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In this chapter, we discuss how the design and evolution of the Massachusetts Commission on LGBTQ Youth elevated respect for the lived experience of queer youth in setting policies that impact their lives. Originally founded in 1992, the Commission on Gay and Lesbian Youth was formed to respond to high suicide risk among gay and lesbian youth in the Commonwealth. That original Commission transformed in 2006 into an independent state agency established by law. Today, the Commission on Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (LGBTQ) Youth advises others in state government on effective policies, programs, and resources for LGBTQ youth and produces the Safe Schools Program with the Department of Elementary and Secondary Education. This chapter details the experience of artist and legal designer Alexander (Alex) Nally, who led agency and government relations on the Commission for five years, and focuses on how human-centered design approaches can improve policy interventions.
The Legal Design Lab is an interdisciplinary team based at Stanford Law School and d.school, which does exploratory design work and empirical research to reimagine how the legal system could work. They seek to build a new generation of legal products and services. This team uses human-centered design and agile development methodology to design new solutions for legal services. This chapter explores the value of interdisciplinary pedagogies in legal education and methods that are taught, with a focus on how design students can grow their ideas and innovation by engaging with legal actors and institutions.
This paper investigates the increasing, but complex, support for reparations among Democratic elected officials—highlighting their tendency to endorse the concept while deferring discussion of policy details. This strategic ambiguity is common in policy discourse and can be embedded within policy design, such as legislative proposals to create commissions tasked with studying and recommending future actions on reparations. The effectiveness of these reparations commissions is uncertain. They could represent productive steps toward genuine reparations or simply serve to alleviate political pressure without any substantial policy changes. We explore these potential outcomes in three inter-related analyses: a compilation and comparison of all bills mentioning slavery reparations introduced at the federal and state level, the first nationally representative public opinion poll asking about support for reparations commissions, and a content analysis of legislative bill texts establishing reparations commissions. Our findings suggest that while reparations commissions offer an effective way for Democratic policymakers to manage conflicting constituency pressures in the short term, their potential to propel forward, rather than stall, the reparations debate hinges on their design and execution.
Governments all over the world have transitioned away from directly providing public services to contracting and collaborating with cross-sectoral networks to deliver services on their behalf. Governments have thus pursued an array of policy instruments to improve interorganizational progress towards policy goals. In recent years, outcomes-based contracting has emerged as a compelling solution to service quality shortcomings and collective action challenges. Informed by public policy, public administration, and public procurement scholarship, this Element details the evolution of social outcomes in public contracting, exploring the relationship between how outcomes are specified and managed and how well such instruments deliver against policy goals. It comments on the possible drawbacks of contracting for social outcomes, highlighting how governments may use outcomes as an excuse to avoid actively managing contracts or to sidestep their accountability as outlined in public law. This title is also available as Open Access on Cambridge Core.
We propose a qualitative method of assessing a policy mix’s content, which can be utilized alongside currently common quantitative techniques such as counting the number of tools, policies, and levels of government involved. Focussing on whether or not the mix promotes flexibility or standardization and whether it is intended to be maintaining or innovating helps to better map existing policy mixes and inform design decisions than do more contentless quantitative methods. It has implications for theories of policy-making in improving on current depictions of the nature and dynamics of policy mixes, especially with respect to the impact of procedural tools, and also helps underscore the significance of what often appear in quantitative studies to be marginal or incremental shifts in instruments and goals. The utility of the model and its improvement on existing methods are illustrated through examination of two cases of banking regulation and pension policy in Canada.
This study conducts an optimal surrender analysis of reverse mortgage (RM) loans offered to elderly homeowners as a financing option. Recent market evidence on borrower early surrenders has raised concerns about the marketability of RM products and their impact on the program viability. In this article, we derive the borrower optimal surrender strategy as a function of the underlying value of the home used as collateral for RM contracts with tenure payment option. Using a probabilistic approach to American option pricing, we present a decomposition result for the value of the contract as the sum of its European counterpart without the surrendering provision and an early exercise premium. The methodology allows policymakers to assess the financial incentive of their policy design, from which we explain the existing market evidence about borrower rational lapse by means of the resulting surrender boundary and reference probabilities.
The diversity of knowledge surrounding behavioural insights (BI) means in the policy sciences, although visible, remains under-theorized with scant comparative and generalizable explorations of the procedural prerequisites for their effective design, both as stand-alone tools and as part of dedicated policy 'toolkits'. While comparative analyses of the content of BI tools has proliferated, the knowledge gap about the procedural needs of BI policy design is growing recognizably, as the range of BI responses grows in practice necessitating specific capabilities, processes and institutional frameworks to be in place for their design. This Element draws on the literature on policy design and innovation adoption to explore the administrative, institutional and capacity endowments of governments for the successful and appropriate integration of BI in existing policy frameworks. Further, we present three illustrative cases with respect to their experience of essential procedural endowments facilitating for the effective integration of BI in policy design.
Public inquiries regularly produce outcomes of importance to policy design. However, the policy design literature has largely ignored the many important ways that public inquiries can act as policy design tools, meaning the functions that inquiries can offer the policy designer are not properly understood. This Element addresses this gap in two ways. First, it presents a theoretical discussion, underpinned by international empirical illustrations, to explain how inquiries perform policy design roles and can be classified as procedural policy tools. It focuses on four inquiry functions – catalytic, learning, processual, and legitimation. Second, it addresses the challenge of designing inquiries that have the policy-facing capacities required to make them effective. It introduces plurality as a key variable influencing effectiveness, demonstrating its relevance to internal inquiry operations, the external inquiry environment, and policy tool selection. Thus, it combines conceptual and practical insights to speak to academic and practice orientated audiences.
Since 2014, the #BlackLivesMatter movement has worked to initiate police reforms designed to increase accountability and reduce the extrajudicial killing of Black and brown people. However, policy designs are typically congruent—meaning the allocation of benefits and burdens is generally aligned with how the target group is perceived by society. How could the movement motivate policy noncongruent action that would likely burden police—a group privileged by their position within a congruent, punitive, and racialized criminal justice policy culture? An examination of the innovation and diffusion of 12 noncongruent police reforms from 2014 to 2020 suggests the movement’s demands (1) reoriented the political and social contexts that fueled past diffusion processes, (2) activated key institutional actors—Black lawmakers—who served as entrepreneurs in state institutions, and (3) reactivated innovative states to serve as “leaders” in a new wave of noncongruent reform. This analysis provides a useful framework to understand how marginalized communities and their allies can exact real policy change in a political environment known for its unresponsiveness to the demands of marginalized groups.
Proponents of a basic income (BI) claim that, on top of many other benefits, it could bring significant reductions in financial poverty. Using microsimulation analysis in a comparative two-country setting, we show that the potential poverty-reducing impact of BI strongly depends on exactly how and where it is implemented. Implementing a BI requires far more choices than advocates seem to realise. The level at which a BI is set matters, but its exact specification matters even more. The impact of a BI, be it a low or a high one, also strongly depends on the characteristics of the system that it is (partially) replacing or complementing, as well as the socio-economic context in which it is introduced. Some versions of BI could potentially help to reduce poverty but always at a significant cost and with substantial sections of the population incurring significant losses, which matters for political feasibility. A partial BI complementing existing provisions appears to make more potential sense than a full BI replacing them. The simplicity of BI, however, tends to be vastly overstated.
Chapter 7 analyses the legal challenges that incorporation of AI-systems in the Automated State will bring. The starting point is that legal systems have coped relatively well so far with the use of computers by public authorities. The critical disruption of the Automated State predicted by Robert McBride in 1967 has not been materialised and, therefore, we have not been forced to substantively rethink the adequacy of how administrative law deals with machines. However, the incorporation of AI in automation may be that disruption. In this chapter, Bello y Villarino offers a counterpoint to those who believe that existing principles and rules can be easily adapted to address the use of AI in the public sector. He discusses the distinct elements of AI, through an exploration of the dual role of public authorities: a state that executes policy and a state that designs policy. The use of AI systems in both contexts are of a different regulatory order. Until now there has been an assumption that policy design should be allowed a broad margin of discretion, especially when compared to the state as an executor of policies and rules. Yet, the automation of policy design will require that public authorities make explicit decisions about objectives, boundary conditions, and preferences. Discretion for humans can remain, but AI systems analysing policy choices may suggest that certain options are superior to others. This could justify employing different legal lenses to approach the regulation of automated decision-making and decision-support systems used by the State. The reasoning, to some extent, could also be extrapolated to Automated Banks. Each perspective is analysed in reference to the activity of modern states. The main argument is that the AI-driven Automated State is not suited for the one-size-fits-all approach often claimed to apply to administrative law. The final part of the chapter explores some heuristics that could facilitate the regulatory transition.
Popular sovereignty requires a clearly defined and demarcated people. This chapter argues that the identity of the people in a liberal democracy is continually contested and renegotiated because any definition of the people in such a regime is endogenous to a specific political community which itself is ever-changing. As a result, liberal democracies renegotiate and redefine definitions of the people both formally, through laws governing citizenship, naturalization, and immigration, and informally, through redistributive policies and political rhetoric. This chapter illustrates this process of people-making by considering the claims for inclusion in “We the People” made by DREAMers and related efforts to remake definitions of “We the People” evidenced in the political rhetoric and policies of President Donald Trump.
This chapter analyses the policies of populist radical right party-led local governments in Austria, France, Italy and Switzerland. It assesses the extent to which their party ideology is evident. The analysis concerns three forms of policy: policy agendas, budgetary spending and policy designs. Each enables a different form of comparison to be made, through which the impact made by the parties and its cross-national variation is assessed. First, analysis of agendas reveals their policy priorities once elected into local government. These are compared with mainstream parties in similar contexts. Second, analysis of budgets shows the extent to which these priorities were realized in the form of spending. Comparison here is made with the preceding mainstream party-led local government in the same context. Third, analysis of their policies’ framing of target populations, policy tools and policy rationales demonstrates the varying extent to which they generate social constructions that align with party ideology. The leadership of local government by populist radical right parties in Western Europe is shown to lead to contrasting degrees and forms of policy impact.
Do our solutions to create credibility make a difference? Yes. This chapter and the rest of the book show how support for a clean energy transition increases when lawmakers make policies more credible and provide local economic benefits. We draw on various surveys and interviews to test our solutions for how credibility can be enhanced. For example, we demonstrate how laws rather than reversible promises can enhance credibility and garner more support. We also show how revealing the national consensus behind assistance to transitioning regions can reduce expectations of policy reversal. We also feature interviews with a range of energy firm executives and lobbyists, which complement our surveys of members of the public and local elected officials.
The sharing economy is transformative in that it decentralizes services by permitting direct transactions between individuals. A less recognized consequence is that it also decentralizes the geography of services, shifting their distribution away from major business districts and into residential communities. We present a three-part generalized theory for studying and developing policy responses to the arrival of these services in neighborhoods where they were not previously available. First, one must quantify the distribution of the new services across neighborhoods. Second, these geographic shifts in supply and demand can generate positive and negative externalities for communities, which might be hypothesized and tested for empirically. Third, policy responses can be developed based on the knowledge generated by components 1 and 2. We illustrate this proposed theory by examining the incursion of Airbnb short-term rentals into the neighborhoods of Boston, MA for 2010 to 2018. We demonstrate that Airbnb listings quickly grew into neighborhoods away from the downtown core where hotels are concentrated and hypothesize how this might increase investment in local buildings (measured through building permits), activity at local food establishments (measured through the number of new licenses), and crime (measured through 911 reports). We find initial evidence for increased investment through building permits and limited evidence for increased violent crime, but no evidence for increases in food establishments. This can then guide how cities regulate short-term rentals to maximize benefits and minimize negative impacts. We conclude by exploring how the theory might be applied to other forms of the sharing economy.
On-demand mobility services and Transportation Network Companies (TNC) are transforming urban mobility by providing more flexibility and improved level of service to users. However, they also raise concerns about their impact on congestion, vehicle miles traveled (VMT), and competition with transit. Considering the popularity of TNC services, increasing ride-pooling is, potentially, an important means to address these concerns. While companies attempt to promote ride-pooling with pricing strategies, evidence suggests that shared trips are a small fraction of all trips. We review the literature on the impact of TNC on congestion and ridership of alternative sustainable modes and discuss opportunities to improve sharing performance. We examine two such opportunities: Alternative operating models that use advanced booking to improve shareability; and collaboration with traditional transit. In the first case, we use a large TNC data set to assess the benefits of advanced booking in terms of increasing shared trips and reducing VMT. The results suggest that even with short advanced request horizons, significant benefits can be realized, with little deterioration of the level of service that customers experience. In the second case, we review results from various partnerships between TNCs and transit agencies and highlight the main characteristics.
Improving urban mobility systems has been one of the main engineering challenges especially in large cities and metropolitan areas. Since their emergence, ridesharing services have had a promising outlook on disrupting the current urban transportation system and using technology to solve its problems. However, studies on their current and projected future accomplishments towards this goal are divided. Despite being supported by many well-designed studies, many recent studies point out the new problems caused by these services or the exacerbation of the old problems after their entry to the mobility services mix of a city. This chapter reviews the research from both sides and describes policy measures and research gaps that could help mitigate such potential negative impacts on traffic congestion and improve the overall efficiency and effectiveness of the urban mobility systems.
States confront grave credibility challenges when designing and delivering redress programmes. These programmes involve the state judging if, and how, it will redress its own offences. The resulting lack of independence makes it difficult for states to be credible providers. Reflecting on lessons drawn from practical experience, this chapter thematises survivor participation and choice as it explores how flexible and survivor-focussed strategies can address the emergent challenges.
This Element argues that relational policy analysis can provide deeper insights into the career of any policy and the dynamics of any policy situation. This task is all the more difficult as the relational often operates unseen in the backstages of a policy arena. Another issue is the potentially unbounded scope of a relational analysis. But these challenges should not dissuade policy scholars from beginning to address the theme of relationality in public policy. This Element sketches a conceptual framework for the study of relationality and illustrates some of the promise of relational analysis using an extended case study. This title is also available as Open Access on Cambridge Core.
Extreme weather events and catastrophic disasters have led to the widespread damage and destruction of homes and communities, and have produced large levels of involuntary displacement. Globally, the numbers of displaced persons are expected to grow due to the frequency and intensity of extreme weather events, increased population exposure, and vulnerability to natural hazards. Several sociolegal complexities and dilemmas arise in addressing the needs of displaced populations and disaster survivors for which policy, governance, and legal solutions are not clearly defined. In this chapter, we draw on theories of social constructionism and contend that social constructions of displaced populations can affect the adoption, design, and implementation of laws and policies that apply to disaster survivors and displaced populations. Specifically, we examine how the perceptions, framing, and characterization of target groups of displaced populations such as school-aged children, homeless and highly mobile families, and long-time residents who have precarious forms of immigration status, can influence governance issues that may arise during post-disaster recovery both within affected and host communities. The findings suggest that despite formal expectations of equal legal treatment, positive and negative social constructions of target populations can lead to benefits and losses for those affected and displaced by disaster.