation, the
both the conservatives and the liberals to recommendation must also be realistic.
have their ways simultaneously. Therefore, a multicriteria decision-making
Table 38.1 indicates that the conserva analysis must be performed to determine
tives will achieve more than their best ex the alternative or alternatives that can raise
pectations if the police are allocated $113. the additional $43. Possible alternatives of
It also indicates that the liberals will a general nature include the following:
achieve more than their best expectations if
the courts are allocated more than $129. 1. The legislature could be convinced to
Thus, the problem reduces to finding ways appropriate additional funds in view of the
whereby the police can be allocated $113 importance of the goals to be achieved and
and the courts can be allocated $130, the positive marginal rate of return from
which means finding $43 more than the investing in each of the budget categories.
initial budget constraint. This satisfies the
idea of useful information because it clari 2. The executive agency or agencies
fies that we do not need a budget of $500 or that are above the police and the courts
$800 to exceed the best expectations of could be convinced that from the total
both sides. We also will not be able to do it amount of money that they allocate, more
with a budget of only $210, $200, or less should be assigned to the police and the
than $200, unless we increase the relation courts in view of the same considerations
scores (discussed later). that might be presented to the legislature.
Win-Win Allocation | 255
These considerations might differ if the leg police forces as to how they could do a
islature is a Democratic Congress and the better job with regard to fair procedure and
executive agency is a Republican White crime reduction to get a foundation to
House. bankroll the experiment and implementa
tion.
3. Funds can be raised through income-
generating activities of the courts and the 6. A major source of internal funding at
police. This is a well-known alternative in universities is the taxation of academic and
higher education when state universities nonacademic employees by postponing
are turned down regarding budget requests raises, having ceilings on raises, or offering
by the state legislature and by the state nonmonetary fringe benefits, such as free
board of higher education. The universities education for the children of faculty and
then do fund-raising among alumni, cor staff. Manipulating salaries to deal with a
porations, and students. The police and $43 shortfall would not raise additional in
courts could charge higher fees for some of come; rather, it would only reduce ex
their services in the same manner in which penses. What might be needed is the equiv
state universities charge higher tuition, es alent of passing the hat or selling savings
pecially to wealthier students, to cover bonds or stamps among the employees to
scholarships for low-income students. The borrow money from them in anticipation
courts could charge higher fees for corpo that it will be repaid in better times. The in
rate litigation. The police could conceiv ternal loan would probably have to be paid
ably provide special services for fees that back in cash because the traditional ser
would be the equivalent of private security vices provided by courts and police are like
work. There could be political feasibility an entitlement, unlike the optional right to
problems given the frequent unwillingness attend a university tuition-free because
of private enterprise to tolerate what could one’s parents teach at the university.
be stimulating competition.
7. The idea of obtaining loans inter
4. Another analogous activity is seek nally from the people who work in the sys
ing contributions. There is no reason why tem also suggests the idea of obtaining
the courts cannot do a mailing to all law loans externally. It would not be appropri
yers in the jurisdiction asking for voluntary ate for the police force to borrow from the
contributions or even involuntary contri syndicate. The police force and the courts,
butions. The lawyers can be asked to pay a however, could be authorized to issue gov
practice fee for using the court facilities. ernmental bonds, just as any governmental
The fee could be based on various levels of agency could be so authorized. There may
earnings. The police currently ask for con be plenty of takers if the bonds provide for
tributions for various police pension activi the usual tax exemption, which is a key fac
ties. This can border on intimidation to tor enabling rich lenders to have large in
noncontributors, especially if it is associ comes without paying income tax.
ated with receiving a bumper sticker that
the contributor expects will constitute an Table 38.2 applies the same kind of win-
exemption from some traffic tickets. win allocation analysis to the antipoverty
problem. Conservatives tend to emphasize
5. Universities raise large amounts of training for work as the way to deal with
money through grants from foundations. poverty. Liberals tend to emphasize public
Courts and police forces could do related aid, although they are becoming more sup
activities. Doing so would serve two pur portive of training than they have been in
poses—to raise money and to stimulate in the past. The key conservative goal is put
novative thinking on the part of courts and ting low-income people to work. The key
256 | Win-Win Theory
Criteria
L C
Minimum Job N Total L Total C Total
Standard of Living Opportunities (Neutral (Liberal (Conservative
Alternatives (C = 1, L = 3) (C = 3, L = 1) Weights) Weights) Weights) SOS
C
Education 1 3 $108 $88 $130 $131
(33%) (75%) (54%) (44%) (65%) (54%)
L
Public aid 2 1 $92 $112 $70 $113
(67%) (25%) (46%) (56%) (35%) (46%)
liberal goal is giving low-income people a new budget of more than $242. This also
minimum standard of living. requires developing new ideas, such as the
The liberal allocation is 67% public aid seven ideas discussed previously, regarding
and 33% education. The conservative allo where the new win-win budget money will
cation is 25% public aid and 75% edu come from.
cation. The neutral or average allocation It is especially necessary for someone to
would be $108 to education out of a $200 make a thorough survey combined with
budget and $92 for public aid. The conser creative brainstorming of all the devices
vatives, however, would give a weight of 3 that various government agencies use to
to job opportunities and a weight of only 1 supplement their main source of income—
to minimum standard of living. This legislative appropriations filtered through
weighted average yields an allocation of higher-level executive agencies. The Rea
$130 to education and $70 to public aid. gan administration, for example, experi
The liberals would give a weight of about 3 mented with a variety of user fees. It might
to standard of living and 1 to job opportu be interesting to know more about the
nities. This liberal weighted average yields good and bad experiences with regard to
an allocation of $88 to education and $112 the fees. This is an area in which different
to public aid. government agencies can learn from each
The objective of this win-win analysis is other, such as learning from the income-
to arrange for more than $130 to go to edu raising methods for state universities. It is
cation to more than satisfy the conserva also an area in which there may be many
tives and to simultaneously arrange for analogs between private sector institutions
more than $112 to go to public aid to more and governmental institutions regarding
than satisfy the liberals. This requires a how to raise income when one is basically
Win-Win Allocation | 257
providing a not-for-profit service and not modern technology that enables 1 police
selling merchandise. officer to survey a larger territory than pos
The key idea in this context is the impor sibly 5 or 10 police officers could in the
tance of thinking beyond the traditional al past.
location analysis, which tends to take a Again, it is often useful to reason by
budget constraint as a given and talks in analogy from the private sector to the pub
terms of how to allocate between the bud lic sector and vice versa or from one gov
get categories within that dollar amount. ernment agency to another. A good analog
One does not want to go to the opposite in this context is the way in which a large
extreme and totally ignore budget con hotel patrols every floor simultaneously
straints, which is the equivalent of ignor with one security guard. This is the equiva
ing economic and political feasibility. The lent of patrolling 20 streets if the hotel has
SOS analysis based on increasing the bud 20 floors. In the system that is in common
get emphasizes expanding the budget just use, on each floor a TV camera is mounted
enough to be able to determine a SOS allo out in the open that provides a view of the
cation in which both conservative and lib whole floor with or without the camera
eral best expectations are exceeded rather turning. A single security guard observes
than one in which each viewpoint gets an 20 TV screens simultaneously. It is diffi
infinite, excessive, or unrealistic amount. cult to watch 20 TV programs simulta
This provides a meaningful target to seek neously, but it is easy to see in the middle of
to reach. the night that on Screen 12 somebody is
crowbarring open a door or is assaulting
someone who just got off the elevator. Bet
INCREASING EFFECTIVENESS ter yet, nobody crowbars any doors or as
saults people because the TV cameras have
The next logical question is, what are the a deterrent effect by being out in the open.
substantive answers to improving the rela They have a similar deterring effect as po
tion scores or elasticity coefficients so as to lice cars driving on the highway with their
exceed both the conservative best alloca lights flashing rather than hiding behind
tion and the liberal best allocation? As with billboards.
ways of increasing the budget, there are The analog is a long-distance TV cam
many answers. The alternatives in this con era on a high post or rooftop every mile or
text might include ideas that (a) increase so on as many streets as one wants to cover.
police efficiency on crime reduction, (b) in The camera is equipped with a lens that
crease court efficiency on crime reduction, makes it almost the equivalent of a U2
(c) increase police efficiency on fair proce high-flying photography plane, although it
dure or separating the guilty from the inno does not have to be as powerful. The view
cent, and (d) also increase court efficiency of the long-distance camera is fed into the
on fair procedure. police station, where anything suspicious
becomes the basis for directing a police car
to go to the scene when police would other
Police on Crime Reduction wise not have known about the suspicious
event. This does not violate civil liberties.
This means developing suggestions These are not x-ray cameras that see into
whereby at a given dollar or even a reduced people’s bedrooms. They are not able to see
dollar amount, crime reduction can be in anything that a police officer could not see
creased so that the police are even more from a police car, but they substitute for
than twice as effective in reducing crime numerous police cars. They thereby in
than are the courts. One proposal that crease crime reduction efficiency while sav
might make sense is to make better use of ing substantial cost.
258 | Win-Win Theory
4. Occasionally going after and prose used for misdemeanor cases in which the
cuting some of the people who skip out in police officer believes the individual is
stead of waiting for them to commit a likely to show up in court but the crime is
crime while released: By waiting, the crimi not very severe.
nal justice system encourages crimes by Some liberals may object to such a sys
those released. It also encourages skipping tem on the grounds that the police officer
out because the odds of being prosecuted cannot be trusted with this kind of discre
for skipping out are low. If one has already tion. This might be true if we were talking
been charged with a serious crime for about giving police the discretion to shoot
which one was originally arrested and then a person on the spot when they believe that
another serious crime that is part of the sec the person would or should eventually be
ond arrest, the crime of skipping out then executed anyhow. In other words, we are
becomes relatively unimportant. not talking about increasing the police dis
cretion to be more punitive toward the peo
5. Maybe most important, shortening ple with whom the deal but, rather, increas
the length of time between arrest and trial: ing police discretion to be less punitive.
If the time is short, there is not much op Currently, they do not have the choice of is
portunity to skip out or commit a crime. suing a summons to appear in court in most
For a few weeks after being arrested and re jurisdictions. They must in effect arrest
leased, the arrested person may be on espe many people to whom they might other
cially good behavior for fear that the judge wise give summonses. They do, however,
will be especially harsh if the arrested per have an incentive to give a summons if al
son is rearrested so soon after being re lowed to do so because it would save them
leased. There are many ways that such the time and trouble of having to bring
delay can be reduced without expensive someone to the police station to be offi
hiring of more judges or violating one’s cially booked. In terms of crime reduction,
day in court. A system of efficient sequenc it is a waste financially to have police offi
ing of cases with priorities for criminal cers spending so much time bringing peo
cases over other cases can be helpful. ple to the police station for booking.
Whether a public policy is liberal or con
Police on Separating the servative sometimes cannot be determined
Innocent From the Guilty by just examining the policy out of context.
One has to be aware of the previous pre
In most jurisdictions, the police have vailing policy. Thus, passing a law provid
two choices when faced with someone who ing capital punishment only for murderers
is misbehaving. They can either arrest the is liberal if the previous law provided capi
person or reprimand, warn, and scare the tal punishment for pickpockets and shop
person before letting him or her go. This lifters, as English law did before the re
may result in many innocent people being forms of approximately 1800. Capital
arrested, as partly indicated by the fact that punishment for all murderers would be
such a small percentage of arrested people conservative now in England because the
are ever convicted of anything. What may country has virtually abolished capital
be needed is a middle alternative between punishment except for unusual situations,
arresting and releasing so that the police such as committing a murder of a guard
officer does not believe that he or she has to while one is serving life in prison. Like
arrest such a high percentage of those who wise, giving the police discretion to issue
are misbehaving. Some jurisdictions are summons would be conservative only if
making frequent use of the summons to ap they previously had the authority to
pear, which is like a traffic ticket. It can be give warnings. It is liberal, however, if they
260 | Win-Win Theory
previously had the authority to make ar what one can hear and see even better than
rests. More important, the summons to ap note taking. It enables controversies to be
pear enables the police to more efficiently resolved accurately, such as when one juror
separate the innocent from the guilty by thinks a witness said the defendant was
providing for a gray area, and it simulta present at a certain time and another juror
neously saves the criminal justice system thinks the witness said the defendant was
money in terms of police time and jail time. present at a different time. Videotaping
jury trials and bench trials is a good exam
ple of how to increase the efficiency of the
Courts on Separating courts on separating the innocent from the
the Innocent From the Guilty guilty without additional costs. It is also
one of many examples that could be given
Perhaps the most inefficient aspect of of how to obtain greater benefits at lower
the criminal court system relates to how costs (or at least not substantially higher
jury trials are conducted. In this context, costs) in the criminal justice system or in
by inefficiency I am not talking about other public policy fields.
spending money on jurors because they re A more mental orientation toward
ceive very little pay, and I am also not talk searching for procedures that increase ben
ing about delay due to jury trials because efits and decrease costs simultaneously is
delays tend to occur only during trials that needed. Likewise, we need a frame of mind
would take a long time anyway. Instead, I toward seeking solutions (to choosing and
am talking about inefficiency in separating allocating problems) that can exceed the
the innocent from the guilty. Specifically, in best expectations of both liberals and con
recent years, many suggestions have been servatives simultaneously.
made regarding ways in which jurors could
perform this separation function more ac
curately. DILBERT ON WIN-WIN
One way is to allow them to take notes ALLOCATION
because jurors may often make mistakes
because they cannot remember all the testi Dialogue at the Dilbert Company
mony, instructions, and other relevant in
puts. In most states, they have been prohib
Manager: I found a way to give more money
ited from taking notes as a carryover from
to every project without increasing the total
medieval times when few jurors could read
budget for projects!
or write and it was believed that those few
who could take notes would then dominate Lady with the big hair: Maybe you could
the juries. Since 1991, however, most ju recalculate our salary budget next.
rors have been allowed to take notes.
Changing the rules to allow for note taking
increases the efficiency of the courts in sep Analysis
arating the innocent from the guilty.
One could go further and require video With win-win thinking, it is quite possi
taping of all jury trials or even bench trials. ble for every worker to get a raise without
One purpose would be to save money that increasing the total budget. One approach
would otherwise be spent on court report involves merely distributing valuable re
ers and transcribing. The more important wards that do not come out of the budget.
purpose in this context is that the video For example, the head of a three-person
tapes would be available to the jurors or university department can give faculty
the judge to better review what was pre members reduced teaching loads or fewer
sented at the trial. The videotape preserves new preparations; schedule them to teach
Win-Win Allocation | 261
only on Tuesday and Thursday rather than Allocation Problems” in Stuart Nagel, Pol
schedule them to teach Monday, Wednes icy Analysis Methods and Super-Optimum
day, and Friday or every day of the week; Solutions (Huntington, NY: Nova Science,
schedule them to teach back-to-back 1994). For background, see “Finding an
classes for a more compact schedule; ar Optimum Mix in Allocating Scarce Re
range for volunteer assistantships; and en sources” in Stuart Nagel, Policy Evalua
courage collaborative, mutually rewarding tion: Making Optimum Decisions (New
productivity. Valuable rewards that do York: Praeger, 1982). For recent applica
come out of the budget are available as pro tions, see “Allocating Scarce Resources” in
ductivity incentives in all occupations. If Stuart Nagel, Evaluative and Explanatory
productivity increases, then the monetary Reasoning (Westport, CT: Greenwood-
budget available is also likely to increase. Quorum, 1992).
For further details on win-win alloca
tion, see “Super-Optimum Solutions and
CHAPTER 39
Inconsistent Reactions
to Win-Win Analysis
263
264 | Win-Win Theory
subtitles indicate, she considers interna says “I will cut and you will choose.” This
tional trade to be a kind of evil economic leads to an even division of the pie. The
warfare. Most liberals and conservatives book proposes highly complicated varia
consider international trade, globalization, tions for any number of pie cutters and any
regional economic communities, and re set of tangible or abstract things of value.
lated concepts as having great potential for This is in contrast to super-optimizing, in
producing mutually beneficial effects, es which we seek to double or increase the size
pecially if public policy actively pursues of the pie so that if each person originally
new jobs for displaced workers and busi wanted the whole pie, each can now get
nesses. A more appropriate title might be more pie by taking half of the new doubled
“Building a Lose-Lose World” because all pie. A more appropriate title might be “The
sides suffer from failing to take advantage Lose-Lose Solution” because concentrat
of the mutually beneficial interaction asso ing on how to divide a pie is a distraction
ciated with international trade. This may from concentrating on how to enlarge a
be especially true of highly competitive in pie. Concentrating on dividing a fixed pie
ternational trade. or gross national product can even lead to
violent friction between or among races,
3. Steven Brams and Alan Taylor, The classes, genders, age groups, religions, na
Win-Win Solution: Guaranteeing Fair tionalities, and other groups that are stuck
Shares to Everybody (New York: Norton, in either-or thinking rather than trying to
1999): This is win-win in the sense of pie solve the dilemma super-optimally.
cutting between two people whereby one
Part 6
WIN-WIN
APPLICATIONS
CHAPTER 40
Coeffects Diagrams
and Win-Win Analysis
path model were the best theoretical or 5. Higher profits from free trade versus
methodological perspectives for analyzing higher losses from free trade under inter
policy problems to find win-win solutions. national policy
The purpose of this chapter is to apply 6. Repressing the sale and possession of ille
coeffects analysis to key problems from gal drugs versus the undesirable expense,
the fields of economic, technology, social, corruption, and other side effects of vig
political, international, and legal policy. orous antidrug enforcement
The essence of coeffects analysis is to view
conservative and liberal goals for a given Figure 40.7 abstractly shows win-win
policy problem as capable of becoming co generic policy. It shows that in the absence
effects simultaneously favorably influ of a win-win causal variable, there is a neg
enced by a win-win causal variable. ative noncausal correlation between the
The following are examples given here conservative goals and the liberal goals.
(along with references): Thus, one cannot be high on both sets of
goals, but instead can be relatively high on
1. The problem of inflation versus unem one and relatively low on the other in a
ployment under economic policy trade-off manner. With a win-win causal
2. Economic development versus a clean en variable, the two sets of goals can both in
vironment under technology policy crease simultaneously.
269
270 | Win-Win Applications
PROSPERITY POLICY
Figure 40.1. An example of win-win economic policy. For further details, see “Win-Win Econ
omies,” Policy Evaluation 5 (summer 1999): 5-21.
Figure 40.2. An example of win-win technology policy. For further details, see “Win-Win Technol
ogy Policy,” Developmental Policy Studies 5 (autumn 1999): 28-37.
Coeffects Diagrams and Win-Win Analysis | 271
DEMOCRACY POLICY
Figure 40.3. An example of win-win social policy. For further details, see “Social Policy: An Intro
duction,” in Handbook of Global Social Policy, ed. Stuart Nagel (New York: Dekker, 1999).
Figure 40.4. An example of win-win political policy. For further details, see “Government
Reform and Win-Win Analysis,” Policy Evaluation 3 (autumn 1997): 14-21.
272 | Win-Win Applications
PEACE POLICY
Figure 40.5. An example of win-win international policy. For further details, see “Mini-
Symposium on International Prosperity and Exchange,” Developmental Policy Studies 3 (spring
1997): 9-24.
GENERIC POLICY
Figure 40.7. Win-win generic policy. For further details, see “Generalized Policy Analysis,”
Policy Evaluation (autumn 1996): 33-41.
CHAPTER 41
Win-Win Economics
W in-win or super-optimizing
analysis of public policy prob
lems tries to find feasible solu
tions that can enable conservatives, liber
als, and other major groups to all achieve
UNEMPLOYMENT AND INFLATION
Conservative Alternatives
275
276 | Win-Win Applications
Goals
C L
Lower unemployment to 3%
Lower inflation to 3% Distribution of inflation and
Alternatives Free enterprise unemployment
C
Do nothing
Decrease money supply and
increase interest rates
Decrease spending and + –
increase taxes
Decrease taxes and decrease
domestic spending
L
Increase money supply and
decrease interest rates
Increase spending and – +
decrease taxes
Job creation and price control
Tax breaks and subsidies
Decrease defense spending
N
Combine 0 0
SOS or win-win solution
Subsidies with strings attached
Large subsidies ++ ++
Objective allocation
sible. It would also reduce the ability of the Lowering interest rates to decrease un
government to give tax breaks and well- employment may have little impact be
placed subsidies to increase productivity. cause businesses are reluctant to borrow
when they are reducing their operations
and sales are down. Likewise, consumers
Liberal Alternatives are reluctant to borrow when they are al
ready heavily in debt and fearful of a reduc
Increasing the money supply and de tion in employment or hours.
creasing interests may stimulate employ Lowering taxes and increasing spending
ment but increase inflation. The same is to fight unemployment may not be politi
also true of increasing government spend cally feasible when the national debt and
ing and reducing taxes. deficit are already too high.
Win-Win Economics | 277
Economic Growth
A Win-Win Package
Definition and Importance
A super-optimizing solution (SOS)
Economic growth refers to the annual package can promote economic growth
rate of increase in the GNP or the gross do more directly than through private invest
mestic product (GDP). The GNP refers to ment and consumption although increas
all income generated in the United States, ing investment and consumption. Such a
even if it goes to some foreigners. The GDP package might include the government
278 | Win-Win Applications
Goals
C L
Alternatives Investment Consumption
C
Trickle down + –
L
Percolate up – +
N
Both 0 0
SOS or win-win solution
Package ++ ++
Goals
C L
Equity
Efficiency (i.e., Fairness to
(Merit or Survival Those Unemployed
Alternatives of the Fittest) to No Fault)
C
Marketplace (leaves to the labor marketplace) + –
L
Welfare handouts with few conditions – +
N
Welfare with conditions
No able-bodied eligibles, especially males
Bare minimum benefits 0 0
Residence requirements
Provide no due process
SOS or win-win solution (i.e., job facilitation)
Training
Wage subsidy
Employment agency commissions ++ ++
Rising GNP
Relocation
Welfare conditional on training and job
cooperation
NOTE: C, conservative; L, liberal; N, neutral; SOS, super-optimum solution or win-win solution. Dis
placement of labor means displacement due to (a) productivity downsizing; (b) free trade; (c) immigra
tion; (d) civilian conversion; (e) and jobs for public aid recipients, the disabled, the elderly, minorities, and
women.
tipliers, compounding, role models, and re which the government agency might other
ducing illegal activities. wise provide.
An SOS alternative is to contract out to This is a good example of contracting
a private profit-making firm at a commis out. The profit motive stimulates a more
sion of about $X per welfare recipient who successful rate in finding jobs than the rate
receives long-term employment. Half of of success by a government agency or a
the commission is paid after the worker has nonprofit organization. The firm also has
been on the job for 4 months and the other more capability than the recipient. Tax
half after 8 months. The firm is responsible money is saved in the long term as a result
for providing training, day care, employ of replacing welfare with work. It may also
ment leads, advice, and dispute resolution, be saved in the short term by costing less
280 | Win-Win Applications
Goals
C L
L Y Y+1
Money 1 3 108 88 129 130
for courts (33%) (75%) (54%) (44%) (65%) (54%)
NOTE: C, conservative; L, liberal; N, neutral; SOS, super-optimum or win-win solution; Wts., weights for
multiplying the allocation percentages for each of the two goals. X is the conservative allocation to ex
ceed. Y is the liberal allocation to exceed. Dollars are in millions.
money per long-term job found than the allow for a larger allocation than the best
cost with a government agency or non expectations of both the conservatives
profit organization. Related activities can ($112 + $1 to the police) and the liberals
also help displaced business people find ($129 + $1 to the courts).
new jobs or new businesses.
Goals
C L
in crime reduction by using better screen taxes, which are approximately equal
ing and reporting methods with regard to across the general public. The liberal posi
those who have been released on bail prior tion tends to emphasize income taxes,
to trial. which bear more heavily on those with
The alternative also involves satisfying greater ability to pay.
liberals by enabling the police and the Conservatives tend to emphasize taxes
courts to be more efficient in using fair pro on consumption, such as the sales tax or
cedures. The police can be more efficient the value-added tax. Liberals tend to em
and effective by giving a summons to ap phasize taxes on income, especially pro
pear in many arrest cases rather than book gressive income taxes for which the rates
ing and jailing the suspects. The courts can are higher on higher incomes. The neutral
be more efficient and effective regarding position is to use both sales taxes and in
fair procedure by allowing jurors to view come taxes, but the sales tax rates would be
each day’s trial on videotape. This helps lower than conservatives advocate and the
clarify matters that might otherwise be for income tax rates would be lower than liber
gotten. Jurors can also be allowed to take als advocate (Table 41.5).
notes, ask questions of judges and lawyers,
and receive some training before becoming
jurors. Conservative and Liberal Goals
Goals
C L
Alternatives Defense and Investment Domestic and Consumption
C
Decrease domestic spending + –
Increase taxes for the poor
L
Decrease defense spending – +
Increase taxes for the rich
N
Decrease both spend 0 0
Increase both taxes
SOS or win-win solution
Increase spending ++ ++
Decrease taxes
fight unemployment and to promote eco revenue. It also allows for a reduction in
nomic growth. If these considerations are spending for welfare, with increased
covered, they would endorse a prohibition spending for economic growth activities.
on deficit spending because deficits lead to Such growth can result in increases in both
government borrowing, which boosts in profits and wages.
terest rates. Such increases interfere with An economic growth amendment may
consumer purchasing and business expan be necessary that requires or recommends
sion. that the federal government promote at
The neutral position is to have a bal least 3% economic growth per year. The
anced budget amendment but with excep amendment can mandate the establish
tions. The conservatives especially want an ment of a quasi-public consortium for eco
exception for a declared war or a joint reso nomic growth. Its governing board could
lution relating to military action. Liberals consist of three representatives from the
want an exception for high unemployment National Association of Manufacturers
or at least an exception when 60% of Con and the U.S. Chamber of Commerce, three
gress votes for an increase in the national representatives from the American Federa
debt. tion of Labor and Congress of Industrial
An SOS alternative would be to pro Organizations, and three representatives
mote economic growth through training, from the Senate, House, and the presi
new technologies, competition, exports, dency. It could have a substantial appro
government capital, and other means. priation for encouraging economic growth
Growth in the GNP allows for a reduction activities.
in income tax rates, with an increase in tax
284 | Win-Win Applications
Goals
C L
C
Government ownership and operation (socialism) + –
L
Private ownership and operation (capitalism) – +
N
Some government and some private 0 0
SOS or win-win solution
100% government owned and 100% private operation
100% private with government incentives ++ ++
Both SOSs
Productivity and the liberal goals can be create artificially low prices to satisfy con
further increased through appropriate gov sumers as voters. The mixed economy
ernment incentives by way of well-placed scores in the middle on both business prof
tax credits and subsidies. This goes beyond its and low prices (Table 41.8).
what can be achieved by way of govern The SOS alternative may draw on the
ment ownership or control combined with stimulus to innovation and efficiency of
contracting out to private operation. private profit making. The SOS alterna
Workplace quality, environmental pro tive may encourage competition through
tection, and consumer protection are not well-placed seed money and other competi
necessarily promoted by government own tion facilitators. Doing so results in lower
ership. The socialist steel mills in Poland prices through a competitive marketplace
were a good example of poor workplace rather than through a monopolistic one or
quality under socialism. The socialistic through artificial price constraints.
Tennessee Valley Association in the United The marketplace is associated with capi
States was a good example of poor en talism. It may not be associated with com
vironmental protection under socialism. petition if the marketplace leads to monop
Government-owned power companies hav olies or firms working together to decrease
ing monopoly control are good examples competition. Regulation or government
of the lack of consumer protection under ownership is associated with socialism. It is
socialism. even more likely to lead to monopoly, but
All these goals can be better achieved by monopoly in the hands of the state rather
requiring them as part of the contract when than private enterprise. The marketplace
contracting out. This is likely to produce may lead to better business profits than
greater compliance than traditional gov does regulation. Regulation may lead to
ernment regulation. The threat of not better consumer prices than does the mar
having the contract renewed but instead ketplace.
having it go to a competing company can An SOS alternative is competition,
generate greater compliance. This is bet which is likely to lead to even better total
ter than relying on the supposed altruism business profits than is the marketplace, al
of managers of government factories who though not necessarily better profits for
are not rewarded or punished for comply each firm. Competition is likely to lead to
ing with goals. The government can pro better consumer prices and quality of prod
vide further incentives by way of well- ucts than is regulation. Competition can
placed subsidies and tax credits to supple be stimulated through laws that require (a)
ment the liberal contract provisions in the licensing of patents and facilities; (b) low
contracting. ering of tariffs to increase international
competition; (c) seed money to get new
businesses established or expanded to
Competition as a Key Factor make an industry more competitive; and
(d) leasing of networks of electricity, tele
The conservative alternative to an un phone, and cable TV.
regulated marketplace may lead to only
one or a few firms dominating most indus
tries. This arrangement may be profitable Equality in
in the short term, although it is contrary to Socialism and Capitalism
low prices. The liberal alternative of gov
ernment ownership or tight regulation Capitalism differs from socialism mainly
tends to result in a government monopoly in terms of government versus private own
or stifled private enterprise. This results in ership and operation of the major means of
reduced business profits, although it might production and distribution. Capitalism
286 | Win-Win Applications
Goals
C L
C
Marketplace (monopoly) + –
L
Government ownership or tight regulation (monopoly) – +
N
Some of both (mixed economy) 0 0
SOS or win-win solution
Stimulate competition through well-placed subsidies ++ ++
also differs from socialism with regard to nue Service (IRS) instead of paying the IRS
the extent to which inequality of income (Table 41.9).
and wealth is allowed. A better approach is to emphasize the
Under pure capitalism, there are no lim earned-income credit whereby the people
its to the degree of permissible inequality in below a minimum level who work are re
income and wealth. Under socialism, there warded by receiving an IRS payment.
are progressive income taxes and inheri Those who do not work receive public aid
tance taxes designed to promote a substan and assistance in finding a job. The SOS
tial amount of equality in income and may also provide tax breaks and subsidies
wealth. for upgrading individual skills to increase
Capitalism justifies economic inequality one’s productivity.
as a stimulus to increased productivity. The
theory is that people will work harder and
be more innovative to receive the rewards
Political and Economic
of greater income and wealth. Socialism
Competition and Prosperity
justifies having greater income equality as
the fair or equitable thing to do, especially
in the context of providing a minimum Figure 41.1 includes data only for indus
floor regarding food, shelter, and clothing trial nations. A separate figure could be
to the poor. made for developing nations. Among in
An SOS alternative that does well with dustrialized nations, those that provide for
regard to both the conservative and liberal competition in politics and economics have
goals involves allowing considerable in more prosperity than those that do not pro
equality in income and wealth but provid vide for competition in both activities. In
ing a minimum floor. This can be done dustrialized nations that provide for com
through a negative income tax whereby petition in only one of the two activities are
people who are below the minimum level likely to have middling prosperity, al
receive a payment from the Internal Reve though competition in politics may be
Win-Win Economics | 287
Goals
C L
Equity
Alternatives Productivity (Minimum Floor)
C + –
Income inequality (capitalism)
L – +
Income equality (socialism)
N 0 0
In between
SOS or win-win solution ++ ++
Negative income tax or earned-income credit
Tax breaks for upgrading skills
more important to prosperity than compe are macroeconomic issues, in contrast to is
tition in economics. sues that deal with the individual firm or
Figure 41.1 is designed mainly to relate with land, labor, and capital as the major
political and economic competition as key factors of production. Sometimes, govern
causes in prosperity. One could also inter ment policy is added as a fourth factor. We
pret Figure 41.1 as tending to show that consider government policy to be present
countries that have economic competition in discussing how to promote effectiveness,
are more likely to have political competi efficiency, and equity in using the other
tion and vice versa. In addition, the figure three factors and other societal resources.
could also be interpreted as tending to
show that industrialized nations are more
likely to have a higher standard of living Land
than nonindustrialized nations regardless
of political and economic competition. An A key trade-off issue dealing with land
other conclusion is that whether a country or natural resources in the United States is
has capitalistic private ownership or so the alleged conflict between high farm pro
cialistic government ownership is virtually duction and high farm income. The United
irrelevant to prosperity in comparison to States may be the only country in the world
political and economic competition and in in which farmers have been encouraged to
dustrialization. produce less to create artificially high
prices. In other countries, farmers are en
couraged to grow more to feed the popula
OTHER ECONOMIC ISSUES tion and have crops for export. A win-win
solution that was recently adopted under
The previously discussed economic issues the title of “Freedom to Farm” allows
all deal with the economy as a whole. They farmers to produce all they want in antici
288 | Win-Win Applications
pation that the world market will be able to crease. As a result, farmers could sell more
absorb their extra production. goods overseas, and so could all American
Unfortunately, when subsidies were producers. This would be a super win-win
abolished for setting aside land, the ability for America and the consumers of Ameri
of Asian and Russian markets to buy de can products.
creased. The problem is not the lack of de
mand or that American farm products are
high priced. There is plenty of demand, and Labor
American farmers are highly efficient. The
problem seems to be that when China or A good example of win-win labor policy
Russia want to buy wheat, they are likely to relates to the minimum wage. Whenever
buy it from Australia, Argentina, or Can there is a suggestion of raising the mini
ada because they can afford Australian, mum wage, management talks about hav
Argentinian, and Canadian dollars more ing to lay off workers, whose families will
than they can afford U.S. dollars. The U.S. starve. Labor talks about families already
dollar is high priced compared, for exam starving because the minimum wage is not
ple, to the Canadian dollar. a living wage. The usual result, however, is
The American government drives up the a compromise in which both sides are al
price of the dollar whenever it seeks to sell lowing for some alleged starvation. A win-
U.S. Treasury bonds to borrow from new win solution is needed whereby manage
lenders to pay off old lenders. We could re ment, for example, could pay less than 4
duce the national debt (like we have re monetary units an hour and labor could re
duced the annual deficit) through eco ceive more than 5 monetary units per hour.
nomic growth, which provides increased This involves minimum-wage vouchers
government revenue and decreased welfare that are worth $1. They are given to unem
spending. The price of the dollar would de ployed workers or to employers to enable
Win-Win Economics | 289
Lawrence Susskind
Consensus Building Institute
Massachusetts Institute of Technology-
Harvard Public Disputes Program
291
292 | Win-Win Applications
policy arenas in new ways. Thus, strategic nomic benefits and improvements in social
partnerships, involving cooperation among welfare?
groups that have not worked together be Such an experiment would require
fore (even among former “enemies”), may cabinet-level coordination. It would not
be necessary. The design and management have to take a very long time to design and
of such partnerships requires a great deal implement. Also, it should be organized
of attention. There almost always needs to specifically to determine whether super
be a “managing” partner, but even in such optimality is a feasible goal of national
cases, the ground rules governing the obli policymaking. Therefore, a learning or
gations of all the other partners must be evaluation component should be included.
clearly understood by everyone. Such new The key elements of such a national ex
relationships may take time to evolve. In periment would include
struction in the tools and techniques of
partnering may well have to be included as 1. An important environmental policy ques
part of any agreement. tion that needs to be addressed at the na
tional level
2. Commitments from multiple ministries
A NATIONAL EXPERIMENT (and other levels of government) and non
governmental leaders to participate
EDITOR’S NOTE: This chapter is modified from Stuart Nagel, ed., Cross-National Issues in Public Administra
tion and Policy: Privatizing, Decentralizing, and Democratizing (Westport, CT: Quorum-Greenwood, 1999).
295
296 | Win-Win Applications
Goals
C L
Alternatives Responsiveness Uniformity or Widespread
C
State-local + –
Allocate 100% or all $500
L
Central – +
Allocate 100% or all $500
N
Regional offices 0 0
Central money, state-local rules
Central rules, state-local enforcement
SOS
Both get $500 ++ ++
Or more than $250 apiece
NOTE: C, conservative; L, liberal; N, neutral; SOS, super-optimum solution or win-win solution. Dollar
amounts are in millions.
Goals
C L
Alternatives Responsiveness Uniformity or Widespread
C
Business decisions + –
L
Government decisions – +
N
Both 0 0
SOS
2% payroll tax ++ ++
Not collected if used for new
technologies
the substantive goals may be. Thus, win- Liberals likewise again talk about the need
win decentralization tends to result in for uniformity on the assumption that most
more authority for all units that have an in or many business firms will fail to adopt
terest in seeing the goals achieved. new technologies. The win-win solution
might be the one proposed by Secretary of
Labor Robert Reich. He once was enam
CENTRAL VERSUS ored of the Japanese MITI, but he later
BUSINESS DECISIONS thought such an approach involved virtu
ally playing God. Instead, he advocated a
Table 43.2 indicates that conservatives 2% payroll tax on every business firm in
would like to leave the adoption of new the United States but with hopes that no
technologies solely to business firms, with firm would pay the tax.
no government interference. Liberals like The reason they would not have to pay
government agencies such as the Japanese is because the tax law would provide that
Ministry of International Trade and Indus they get a 100% credit if they use the
try (MITI), which makes major technology money to buy new technologies. All they
decisions regarding auto manufacturing, would have to do at payroll tax time is sub
steel, electronics, computers, and so on. mit a form indicating how they have spent
Conservatives abolished the U.S. Office the money on new technologies. They
of Technology Assessment because they would have a strong interest in not sending
viewed it partly as a step toward a U.S. the money to Washington. They would
MITI. also have a strong interest in improving
In this context, conservatives again talk their technology as best as they can.
about responsiveness and business firms Some people would argue that business
knowing best what technologies they need. firms would spend the money wisely with
298 | Win-Win Applications
Goals
C L
Alternatives Responsiveness Uniformity or Widespread
C
Individual decisions + –
L
Government decisions – +
N
Both 0 0
SOS
Vouchers from government
Individual decisions on how to spend ++ ++
the vouchers
out the payroll tax. Such an argument runs training programs, such as the Works Prog
contrary to the fact that when President ress Administration of the depression years
Reagan gave business firms a 30% across or the public school system but for adults.
the-board tax break, very little money went By letting individuals make training de
into new technologies; rather, it was spent cisions, conservatives argue that respon
on real estate, luxury goods, and high CEO siveness to individual abilities and inter
salaries, as contrasted to the Japanese in ests is more likely to be met. Leaving it to
vestment. Thus, the 2% payroll tax credit the individuals is also more likely to be re
does combine (a) responsiveness to the sponsive to market forces of supply and
needs of the business firms because they demand. Liberals justify a more govern
know what technologies they need and (b) mental approach on the grounds that such
the goal of having the United States more an approach can bring everybody up to a
uniformly increase its technology. certain level of computer literacy and
knowledge of contemporary science. By
raising virtually everybody above such
CENTRAL VERSUS a threshold, a desirable uniformity is ob
INDIVIDUAL DECISIONS tained.
A win-win solution might involve the
Table 43.3 indicates that conservatives federal government giving a $2,000 train
would like to leave the decision to individ ing voucher to every man, woman, and
uals as to whether to get training and what child or at least to every adult older than
training to get to be able to adopt to chang age 18. Such a voucher could be used to pay
ing times, especially technologies. Liberals for whatever training individuals thought
would like to have the government set up best in light of their abilities and interests
Win-Win Decentralizing | 299
and in light of the current supply and de tralized in terms of funding. This provides
mand for people with the training the indi the best of both in a win-win way. The win
viduals pursue. ners are not only conservatives and liberals
Such a policy would be highly respon but also (a) individual trainees, whose
sive. It would also result in a high degree of training enables them to earn higher and
training, which would not occur if people more satisfying incomes; (b) their trainers,
had to use their own money. Some people who make money performing a service by
do not have the money available. Those upgrading the skills of trainees; (c) the gov
who do may not be farsighted enough to ernment, which gets more revenue from
spend it on training. The voucher would be the increased gross national product that
worthless unless it is spent for training. It more than offsets the cost of the vouchers;
would be an earmarked voucher, similar to (d) the children and grandchildren of the
a housing voucher or food stamps, that trainees, who now have better role models;
could be cashed in only by accredited train (e) the customers, clients, patients, and
ing programs or on-the-job training pro other beneficiaries of the better trained in
grams. The existence of so many vouchers dividuals; and (f) taxpayers, who receive
would stimulate entrepreneurs to develop savings in various forms of public aid that
worthwhile training programs to attract might be paid to the trainees who might
the voucher holders. otherwise be unemployed without the
Such a policy would be highly decentral training.
ized in terms of decision making but cen
CHAPTER 44
Win-Win Justice
301
302 | Win-Win Applications
Goals
C L
Alternatives Convict the Guilty Acquit the Innocent
C
Easier to convict the guiltya + –
L
Easier to acquit the innocentb – +
N
Between <C and >L 0 0
c
SOS or win-win solution
>C and >L ++ ++
tive is to develop procedures of super- may mean public policy directed toward
optimum justice in which there is improve safer cars, safer roads, and safer drivers.
ment in the achievement of both goals The key dilemma in economic justice is
over the status quo. One example is video based on the desire of conservatives to have
taping all trials to provide an easily acces individualistic private enterprise versus the
sible record of the testimony, thereby fa desire of liberals to conduct business in a
cilitating greater accuracy in both the more collectivistic way (Table 44.3). One
convicting of the guilty and the acquitting form of super-optimum economic justice in
of the innocent. this context is to have title or ultimate re
The key dilemma in civil justice is based sponsibility for factories, farms, public ed
on the desire of conservatives to protect ucation, police protection, and other such
business firms and insurance companies societal activities in the hands of govern
from liability to consumers, workers, and ment while contracting out the operations
others versus the desire of liberals to have for all such activities. Another form of
injured consumers, workers, and others super-optimum economic justice is to have
adequately compensated (Table 44.2). The a free market that is made competitive
objective is to develop procedures that will through well-placed government subsidies
simultaneously save business from liability and tax breaks designed to stimulate multi
and save would-be victims from injury. In ple competing firms in every industry. Still
the realm of automobile accidents, this another form of super-optimum economic
304 | Win-Win Applications
Goals
C L
Alternatives Avoid Liability and Lawyers Compensate the Injured
C
Difficult liabilitya + –
L
Easy liability – +
N
In between 0 0
SOS or win-win solution
Reduce accidentsb ++ ++
Goals
C L
Alternatives Quality Goods Low Prices
C
Marketplace monopolya + –
L
Government ownership monopolyb – +
N
Some of both or mixed economy 0 0
SOS or win-win solution
Stimulate competitionc ++ ++
Goals
C L
Alternatives Conservative Liberal
C
Conservative + –
L
Liberal – +
N
Neutral 0 0
SOS or win-win solution ++ ++
justice in the realm of labor-management ables conservatives, liberals, and other ma
class conflict is to provide for relatively jor ideological viewpoints all to simulta
high wages to satisfy labor but relatively neously achieve better than their best ini
low payments to satisfy management. The tial expectations. The second principle is
difference is in the form of a wage-supple that an objectively unjust policy exists if
ment voucher with strings attached de the policy causes conservatives, liberals,
signed to provide for the upgrading of and other major ideological viewpoints all
skills through on-the-job training and the to simultaneously achieve worse than their
hiring of unemployed people, especially worst initial expectations. The third princi
those outside the labor force. ple is that a policy is neither objectively just
or unjust if it enables one or more major
ideological viewpoints to achieve worse
than their best expectations, although they
PRINCIPLES
achieve better than their worst expecta
tions.
The previously discussed examples lead to SOS or win-win analysis is difficult to
three principles of super-optimum or win- refute for the following reasons:
win justice (Table 44.4). All three princi
ples can be illustrated by all three exam
ples, rather than one example for each 1. If the solution really does exceed the con
principle. The first principle is that an ob servative alternative on the totals column
jectively just policy exists if the policy en that uses conservative goals and weights,
306 | Win-Win Applications
III
POLICY
EVALUATION
BIBLIOGRAPHIES
Part 1
POLICY
EVALUATION
IN GENERAL
CHAPTER 45
Core Bibliography
and Background
311
312 | Policy Evaluation in General
Policy Values
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Phillips, Llad, and Harold Votey. Economic
Tucker, Edwin. Adjudication of Social Issues:
Analysis of Pressing Social Problems. Chi
Text, Cases, and Problems. St. Paul, MN:
cago: Rand McNally, 1977.
West, 1971.
Social Humanities
Farley, Reynolds, ed. State of the Union: Amer Diesing, Paul. Science and Ideology in the Pol
ica in the 1990s: Social Trends. New York: icy Sciences. Hawthorne, NY: Aldine, 1982.
Russell Sage, 1995. Gutmann, Amy, and Dennis Thompson, eds.
Lazarsfeld, Paul, William Sewell, and Harold Ethics and Politics: Cases and Comments.
Wilensky, eds. The Uses of Sociology. New Chicago: Nelson-Hall, 1990.
York: Basic Books, 1967. Rothman, David, and Stanton Wheeler. Social
Widdison, Harold, ed. Social Problems 94/95. History and Social Policy. San Diego: Aca
Guilford, CT: Dushkin, 1994. demic Press, 1981.
Executive Process
Electoral Process
Campbell, Colin. The U.S. Presidency in Crisis: Berelson, Bernard R., Paul F. Lazarsfeld, and
A Comparative Perspective. Oxford, UK: William N. McPhee. Voting: A Study of
Oxford University Press, 1998. Opinion Formation in a Presidential Cam
Cohen, Jeffrey. Presidential Responsiveness paign. Chicago: University of Chicago Press,
and Public Policy-Making: The Public and 1954.
the Policies That Presidents Choose. Ann Lijphart, Arend, and Bernard Grofman, eds.
Arbor: University of Michigan Press, 1997. Choosing an Electoral System: Issues and
Thomas, Norman C., and Joseph A. Pika. The Alternatives. New York: Praeger, 1984.
Politics of the Presidency, rev. 4th ed. Wash Margolis, Michael, and Gary Mauser, eds. Ma
ington, DC: Congressional Quarterly, 1977. nipulating Public Opinion: Essays on Public
Opinion as a Dependent Variable. Pacific
Grove, CA: Brooks/Cole, 1989.
Administrative Process
Lobbying Process
Lynn, Naomi, and Aaron Wildavsky, eds. Pub Keefe, William. Parties, Politics, and Public
lic Administration: The State of the Disci Policy in America. Washington, DC: Con
pline. Chatham, NJ: Chatham, 1990. gressional Quarterly, 1998.
Perry, James, ed. Handbook of Public Adminis Key, V. O., Jr. Politics, Parties, and Pressure
tration. San Francisco: Jossey-Bass, 1989. Groups. New York: Crowell, 1953.
Rabin, Jack, Bartley Hildreth, and Gerald Truman, David B. The Governmental Process:
Miller, eds. Handbook of Public Adminis Political Interests and Public Opinion. New
tration. New York: Dekker, 1998. York: Knopf, 1953.
CHAPTER 46
Policy Problems or Subfields
Economy as a Whole
fields. Each field is divided into two major Inflation and Unemployment
subfields. For example, the economic field
is divided into macroeconomic and micro- Schultze, Charles. Memos to the President: A
economic policy. Each major subfield is Guide Through Macroeconomics for the
then divided into approximately three spe Busy Policymaker. Washington, DC: Brook
cific subfields. For example, the macro ings Institution, 1992.
economic subfield is divided into inflation- Dubnick, Melvin, and Alan Gitelson, eds. Pub
unemployment, taxing-spending, and or lic Policy and Economic Institutions. Green
ganizing the economy. The last specific wich, CT: JAI, 1991.
subfield refers to public-private interaction
and to monopoly versus competition.
Within each specific subfield, there are Taxing, Spending, and the Deficit
two books. The first is a non-Policy Studies
Organization (PSO) book that seems quite Reischauer, Robert, ed. Setting National Prior
relevant. The second is a PSO book on the ities: Budget Choices for the Next Century.
subject. A PSO book is one that (a) began Washington, DC: Brookings Institution,
as a Policy Studies Review or Policy Studies 1997.
Journal issue in short form; (b) is published Samuels, Warren, and Larry Wade, eds. Taxing
in a series coordinated by PSO for Lex and Spending Policy. Lexington, MA: Lex
ington, Sage, Greenwood, JAI, Macmillan, ington Books, 1980.
Ashgate, or another PSO series or set; and/
or (c) was funded, edited, or coordinated
by PSO with in-house funds or personnel.
317
318 | Policy Evaluation in General
Medical Care
TECHNOLOGY AND
SCIENCE POLICY: Rushefsky, Mark. Health Care Politics and Pol
PROMOTING INNOVATION icy in America. Armonk, NY: Sharpe, 1995.
Mills, Miriam, and Robert Blank, eds. Health
Insurance and Public Policy: Risk, Alloca
Physical Planning
tion, and Equity. Westport, CT: Greenwood,
1992.
Environment
Housing
DOMESTIC POLITICS:
van Vliet, Willem, ed. The Encyclopedia of PROMOTING DEMOCRACY
Housing. Thousand Oaks, CA: Sage, 1998.
Hays, Allen, ed. Ownership, Control, and the There are four books (rather than two) un
Future of Housing Policy. Westport, CT: der each of these political categories be
Greenwood, 1983. cause effective formulation and implemen
tation of public policy requires effective
political institutions. It also requires pros
Transportation and Communication perity, merit treatment, personal develop
ment, peace, and law. Thus, a better reason
Bonnet, Thomas. Telewars in the States: Tele for four books is that PSO members gener
communications Issues in a New Era of ally read and write more political books
Competition. Lexington, KY: Council of than economic, social, technological, inter
Governors’ Policy Advisors, 1996. national, or legal books. There are also
Altshuler, Alan, ed. Current Issues in Transpor fewer subcategories under political. The
tation Policy. Lexington, MA: Lexington first two books are non-PSO, and the sec
Books, 1979. ond two are PSO.
320 | Policy Evaluation in General
1990.
Lijphart, Arend, and Bernard Grofman. Luard, Evan. The United Nations: How It
Choosing an Electoral System: Issues and Works and What It Does. New York: St.
Alternatives. New York: Praeger, 1984. Martin’s, 1994.
Grofman, Bernard, Arend Lijphart, Robert Baehr, Peter, and Leon Gordenker. The United
McKay, and Howard Scarrow, eds. Repre Nations in the 1990s. New York: St. Mar
sentation and Redistricting Issues. Lexing tin’s, 1992.
ton, MA: Lexington Books, 1982. Bartlett, Robert, Priya Kurian, and Madhu
Nagel, Stuart, and Vladimir Rukavishnikov. Malik, eds. International Organizations and
Combining Capitalism, Socialism, and De Environmental Policy. Westport, CT: Green
mocracy. Aldershot, UK: Ashgate, 1998. wood, 1995.
Policy Problems or Subfields | 321
War and Defense Policy Cornelius, Wayne, Philip Martin, and James
Hollifield, eds. Controlling Immigration: A
Ripley, Randall, and James Lindsay, eds. U.S. Global Perspective. Stanford, CA: Stanford
Foreign Policy After the Cold War. Pitts University Press, 1994.
burgh, PA: University of Pittsburgh Press, Teitelbaum, Michael, and Myron Weiner, eds.
1997. Threatened Peoples, Threatened Borders:
Snow, Donald, and Eugene Brown. An Intro World Migration and U.S. Policy. New
duction to U.S. Foreign Policy: Beyond the York: American Assembly, 1995.
Water’s Edge. New York: St. Martin’s, 1997. Kraft, Michael, and Mark Schneider. Popula
Kolodziej, Edward, and Robert Harkavy, eds. tion Policy Analysis. Lexington, MA: Lex
Security Policies of Developing Countries. ington Books, 1978.
Lexington, MA: Lexington Books, 1982.
Traditional Crimes Lugo, Luis, ed. Religion, Public Life, and the
American Polity. Nashville: University of
Walker, Samuel. Sense and Nonsense About Tennessee Press, 1994.
Crime: A Policy Guide. Belmont, CA: Wads- Monsma, Stephen, and Christopher Soper. The
worth, 1989. Challenge of Pluralism: Church and State in
Fisch, Mark. Annual Editions: Criminology 98/ Five Democracies. Lanham, MD: Rowman
99. New York: McGraw-Hill, 1998. & Littlefield, 1997.
Baker, Ralph, and Fred Meyer. Evaluating Al Dunn, William. Values, Ethics, and the Practice
ternative Law-Enforcement Policies. Lex of Policy Analysis. Lexington, MA: Lex
ington, MA: Lexington Books, 1979. ington Books, 1983.
Geis, Gilbert, and Ezra Stotland. White Collar Bartollas, Clemens, Stuart Miller, and Paul
Crime: Theory and Research. Beverly Hills, Wice. Participants in American Criminal
CA: Sage, 1980. Justice: The Promise and the Performance.
Stone, Alan. Regulation and Its Alternatives. Englewood Cliffs, NJ: Prentice Hall, 1983.
Washington, DC: Congressional Quarterly, Levine, James, Michael Musheno, and Dennis
1982. Palumbo. Criminal Justice in America: Law
Anderson, James. Economic Regulatory Pol in Action. New York: John Wiley, 1986.
icies. Lexington, MA: Lexington Books, Doig, Jameson. Criminal Corrections: Ideals
1976. and Realities. Lexington, MA: Lexington
Books, 1983.
Frederickson, George. Ethics and Public Ad Abraham, Henry. The Judicial Process. Oxford,
ministration. Armonk, NY: Sharpe, 1993. UK: Oxford University Press, 1993.
Handler, Joel. The Conditions of Discretion: Smith, Christopher. Courts, Politics, and the Ju
Autonomy, Community, Bureaucracy. New dicial Process. Chicago: Nelson-Hall, 1997.
York: Russell Sage, 1986. Dubois, Philip. The Analysis of Judicial Re
Calista, Donald. Bureaucratic and Governmen form. Lexington, MA: Lexington Books,
tal Reform. Greenwich, CT: JAI, 1986. 1982.
Part 2
POLICY STUDIES
ORGANIZATION
BOOKS
CHAPTER 47
Policy Studies
Organization Policy Books
325
326 | Policy Studies Organization Books
funds; (e) the royalties from which are paid Holden, Matthew, and Dennis Dresang. What
to PSO; or (f) has any one or more of the Government Does. Beverly Hills, CA: Sage,
previous five characteristics. We invite sug 1975.
gestions for future book topics, authors, Lowi, Theodore, and Alan Stone. Nationalizing
editors, contributors, and funding sources. Government: Public Policies in America.
Beverly Hills, CA: Sage, 1978.
Nagel, Stuart. Policy Studies in American and
BOOKS THAT CUT Elsewhere. Lexington, MA: Lexington
ACROSS POLICY PROBLEMS Books, 1975.
Crotty, William. Post-Cold War Policy: The Chen, Huey-tshy, and Peter Rossi. Using The
Social and Domestic Context. Chicago: ory to Improve Program and Policy Evalua
Nelson-Hall, 1995. tion. Westport, CT: Greenwood, 1992.
Policy Books | 327
Danzinger, Sheldon, and Kent Portney. The Dis Nagel, Stuart. Policy Evaluation: Making Opti
tributional Impacts of Public Policies. New mum Decisions. New York: Praeger, 1982.
York: St. Martin’s, 1988. _____. Law, Policy, and Optimizing Analysis.
Grumm, John, and Stephen Wasby. The Analy Westport, CT: Quorum, 1986.
sis of Policy Impact. Lexington, MA: Lex Nagel, Stuart, and Marian Neef. Operations
ington Books, 1981. Research Methods: As Applied to Political
Science and the Legal Process. Beverly Hills,
CA: Sage, 1976.
Normative Analysis _____. Legal Policy Analysis. Lexington, MA:
Lexington Books, 1977.
Dunn, William. Values, Ethics, and the Practice _____. Decision Theory and the Legal Process.
of Policy Analysis. Lexington, MA: Lex Lexington, MA: Lexington Books, 1979.
ington Books, 1983. Palumbo, Dennis, Stephen Fawcett, and Paula
Fischer, Frank, and John Forester. Confronting Wright. Evaluating and Optimizing Public
Values in Policy Analysis: The Politics of Policy. Lexington, MA: Lexington Books,
Criteria. Newbury Park, CA: Sage, 1987. 1981.
Nagel, Stuart. Higher Goals for America: Tullock, Gordon, and Richard Wagner. Policy
Doing Better Than the Best. Lanham, MD: Analysis and Deductive Reasoning. Lexing
University Press of America, 1989. ton, MA: Lexington Books, 1978.
328 | Policy Studies Organization Books
Policy Analysis Software Nagel, Stuart. The Legal Process From a Behav
ioral Perspective. Belmont, CA: Dorsey,
Nagel, Stuart. Microcomputers as Decision 1969.
Aids in Law Practice. Westport, CT: Quo
rum, 1987.
_____. Decision-Aiding Software and Legal Policy Formation
Decision-Making: A Guide to Skills and Ap
plications Throughout the Law. Westport, Eyestone, Robert. Public Policy Formation.
CT: Quorum, 1989. Greenwich, CT: JAI, 1984.
_____. Law, Decision-Making, and Micro McClain, Paula. Minority Group Influence:
computers: Cross-National Perspectives. Agenda Setting, Formulation, and Public
Westport, CT: Quorum, 1991. Policy. Westport, CT: Greenwood, 1993.
_____. Decision-Aiding Software: Skills, Ob Mills, Miriam. Conflict Resolution and Public
stacles, and Applications. New York: Mac Policy. Westport, CT: Greenwood, 1990.
millan, 1991. _____. Alternative Dispute Resolution in the
_____. Applications of Decision-Aiding Soft Public Sector. Chicago: Nelson-Hall, 1991.
ware. New York: Macmillan, 1992. Nagel, Stuart, and Miriam Mills. Multi-Criteria
_____. Computer-Aided Decision Analysis: Methods for Alternative Dispute Resolu
Theory and Applications. Westport, CT: tion. Westport, CT: Quorum, 1990.
Quorum, 1993.
_____. Systematic Analysis in Dispute Resolu
Nagel, Stuart, and Lisa Bievenue. Teach Your
tion. Westport, CT: Quorum, 1991.
self Decision-Aiding Software. Lanham,
MD: University Press of America, 1992.
Nagel, Stuart, and David Garson. Advances in
Social Science and Computers. Greenwich,
Policy Implementation
CT: JAI (annual series).
Edwards, George. Public Policy Implementa
tion. Greenwich, CT: JAI, 1984.
Win-Win Policy Evaluation Mazmanian, Daniel, and Paul Sabatier. Effec
tive Policy Implementation. Lexington,
Nagel, Stuart. Global Policy Studies: Interna MA: Lexington Books, 1981.
tional Interaction Toward Improving Public Palumbo, Dennis, and Donald Calista. Imple
Policy. New York: Macmillan, 1991. mentation and the Policy Process: Opening
_____. Legal Scholarship, Microcomputers, Up the Black Box. Westport, CT: Green
and Super-Optimizing Decision-Making. wood, 1990.
Westport, CT: Quorum, 1993. Palumbo, Dennis, and Marvin Harder. Imple
_____. The Policy Process and Super-Optimum menting Public Policy. Lexington, MA: Lex
Solutions. Huntington, NY: Nova Science, ington Books, 1981.
1994.
Electoral Processes
POLICY PROCESSES
AND STRUCTURES Crotty, William. Paths to Political Reform.
Lexington, MA: Lexington Books, 1980.
Processes _____. Political Participation and American
Democracy. Westport, CT: Greenwood,
General 1991.
DeSario, Jack, and S. Langton. Citizen Partici
May, Judith, and Aaron Wildavski. The Policy pation in Public Decision Making. West
Cycle. Beverly Hills, CA: Sage, 1978. port, CT: Greenwood, 1987.
Policy Books | 329
Holzer, Marc, and Stuart Nagel. Productivity Blank, Robert. Biomedical Policy. Chicago:
and Public Policy. Beverly Hills, CA: Sage, Nelson-Hall, 1995.
1984. Blank, Robert, and Miriam Mills. Biomedical
Levine, Charles, and Irene Rubin. Fiscal Stress Technology and Public Policy. Westport,
and Public Policy. Beverly Hills, CA: Sage, CT: Greenwood, 1989.
1980. Mills, Miriam, and Robert Blank. Health Insur
ance and Public Policy: Risk, Allocation,
and Equity. Westport, CT: Greenwood,
Technology Policy 1992.
Straetz, Ralph, Marvin Lieberman, and Alice
Innovation, Dispersion, and Impact Sardell. Critical Issues in Health Policy.
Lexington, MA: Lexington Books, 1981.
Bartlett, Robert. Policy Through Impact As
sessment: Institutionalized Analysis as a
Policy Strategy. Westport, CT: Greenwood,
Food Policy
1989.
Haberer, Joseph. Science and Technology Pol
Browne, William, and Don Hadwiger. World
icy. Lexington, MA: Lexington Books,
Food Policies: Toward Agricultural Interde
1977.
pendence. Boulder, CO: Rienner, 1986.
Hadden, Susan. Risk Analysis, Institutions, and
Public Policy. New York: Associated Faculty Hadwiger, Don, and William Browne. Public
Press, 1984. Policy and Agricultural Technology: Adver
Lambright, Henry, and Dianne Rahm. Technol sity Despite Achievement. New York:
ogy and U.S. Competitiveness: An Institu Macmillan, 1987.
tional Focus. Westport, CT: Greenwood, Helmuth, John, and Don Hadwiger. Interna
1992. tional Agricultural Trade and Market Devel
Roessner, David. Government Innovation Pol opment Policy in the 1990s. Westport, CT:
icy: Design, Implementation, Evaluation. Greenwood, 1993.
New York: St. Martin’s, 1988. Webber, David. Biotechnology: Assessing So
cial Impacts and Policy Implications. West
port, CT: Greenwood, 1990.
Energy Policy
Downing, Paul, and Kennth Hanf. Interna Davis, Charles E., and James Lester. Dimen
tional Comparisons in Implementing Pollu sions of Hazardous Waste Politics and Pol
tion Laws. Dordrecht, The Netherlands: icy. Westport, CT: Greenwood, 1988.
Kluwer Nijhoff, 1983.
Feldman, David. Global Climate Change and
Public Policy. Chicago: Nelson-Hall, 1994. Social Policy
Race
Housing and
Transportation
Riddlesperger, James, and Donald Jackson.
Presidential Leadership and Civil Rights
Altshuler, Alan. Current Issues in Transporta Policy. Westport, CT: Greenwood, 1995.
tion Policy. Lexington, MA: Lexington
Books, 1979.
Hays, Allen. Ownership, Control, and Future Age
of Housing Policy. Westport, CT: Green
wood, 1993. Dixon, John, and Rubert Scheurell. Social Secu
Montgomery, Roger, and Dale Marshall. rity Programs: A Cross-Cultural Compara
Housing Policy in the 1980s. Lexington, tive Perspective. Westport, CT: Greenwood,
MA: Lexington Books, 1980. 1995.
Policy Books | 333
335
336 | Policy Studies Organization Books
Nagel, Stuart, and Lisa Bievenue. Social Sci Nagel, Stuart. Decision-Aiding Software:
ence, Law, and Public Policy. Lanham, MD: Skills, Obstacles, and Applications. New
University Press of America, 1992. York: Macmillan, 1991.
_____. Law, Decision-Making, and Microcom
puters: Cross-National Perspectives. West
Teaching port, CT: Quorum, 1991.
_____. Applications of Decision-Aiding Soft
Bergerson, Peter. Teaching Public Policy: The ware. New York: Macmillan, 1992.
ory, Research, and Practice. Westport, CT: _____. Computer-Aided Decision Analysis:
Greenwood, 1991. Theory and Applications. Westport, CT:
Quorum, 1993.
Nagel, Stuart, and Lisa Bievenue. Teach Your
Policy Theory, Causes, Effects, self Decision-Aiding Software. Lanham,
and Goals MD: University Press of America, 1992.
Nagel, Stuart, and David Garson. Advances in
General Social Science and Computers. Greenwich,
CT: JAI, (annual series).
Chen, Huey-tsyh, and Peter Rossi. Using The
ory to Improve Program and Policy Evalua
tions. Westport, CT: Greenwood, 1992. Win-Win Policy Evaluation
Nagel, Stuart. Policy Theory and Policy Evalu
ation: Concepts, Knowledge, Causes, and Nagel, Stuart. Global Policy Studies: Interna
Norms. Westport, CT: Greenwood, 1990. tional Interaction Toward Improving Public
Policy. New York: Macmillan, 1991.
_____. Legal Scholarship, Microcomputers,
Normative Analysis and Super-Optimizing Decision-Making.
Westport, CT: Quorum, 1993.
Mucciaroni, Gary. “Whither Public Policy?
_____. The Policy Process and Super-Optimum
Liberalism, Conservatism, and Social
Solutions. Huntington, NY: Nova Science,
Change.” PSR symposium, 1990.
1994.
_____. Win-Win and Super-Optimizing Policy:
Basic Concepts and Principles. Westport,
Methods of Public Policy Evaluation CT: Quorum, 1996.
_____. Applications of Super-Optimizing Anal
General ysis. Greenwich, CT: JAI, 1997.
Nagel, Stuart, William Crotty, and James and Substance. Westport, CT: Greenwood,
Scaritt. Political Reform and Developing 1990.
Nations. Greenwich, CT: JAI, 1996.
Executive Branch
Processes
Herzik, Eric, and Brent Brown. Gubernatorial
Policy Information Leadership and State Policy. Westport, CT:
Greenwood, 1991.
McClain, Paula. Minority Group Influence:
Agenda Setting, Foundation, and Public
Policy. Westport, CT: Greenwood, 1993.
Judicial Branch
Mills, Miriam. Conflict Resolution and Public
Policy. Westport, CT: Greenwood, 1990.
Jackson, Donald, and Neal Tate. Comparative
_____. Alternative Dispute Resolution in the
Judicial Review and Public Policy. Westport,
Public Sector. Chicago: Nelson-Hall, 1991.
CT: Greenwood, 1992.
Nagel, Stuart, and Miriam Mills. Multi-Criteria
Nagel, Stuart. Computer-Aided Judicial Analy
Methods of Alternative Dispute Resolution.
sis: Predicting, Prescribing, and Adminis
Westport, CT: Quorum, 1990.
tering. Westport, CT: Quorum, 1992.
_____. Systematic Analysis in Dispute Resolu
tion. Westport, CT: Quorum, 1991. _____. Judicial Policy to Promote Legal Effi
ciency. Lexington, MA: Lexington Books,
1999.
Policy Implementation
Rural Policy
Government Branches
Sears, David, and Norman Reid. Rural Devel
Administrative Branch opment Strategies. Chicago: Nelson-Hall,
1995.
Ingraham, Patricia, and David Rosenbloom.
The Promise and Paradox of Civil Service
Reform. Pittsburgh, PA: University of Pitts Local Policy
burgh Press, 1992.
Mitchell, Jerry. Public Authorities and Public Ben-Elia, Nahum. Strategic Changes and Orga
Policy. Westport, CT: Greenwood, 1992. nizational Reorientations in Local Govern
Nagel, Stuart. Administration and Decision- ment: A Cross-National Perspective. New
Aiding Software: Improving Procedure York: Macmillan, 1996.
338 | Policy Studies Organization Books
Brewer, Lucy. “In the Public Interest.” PSJ sym Health and Biomedical
posium, 1996.
Johnston, Van. “Privatization and Reinventing Blank, Robert. Biomedical Policy. Chicago:
Government.” PSJ symposium, 1997. Nelson-Hall, 1995.
Lowry, Robert. “Nonprofits and Public Pol Correa, Hector. Abortion Policy. Huntington,
icy.” PSR symposium, 1996. NY: Nova Science, 1994.
Recent Policy Books | 339
Graber, David, and James Johnson. “Environ Natural Resources and Conservation
mental Health Policy.” PSJ symposium,
1995. Desai, Uday. Moving the Earth: Cooperative
Harlow, Karen. “Long-Term Care Financ Federalism and Implementation of the Sur
ing and Public Policy.” PSR symposium, face Mining Act. Westport, CT: Greenwood,
1997. 1993.
Mills, Miriam, and Robert Blank. Health Insur
ance and Public Policy: Risk, Allocation,
and Equity. Westport, CT: Greenwood, Parks and Wilderness
1992.
Whittemore, Kenneth. “Mental Health Policy.” Hutcheson, John, Jr., Francis Noe, and Robert
PSJ symposium, 1994. Snow. Outdoor Recreation Policy: Pleasure
and Preservation. Westport, CT: Green
wood, 1990.
Mangun, William. Public Policy Issues in Wild
Food Policy
life Management. Westport, CT: Green
wood, 1991.
Hadwiger, Don, and Ross Talbot. “Agricultural
Mohai, Paul. “Change in the United States De
Trade and Marketing Policies.” PSJ sympo
partment of Agriculture Forest Service and
sium, 1992.
Its Consequences for National Forest Pol
Helmuth, John, and Don Hadwiger. Interna
icy.” PSJ symposium, 1995.
tional Agricultural Trade and Market Devel
opment Policy in the 1990s. Westport, CT:
Greenwood, 1993.
Webber, David. Biotechnology: Assessing So Housing and Transportation
cial Impacts and Policy Implications. West
port, CT: Greenwood, 1990. Hayes, Allen. Ownership, Control, and Future
of Housing Policy. Westport, CT: Green
wood, 1993.
Maggio, Mark, and T. Maze. “Transportation
Environmental Policy Infrastructure Policy.” PSJ symposium,
1993.
General
Age
Political-Legal Policy
Cutler, Neal, and Phoebe Liebig. Employing the
Elderly. Westport, CT: Quorum, 1997.
Dixon, John, and Rubert Scheurell. Social Secu
Foreign and International Policy
rity Programs: A Cross-Cultural Compara
tive Perspective. Westport, CT: Greenwood,
Crotty, William. Post-Cold War Policy: The In
1995.
ternational Context. Chicago: Nelson-Hall,
Harlow, Karen. “Long-Term Care Financing
1995.
and Public Policy.” PSR symposium, 1997.
Jones, L., and Glenn Bixler. Mission Financing
to Realign National Defense. Greenwich,
CT: JAI, 1992.
Native Americans
Lowell, Lindsay, and Demetrios Papa
demetriou. “Immigration and U.S. Inte
Legters, Lyman, and Fremont Lyden. American
gration Policy Reforms, and Economic
Indian Policy. Westport, CT: Greenwood,
Change.” PSR symposium, 1992.
1994.
Lyden, Fremont, and Lyman Legters. Native Nagel, Stuart. Global Policy Studies: Interna
Americans and Public Policy. Pittsburgh, tional Interaction Toward Improving Public
PA: University of Pittsburgh Press, 1992. Policy. New York: Macmillan, 1991.
_____. Resolving International Disputes
Through Super-Optimum Solutions. Green
Education wich, CT: JAI, 1997.
Bhola, H. “Adult Education Policy and Perfor Also see international aspects of eco
mance: An International Perspective.” PSR nomic, technology, social, and political
symposium, 1994. policy.
Nagel, Stuart. Legal Policy to Promote Compli Cingranelli, David. Human Rights and De
ance. Lexington, MA: Lexington Books, veloping Nations. Greenwich, CT: JAI,
1999. 1997.
Recent Policy Books | 341
DeGregoni, Thomas, and Harrell Rodgers. Also see the cross-national aspects of
Poverty Policy in Developing Countries. economic, technology, social, and political
Greenwich, CT: JAI, 1996. policy.
Nagel, Stuart, William Crotty, and James
Scaritt. Political Reform and Developing
Nations. Greenwich, CT: JAI, 1996.
CHAPTER 49
The Impact of Policy Studies
Organization Books
343
344 | Policy Studies Organization Books
Department of Energy The fact that the PSO has interacted well
Lawrence, Robert. New Dimensions to with government agencies does not mean
Energy Policy. Lexington, MA: that it has neglected the theoretical aspects
Lexington-Heath, 1979. of public policy studies. The Policy Studies
Journal (Vol. 17, pp. 240-241, 1988) listed
more than 20 landmark volumes in theo
Department of Health and Human Services
retical policy analysis that PSO has devel
Goldstein, Richard, and Stephen Sachs. oped, including the volume Policy Theory
Applied Poverty Research. Totowa, and Policy Evaluation (Westport, CT:
NJ: Rowman & Allanheld, 1983. Greenwood, 1989) and the PSO-Sage Year
book in Politics and Public Policy.
Department of Housing and Urban Develop
ment
Montgomery, Roger, and Dale Marshall. Thirteen More
Housing Policy for the 1980s.
Lexington, MA: Lexington-Heath, On pages 42 and 43 of the autumn 1996
1980. issue of Policy Evaluation, there is a list of
13 PSO books associated with the general
Department of the Interior work of the 13 cabinet-level federal depart
ments. Because that list was prepared a few
Foss, Phillip. Federal Lands Policy.
years ago, if you were currently the head of
Westport, CT: Greenwood, 1987.
a federal department, you would ask PSO,
“What have you done for me lately?”
Department of Justice I am glad you asked that question. It
Dubois, Philip. The Analysis of Judicial gives me an opportunity to show how ac
Reform. Lexington, MA: Lexington- tive PSO is in covering all 13 departments
Heath, 1982. with new symposia. The former announce
ment listed 13 references, 1 for each de
partment. Ten were commissioned by
Department of Labor
the departments and 3 by other funding
Bulmer, Charles, and John Carmichael. sources. The following list also contains 13
Employment and Labor-Relations references, 1 for each department. All these
Policy. Lexington, MA: Lexington- are more recent than the previously men
Heath, 1980. tioned 13 references. None are repeated.
All have been funded by the departments,
State Department the Ford Foundation, or other funding
Merritt, Richard. Foreign Policy Analy sources.
sis. Lexington, MA: Lexington- The PSO anticipates updating its analy
Heath, 1975. sis of the activities of the 13 or more de
partments every few years. This reflects its
interest in being policy relevant. Future
Department of Transportation
lists will also reflect the PSO’s interest in
Altshuler, Alan. Current Issues in Trans being highly international and interdisci
portation Policy. Lexington, MA: plinary.
Lexington-Heath, 1979.
Department of Agriculture
Treasury Department Browne, William, and Don Hadwiger.
Samuels, Warren, and Larry Wade. Tax World Food Policies: Toward Agricul
ing and Spending Policy. Lexington, tural Interdependence. Boulder, CO:
MA: Lexington-Heath, 1980. Rienner, 1986.
The Impact of PSO Books | 345
Department of Health and Human Services The following books were commis
Mills, Miriam, and Robert Blank. Health sioned by federal government agencies.
Insurance and Public Policy. West None of the books listed here were pub
port, CT: Greenwood, 1992. lished in “Policy Studies and Federal Policy
Making,” which appeared on pages 675
and 676 of the Policy Studies Review, Vol
Department of Housing and Urban Develop
ume 9, Issue 3:
ment
Hays, Allen. Ownership, Control, and
the Future of Housing Policy. West Department of Agriculture
port, CT: Greenwood, 1993. Browne, William, and Don Hadwiger.
Rural Policy Problems: Changing Di
Department of the Interior mensions. Urbana, IL/Lexington,
MA: PSO/Lexington Books, 1982.
Hutcheson, John, Francis Noe, and Rob
ert Snow. Outdoor Recreation Policy:
Pleasure and Preservation. Westport, Department of Commerce
CT: Greenwood, 1990. Dubnick, Mel, and Alan Gitelson. Public
Policy and Economic Institutions. Ur
Department of Justice bana, IL/Greenwich, CT: PSO/JAI,
Doig, Jameson. Criminal Corrections: 1991.
Ideals and Realities. Lexington, MA:
Lexington Books, 1983. Department of Education
Gove, Samuel, and Thomas Stauffer. Pol
Department of Labor icy Controversies in Higher Educa
Flood, Lawrence. Unions and Public Pol tion. Urbana, IL/Westport, CT: PSO/
icy: The New Economy, Law, and Greenwood, 1986.
346 | Policy Studies Organization Books
Federal Republic of Germany funding Davis, Charles, and James Lester. Dimen
sions of Hazardous Waste: Politics
Caiden, Gerald, and Heinrich Siedentopf.
and Policy. Urbana, IL/Westport, CT:
Strategies for Administrative Reform.
PSO/Greenwood, 1988.
Lexington, MA: PSO/Lexington Books,
1982.
Delaware and Illinois state funds
Downing, Paul, and Kenneth Hanf. Inter
Polley, Marian, and Michael Preston.
national Comparison in Implement
Race, Sex, and Policy Problems. Ur
ing Pollution Laws. Dordrecht: The
bana, IL/Lexington, MA: PSO/Lex
Netherlands, Kluwer-Nijhof, 1983.
ington Books, 1979.
ALTERNATIVE
DISPUTE
RESOLUTION (ADR)
AND SUPER-OPTIMUM
SOLUTION (SOS)
CHAPTER 50
Alternative Dispute Resolution
349
350 | ADR and SOS
Canto, Victor, Douglas Jones, and Arthur Fisher, Roger. International Mediation: A
Laffer. Foundations of Supply-Side Eco Guide for Practitioners. Cambridge, MA:
nomics. New York: Academic Press, 1983. Harvard Negotiation Project, 1980.
Caplan, Gerald. “Understanding the Contro Fisher, Roger, and William Ury. Getting to Yes:
versy Over the Legal Services Corporation.” Negotiating Agreement Without Giving In.
New York Law School Law Review 28 Boston: Houghton Mifflin, 1981.
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Cappelletti, M., and B. Garth, eds. Access to Comprehensive Guide to Resolving Con
Justice: World Survey. Amsterdam: Suthoff flicts Without Litigation. San Francisco:
& Noordhoff, 1978. Jossey-Bass, 1984.
Champagne, Anthony. Legal Services: An Ex Frank, Jerome. Courts on Trial: Myth and Real
ploratory Study of Effectiveness. Beverly ity in American Justice. Princeton, NJ:
Hills, CA: Sage, 1976. Princeton University Press, 1950.
Claremont, Kevin, and John Currivan. “Im Freedman, Leonard. Public Housing: The Poli
proving on the Contingent Fee.” Cornell tics of Poverty. New York: Holt, Rinehart &
Law Review 63 (1978): 529-639. Winston, 1969.
Cole, George, and Howard Greenherger. “Staff Garth, Bryant, ed. Research on Legal Services
Attorneys vs. Judicare: A Cost Analysis.” for the Poor and Disadvantaged: Lessons
Journal of Urban Law 50 (1973): 705, 716. From the Past and Issues for the Future.
Curtis, D. Toward a Just and Effective Sen Madison: Wisconsin Law School, Disputes
tencing System: Agenda for Legislative Re Processing Research Program, 1983.
form. New York: Praeger, 1977.
Goldman, Ralph. Arms Control and Peace
Dershowitz, Allan. Fair and Certain Punish
Keeping: Feeling Safe in This World. New
ment. New York: McGraw-Hill, 1976.
York: Random House, 1982.
Diennor, Richard. “How Case Evaluation Can
Goodman, Leonard, and Jacques Feuillan.
Improve Your Practice.” The Profitable
“The Trouble With Judicare.” American Bar
Lawyer 2 (October 1985): 13-15.
Association Journal 58 (1972): 476-81.
Domke, Martin. The Law and Practice of Com
Graves, David, Roy Nierenberg, and Robin
mercial Arbitration. New York: Callaghan,
Orden. The Art of Negotiating: User’s Guide
1968.
for the IBM PC and Compatibles. Berkeley,
Dorsen, Norman, and Stanley Zimmerman,
CA: Experience in Software, 1984.
eds. Housing for the Poor: Rights and Rem
edies. New York: New York University Handler, Jane, and Leora Wells. Neighborhood
School of Law, 1967. Legal Services: New Dimensions in the Law.
Downing, Paul. Environmental Economics and Washington, DC: HWE, 1966.
Policy. Boston: Little, Brown, 1964. Handler, Joel, Ellen Jane Hollingsworth, and
Dugan, Marie, ed. “Conflict Resolution.” Howard Erlanger. Lawyers and the Pursuit
Peace and Change special issue (summer of Legal Rights. New York: Academic Press,
1982). 1978.
Elkouri, F. How Arbitration Works. Washing Hannon, Philip. “The New Legal Services Cor
ton, DC: Bureau of National Affairs, 1980. poration: This Is Independence?” Okla
Epstein, William, and Bernard Feld, eds. New homa City University Law Review 9 (1984):
Directions in Disarmament. New York: 412-29.
Praeger, 1981. Harvard Law Review Editorial Board. “Neigh
Etzioni, Amitai. An Immodest Agenda: Re borhood Law Offices: The New Wave in Le
building America Before the Twenty-First gal Services for the Poor.” Harvard Law Re
Century. New York: McGraw-Hill, 1983. view 80 (1967): 805.
Fagan, Edward, ed. “The O.E.O. and Legal Ser Hayes-Roth, Frederick, Donald Waterman, and
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Alternative Dispute Resolution | 351
Hunt, Daniel. Artificial Intelligence and Expert Magaziner, Ira, and Robert Reich. Minding
Systems Sourcebook. New York: Chapman America’s Business: The Decline and Rise of
& Hall, 1986. the American Economy. New York: Har
Hwang, Ching-Lal, and Kwangsun Yoon. Mul court Brace, 1982.
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1981. 8 (May/June 1983): 18.
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593-690. The Administration of Justice in the United
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Michael Clarke, eds. Controversies in Envi and Arbitral Tribunals. New York: Harper,
ronmental Policy. Albany: State University 1955.
of New York Press, 1986. Moore, Christopher. The Mediation Process:
Kellor, E. American Arbitration: Its History, Practical Strategies for Resolving Conflict.
Functions, and Achievements. New York: San Francisco: Jossey-Bass, 1986.
Harper & Row, 1948. Muth, Richard. Public Housing: An Economic
Kerr, Norbert, and Robert Bray, eds. The Psy Evaluation. New York: American Enterprise
chology of the Courtroom. New York: Aca Institute for Public Policy Research, 1973.
demic Press, 1982. Myrdal, Alva. The Game of Disarmament:
Kidder, Robert. Connecting Law and Society: How the United States and Russia Run the
An Introduction to Research and Theory. Arms Race. Park Ridge, NY: Parthenon,
Englewood Cliffs, NJ: Prentice Hall, 1983. 1982.
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and the President of the United States. 17 (1965): 863-99.
Washington, DC: Legal Services Corpora _____. The Legal Process From a Behavioral
tion, 1980. Perspective. Homewood, IL: Dorsey, 1969.
Legal Services Evaluation Study. Literature _____. “Effects of Alternative Types of Counsel
Search Report. Radnor, PA: Chilton Re on Criminal Procedures Treatment.” Indi
search Services, 1971. ana Law Journal 48 (1973): 403-26.
“Legal Services: Guides, Law, Regulations.” _____. Improving the Legal Process: Effects of
Poverty Law Reporter. Chicago: Commer Alternatives. Lexington, MA: Lexington-
cial Clearing House, 1972. Heath, 1975.
Lerche, Charles. Principles of International _____. “Lawyer Decision-Making and Thresh
Politics. New York: Oxford University old Analysis.” University of Miami Law Re
Press, 1956. view 36 (1982): 615-42.
MacKinnon, F. Contingent Fees for Legal Ser _____. Public Policy: Goals, Means, and
vices: A Study of Professional Economics Methods. New York: St. Martin’s, 1984.
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dine, 1964. Litigation Strategy.” Akron Law Review 19
Maddi, Dorothy, and Frederic Merrill. The Pri (1985): 35-80.
vate Practicing Bar and Legal Services for _____. “Part/Whole Percentaging as a Use
Law-Income People. Chicago: American ful Tool in Policy/Program Evaluation.”
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352 | ADR and SOS
Richardson, Genevra. Policing Pollution: A Turner, Angela. “President Reagan and the Le
Study of Regulation and Enforcement. New gal Services Corporation.” Creighton Law
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Roberts, Paul. The Supply Side Revolution. Vago, Steven. Law and Society. Englewood
Cambridge, MA: Harvard University Press, Cliffs, NJ: Prentice Hall, 1981.
1984. Wice, Paul. Freedom for Sale: A National Study
Rosenthal, Douglas, Robert Kagan, and Debra of Pretrial Release. Lexington, MA:
Quatrone. Volunteer Attorneys and Legal Lexington-Heath, 1974.
Services for the Poor: New York’s CLO Pro Wice, Paul, and Peter Suwak. “Current Real
gram. New York: Russell Sage, 1971. ities of Public Defender Programs: A Na
Ross, Laurence. Settled Out of Court. Chicago: tional Survey and Analysis.” Criminal Law
Aldine, 1970. Bulletin 10 (1974): 161-83.
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1976. sor, Ontario: University of Windsor, Faculty
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phia: J. B. Lippincott, 1950.
Winter, Frederick. “An Application of Comput
Sales, Bruce ed. The Trial Process. New York:
erized Decision Tree Models in Manage
Plenum, 1981.
ment-Union Bargaining.” Interfaces 15
Sander, Frank. Mediation: A Selected Anno
(1985): 74-80.
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Association, 1984.
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Schuman, Frederick. International Politics.
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Zeleny, Milan. Multiple Criteria Decision
Schwartz, Murray, and Daniel Mitchel. “An
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Economic Analysis of the Contingent Fee in
Zemans, Frederick, ed. Perspectives on Legal
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SUPER-OPTIMUM MEDIATION
Equality and Dessert. Cambridge, MA:
Ballinger, 1979.
Staller, Jerome. “The Advantages of Alternative The following references provide further
Dispute Resolution in Tort Cases.” The relevant reading for those who wish to fol
Practical Lawyer 31 (1985): 57-66. low up on the topic of super-optimum me
Steuer, Ralph. Multiple Criteria Optimization: diation in rule making and other disputes:
Theory, Computation, and Application.
New York: John Wiley, 1986. Fisher, Roger, and William Ury. Getting to Yes:
Stumpf, Harry. Community Politics and Legal Negotiating Agreement Without Giving In.
Services: The Other Side of the Law. Beverly Boston: Houghton Mifflin, 1981.
Hills, CA: Sage, 1975. Folberg, Jay, and Alison Taylor. Mediation: A
Taylor, J. A Comparison of Counsel for Felony Comprehensive Guide to Resolving Con
Defendants. Arlington, VA: Institute for De flicts Without Litigation. San Francisco:
fense Analyses, Systems Evaluation Divi Jossey-Bass, 1984.
sion, 1972. Goldberg, Stephen, Eric Green, and Frank
Thomas, W. A Decade of Bail Reform. Berke Sander, eds. Dispute Resolution. Boston:
ley: University of California Press, 1976. Little, Brown, 1985.
354 | ADR and SOS
Moore, Christopher. The Mediation Process: Hendrick, Rebecca. “The Role of Heuristic
Practical Strategies for Resolving Conflict. Thinking in Policy Analysis.” In Public Pol
San Francisco: Jossey-Bass, 1986. icy Analysis and Management, ed. Stuart
Nagel, Stuart. Higher Goals for America: Nagel. Greenwich, CT: JAI, 1992.
Doing Better Than the Best. Lanham, MD: Kmietowicz, K., and A. Pearman. Decision
University Press of America, 1988. Theory and Incomplete Knowledge.
Nagel, Stuart, and Miriam Mills. Multi-Criteria Brookfield, VT: Gower, 1981.
Methods for Alternative Dispute Reso Kotz, Samuel, and Donna Stroup. Educated
lution: With Microcomputer Software Ap Guessing: How to Cope in an Uncertain
plications. Westport, CT: Greenwood- World. New York: Dekker, 1983.
Quorum, 1990.
Mack, Ruth. Planning on Uncertainty: Deci
_____. Systematic Analysis in Dispute Resolu
sion Making in Business and Government
tion. Westport, CT: Greenwood-Quorum,
Administration. New York: John Wiley,
1991.
1971.
Nyhart, Daniel, ed. Computer Models and
Moore, Carl. Profitable Applications of the
Modeling for Negotiation Management.
Break-Even Systems. Englewood Cliffs, NJ:
Cambridge: MIT Press, 1987.
Prentice Hall, 1971.
Susskind, Lawrence, and Jeffrey Cruikshank.
Breaking the Impasse: Consensual Ap Nagel, Stuart “Changing in the Goals, Means,
proaches to Resolving Public Disputes. New or Methods.” In Policy Studies: Integration
York: Basic Books, 1987. and Evaluation. Westport, CT: Greenwood,
Ury, William, Jeanne Brett, and Stephen 1988.
Goldberg. Getting Disputes Resolved: De _____. “Multiple Missing Information.” In
signing Systems to Cut the Costs of Conflict. Evaluation Analysis With Microcomputers.
San Francisco: Jossey-Bass, 1988. Greenwich, CT: JAI, 1989.
355
356 | ADR and SOS
One could consider the first perspective One could put into a separate category
as being the conservative perspective, people such as Bentham and John Stuart
wanting to go back in time. The second Mill, who talk about optimizing. One
perspective is liberal in looking to the fu could put Adam Smith and other conserva
ture here on Earth. The third perspective is tive economists of the 1800s and the 1900s
the dialectic that states that there is no con into this category. It is a position that could
tinuous progress—that the world involves be either conservative or liberal, depending
a conflict between the present and some an on what goals one is seeking to optimize. It
tithesis to it out of which results a synthesis is a higher level of thinking than pragma
that is likely to be better than either what tism. It does not apply as an evolutionary
existed before or what conflicts with it. It is school, however, unless one argues that the
a notion of progress, but one that involves optimum is the equilibrium. This is what
conflict or a kind of dialectic turmoil to Adam Smith argues—namely, that the
achieve it rather than it occurring virtually world will be optimum if the government
automatically as a result of one invention leaves it alone. The invisible hand of the
leading to two or more other inventions free marketplace will make for an optimum
and so on in a kind of exponential growth society. This, however, is really more a nor
or geometric progression. Marx and Hegel mative position of what should be rather
are most closely associated with the dialec than an empirical position of what is likely
tic. There could be a left-wing dialectic or a to be. It is difficult to argue that natural
right-wing dialectic in which the synthesis evolution is toward a free marketplace
in Marx’s case is ultimately a form of pure when it seems that every free marketplace
communism, and the synthesis in Hegel’s that has ever existed has always degener
case is a form of pure nationalism and ab ated into oligopoly or monopoly as some
stract ideals rather than material well businesses tend to take over, with the ex
being. Hegel’s dialectic gave rise to Hitler. ception of agriculture. There can be a mo
Marx’s dialectic gave rise to Lenin. Both nopoly, however, with regard to the sale of
are related to SOS analysis in the sense of a grain as contrasted to growing it, and there
status quo such as a conservative policy be can also be a monopoly if the government
ing attacked by a liberal policy. owns and operates all the farms.
Out of the conflict, a compromise could
arise rather than a higher-level synthesis.
No great philosopher has ever been espe Super-Optimum Analysis
cially in favor of the idea of compromise Fits Into the Broader Context
because it sounds so compromising in the
sense of not really standing up for princi All the previously discussed viewpoints
ple. The closest might be the pragmatists, tend to emphasize where the world is go
who argue that if something works then it ing, although they also indicate where it
is good and true. This is a low standard. should be going. All these viewpoints talk
SOS analysis does not simply ask that some about the inevitable role of God, the invisi
thing work. That is the approach of Herbert ble hand of the marketplace, inevitable
Simon—that is, to choose policies that can progress, and the inevitable dialectic.
meet a minimum threshold. On a higher Super-optimum analysis strongly em
philosophical level, one could say that such phasizes that no super-optimum solutions
an orientation is associated with John are inevitable. They require careful gen
Dewey and William James but not so much erating, adopting, implementing, and fa
with Bentham because he constantly talked cilitating. They do not happen acciden
about optimizing and the greatest happi tally. The following are important relevant
ness for the greatest number. This is opti aspects of win-win or super-optimum
mizing language, not satisfying language. analysis:
358 | ADR and SOS
1. Major progress has been made in the of whether they were narrow personal
past: This recognition boosts morale that goals or, better yet, liberal societal goals.
progress can be made in the future. The essence of progressive education is en
2. Much needs to be done: Pointing out how couraging the students to participate in the
bad things are inspires work to change learning process, to make up their own
things. minds, and to be captains of their own fate.
This is hated by authoritarians, who want
3. The world will get much worse if we do children to be dictated to because they
not work hard to improve it: This is the themselves were dictated to. His emphasis
pessimistic element in win-win analysis. on education rather than public policy-
4. The world will get much better if we do making reflects his own background. He is
work hard to improve it: This is the opti associated most with the philosophy of ed
mistic element in win-win analysis. ucation rather than the philosophy of gov
ernment or political science.
The position is taken that the world is
currently horrible compared to what it
could be, and it will inevitably get even SOURCES OF
more horrible unless something is done TRADE-OFF THINKING
about it. In this sense, it is related to the
viewpoint that emphasizes the fact that
things get worse if left to natural evolution. Pollution Example
The optimistic view is that by carefully
generating, adopting, implementing, and The idea of a pollution prevention cen
facilitating SOS, the world could be a much ter emphasizes the technological fix as con
better place in which to live, but there are trasted to an economic approach or a regu
no invisible hands or natural forces bring latory legal approach. The objective is to
ing it about—it has to be done deliberately. develop research on all manufacturing pro
None of the previously mentioned view cesses designed to prevent pollution from
points talk about the role of human beings occurring in the first place. It is based on
in determining their own future through the simple notion that it may be cheaper to
deliberate planning. They portray human prevent pollution than to use any other ap
beings as just being swept along by cosmic proach. Other approaches include
philosophical forces.
In that regard, maybe the democratic Finding some kind of commercial value for
pragmatists, such as John Dewey, come the waste products
closest to the win-win perspective on the Cleaning up the waste after it occurs
bad present along with the good future if
Retrofitting existing facilities
we work at it. They may have low stan
dards for what to achieve (although they Ordering by legal fiat a pollution reduction
vary). Lasswell would probably consider with penalties for failing to comply
himself a democratic pragmatist who had
high standards for world democracy, and The Archer Daniels Midland example
to some extent so did John Dewey. William takes a pollution reduction perspective in
James, however, was possibly overly influ arguing that there may be ways of process
enced by the conservative types, who em ing soybeans that can generate less pollu
phasized individuals seeking to maximize tion and also decrease the cost of process
their own good rather than higher-level ing. It is a matter of thinking in terms of
goals. The important point is that Dewey increasing benefits and decreasing costs si
placed emphasis on encouraging individu multaneously. If one starts with this posi
als to work to achieve their goals regardless tion, one is more likely to succeed than if
Literature Relevant to SOSs | 359
one starts with the following more tradi lower expenses simultaneously. Saying it
tional positions: takes money to make money implies that
expenses have to increase for income to in
We can reduce pollution, but it is going to crease, which may be true in a shortsighted
cost us something to do it. business perspective.
We can save manufacturing costs, but it will
decrease our compliance with the pollu
tion laws. GENERALIZING THE
SOS ORIENTATION
Both perspectives assume that if benefits
are going to increase, they have to be paid Much of the previous discussion relates to
for with higher costs. If costs are lowered, discussing super-optimum analysis on a
then the logical counterpart is that benefits more philosophical level to get people to
will be reduced. think more in terms in which it is possible
to have one’s cake and eat it too. The devi
ant exception is having one’s cake and not
Damming the SOS Stream being able to eat it or being in a position in
which benefits and costs have to act in a
Traditional reasoning has many streams, more traditional way. We would not want
such as the following: to go so far as to say especially in the short
run that every little mundane situation
1. Some kind of Newtonian view of the uni lends itself to simultaneously increasing
verse that says for every action there has benefits and decreasing costs. We are not
to be a reaction talking about buying paperclips. If one
2. Some kind of economics perspective that wants more paperclips, one has to spend
says there is no free lunch more money.
3. The cliché about the world is full of trade We are talking about problems of liter
offs acy, disease, and poverty. We are in effect
saying that if one wants less poverty, one
4. The way accountants view the world in does not have to spend more money to
terms of income and expenses moving in achieve it if one thinks in terms of a broader
opposite directions, meaning that if you time horizon than the expenditures of to
want to increase your income, you have day as contrasted to today and tomorrow.
to increase your expenses The poverty example is especially good be
5. The idea that it takes money to make cause a small amount of well-placed subsi
money dies today can produce large benefits to
morrow and a reduction in tax costs. In
The last expression may make sense in talk terms of public policy, that idea can be
ing about well-placed subsidies that may thought of as being universally applicable.
take awhile to pay off. Even in this case, There is no policy problem to which it does
however, the overall benefits increase and not apply. The environmental field is not in
the overall costs decrease across the time any way an exception. It just happens to be
horizon. The expression should be changed a field in which a great deal of experimen
to state that well-placed subsidies can tation is under way with new incentives
make it possible to increase income and and new ways of thinking.
CHAPTER 52
Super-Optimum
Solution Publications
361
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Doing Better Than the Best. Lanham, MD: proaches to Resolving Public Disputes. New
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mum Policy Analysis. Chicago: Nelson- Berkeley: University of California Press,
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Nagel has been especially interested in
applying super-optimum analysis to the
Legal Scholarship, Microcomputers, and Super-
policy problems of developing nations.
Optimizing Decision-Making. Westport, CT:
Publications in Nagel books regarding this
Quorum, 1993.
topic include the following:
Multi-Criteria Methods for Alternative Dispute
Resolution With Microcomputer Software
“Developing Nations and Public Policy.” In En
Applications. Westport, CT: Quorum, 1990.
cyclopedia of Policy Studies. New York:
Policy Analysis Methods and Super-Optimum
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Developing Countries.” In Public Adminis
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tions. Huntington, NY: Nova Science, 1993.
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Public Budgeting and Financial Manage
Introduction to African Development and Pub
ment: An International Journal (1992).
lic Policy. New York: Macmillan/St. Mar
tin’s, 1994.
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books might also be helpful: Policy. New York: Macmillan/St. Martin’s,
1994.
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sion-Aiding Software. Lanham, MD: Uni Optimizing Analysis and Chinese Policy
versity Press of America, 1992. Problems.” In Public Policy in China.
“Judicial Process Controversies and Super- Westport, CT: Greenwood, 1993.
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Judicial Analysis: Predicting, Prescribing, tal Policy.” In Global Policy Studies: Inter
Further Reading on Super-Optimum Solutions | 371
PROFESSIONALISM
IN POLICY
EVALUATION
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Pine City, MN 55063.
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Finding an Academic Niche
381
382 | Professionalism in Policy Evaluation
383
Part 5
PUBLIC POLICY
AND OTHER
DISCIPLINES
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Natural Science
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Part 6
SPECIAL
RESOURCES
CHAPTER 62
Policy Problems
by Developing Regions
Latin America
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Index
Automobile industry, 94
Abortion policy, 27
Academic freedom:
memos/investigations/injunctions, 114-117
alternative dispute resolution, 349-353
120, 215-216
computers in teaching, 381
AIDS, 126
cross-national policymaking, 346
Bibliographies
domestic politics, 319-320
(APSA), 177
employment opportunities, 106, 381
(table)
federal policymaking, 343-346
413
414 | Handbook of Public Policy Evaluation
language/culture, 392
Child care, 126-127, 197
400-401, 405-412
Children’s Health Insurance Program (CHIP),
networking/professional development,
Child support measures, 126
106-107
Civil Rights Act of 1964, 43, 192
philosophy, 391
Clayton Anti-Trust Act, 196
330, 336-338
Colonialism/imperialism, 28-30, 29 (table)
346, 403-404
political/economic, prosperity and, 286
policy theory, 403-404
287, 288 (figure)
400
transfer
338-341, 399-401
Congressional elections. See Campaign
400
Criminal justice practice:
super-optimum solutions, 355-356, 361 prison population rates and, 26 (table), 27,
371
30
Index | 415
279 (table)
275-277, 276 (table)
Environmental policy:
Economic policy:
resource protection, 198, 201 (table)
evaluation questions, 75
alternative to, 10-12, 11 (figure)
(table), 275-276
social welfare function and, 9, 10
(table)
equity
labor policy, 197, 201 (table)
(table), 30
Fair Labor Standards Act of 1938, 192, 197
policy fields, causal relations among, 151 Farming policies, 25, 287-288
(table)
Firearms, 223
Education:
coeffects analysis, 269, 272 (figure)
(table)
evaluation questions, 77
Employment policy:
institutions and, 184-186
196
See also Win-win allocation
Gender relations:
tort reform, 29 (table), 30
72 (figures)
Litigation, 93, 96, 192
automobile industry, 94
telecommunications, 95
(table), 30
See also Win-win mediation
Horowitz, D. L., 85
Los Angeles Department of Water and Power
Housing, 90-91
v. Manhart, 43
Immigration policy, 27
(table)
pollution control and, 13
Policy decisions
(table)
Islamic fundamentalism, 30
Media violence, 223-224
198
(MITI), 297
Labor-management disputes, 248-249, 249 Miriam K. Mills Research Center for Super-
250 (tables)
Optimizing Analysis and Developing
Legal policy:
Monopolies, 97, 196
Index | 417
Nelson, J., 81
Policy analysis framework, 145
brainstorming, 147
Okun, A., 7
development process, 145, 146 (table)
Organizational downsizing, 47
distillation process, 147-148
degenerative interaction, 50
propositions in, 148
53-56
53, 55-56
157
transfer
Policy decisions, 81
301-302
institutions/politics and, 83-84
Patent system, 28
neoclassical economics and, 82-83
in, 137-139
hybrid reforms, 160
(figure)
academic democracy, 382
and, 205
base wages, bonus absorption and, 69
Policy theory:
impact of, 66
Political policy:
motivational device of, 66
patent system, 28
administrator, selection criteria for, 91-92
policy fields, causal relations among, 151 air transportation industry, 93-94
win justice
litigation and, 93, 94, 95, 96
Productivity, 103
child care investment, 126-127
Index | 419
Public policy:
Redistribution systems, 7, 8-10
(table)
telecommunications, 95
discrimination, 197-198
anti-discrimination policy, 197-198, 201
environment/energy, 198
coeffects analysis, 269, 271 (figure)
unemployment/inflation, 195-196
Societal activities. See Public functions
Public sector. See Public functions Spending policy, 25, 280-281, 280 (table)
Substitutability principle, 7
Quasi-experimentation, 156
Sudman, S., 115, 116
policies
Race relations:
Super-optimum solutions (SOSs), 31, 359
(table)
arrow diagrams of, 232-233, 232 (figure)
(table)
bar graph approach, 31-32, 32 (figure)
(table) 32-36
(figure)
Sweatshop industries, 26
(table)
Taxation policies:
275-276
broken homes and, 224
281 (table)
Technology policy:
(table), 30
War policies:
environment/energy, 198
world peace and, 199
policy fields, causal relations among, 151 Weitzman, M., 65, 66, 69
transfer
Win-win allocation, 253
Telecommunications, 94-95
analysis of, 260-261
Terrorism, 29-30
arrest vs. summons, 259-260
Three-strikes rule, 30
budget expansion, 253-257, 254 (table),
Trade-off perspective:
crime reduction, 257-259
Index | 421
254-255
unemployment policy, 22-23, 23 (table)
bibliography, 6, 264-265
causal path models, 242-243, 243 (figure)
(figures)
dynamic models and, 235, 238-241
264
fourfold table, 236-237, 237 (figure)
steps in, 5
and, 237-238, 238 (table)
Win-win decentralization:
players/outcomes and, 235
297-298, 29 (table)
241-242, 241 (figure)
central vs. state/local governments, 295 probability model and, 236, 241-242, 241
(table)
justice defined, 301-302
(table)
pareto optimality and, 301-302
minimum wage/job training and, 288 Pareto optimum solutions and, 249, 250
289
251
276 (table)
redistricting programs, 171-173, 172
Win-win equity, 24
Works Progress Administration (WPA), 298
423