Introduction 1. Woman's Place in Man's Life Cycle 2. Images of Relationship 3. Concepts of Self and Morality 4. Crisis and Transition 5. Women's Rights and Women's Judgment 6. Visions of Maturity References Index of Study Participants General Index

In a Different Voice. Psychological Theory and Women’s Development. Cambridge, MA (Harvard University Press) 1982.

In many applications, assumptions about the log-concavity of a probability distribution allow just enough special structure to yield a workable theory. This paper catalogs a series of theorems relating log-concavity and/or log-convexity of probability density functions, distribution functions, reliability functions, and their integrals. We list a large number of commonly-used probability distributions and report the log-concavity or log-convexity of their density functions and their integrals. We also discuss a variety of applications of log-concavity that have appeared in the literature.

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Log-concave probability and its applications

Principal-agent models have been the basis for an extensive set of studies relating bureaucracy to elected officials. Yet despite the outpouring of research, there has been little attempt to test the basic assumptions of the principal-agent model. The model makes two assumptions: that goal conflict exists between principals and agents and that agents have more information than their principals, which results in an information asymmetry between them. But how valid are these assumptions? Can instances be found in which these assumptions do not hold? What happens when we vary these assumptions? In this article, we present both a critique of the traditional principal-agent model and a presentation of a broader theoretical framework for conceptualizing bureaucratic politics. Principal-agent models, derived from such disparate disciplines as law, finance, accounting, and economics, have become the basis for an extensive set of studies relating bureaucracy to elected officials (see Mitnick 1973, 1975, and 1980; Moe 1982, 1984, and 1985; Wood 1988; Wood and Waterman 1991, 1993, and 1994; Scholz and Wei 1986). Such models also have been extended to presidents' decisions to use force (Downs and Rocke 1994) and to the Supreme Court and its relationship to lower courts (Songer, Segal, and Cameron 1994). Despite this outpouring of research, few studies have directly examined the basic terminology and assumptions of the principalagent model. In this article our objectives are to examine principal-agent theory critically, to relax some of its restrictive assumptions, and in the process to present a more general theory of relationships between the bureaucracy and its political environment. Although our critique may be relevant to other uses of the principal-agent model, we limit our assessment to its use as a J-PART 8(1998):2:173-202 theory of bureaucracy. 173/ Journal of Public Administration Research and Theory Principal-Agent Models: An Expansion? THE PRINCIPAL-AGENT MODEL Despite the widespread referencing of the principal-agent model, only in rare instances does a researcher actually discuss the model and how its assumptions fit the problem to be studied. For this reason it is useful to review the model in its various incarnations and to examine its basic assumptions. The principalagent model, as applied in such disciplines as sociology, political science, and public administration, is in essence a theory about contractual relationships between buyers and sellers (see Ross 1973; Pratt and Zeckhauser 1985). As described by Charles Perrow: In its simplest form, agency theory assumes that social life is a series of contracts. Conventionally, one member, the 'buyer' of goods or services is designated the 'principal,' and the other, who provides the goods or service is the 'agent'—hence the term 'agency theory.' The principal-agent relationship is governed by a contract specifying what the agent should do and what the principal must do in return. (1986, 224) A common application in economics is the market for professional services, say between a patient—the principal—and a physician—the agent (Evans 1980). Assuming that both are rational utility maximizers, a patient and a physician are likely to have different goals. The patient would like to be made healthy but pay as little as possible. The physician would be interested in income so, therefore, faces the temptation to provide more medical services than are necessary or to charge a higher price than is warranted. In this exchange, patients are at a disadvantage because they cannot directly evaluate the services provided by the physician. In short, an information asymmetry exists, with an advantage to the physician. Principals seek to manipulate and mold the behavior of agents so that they will act in a manner consistent with the principals' preferences. The contractual arrangement is one tool for accomplishing this goal. The contractual arrangement played an important role in Mitnick's (1973 and 1975) formulation of an institutional or regulatory principal-agent model. Rather than focus on buyers and sellers in an exchange, Mitnick examined the relationship between agents in the regulatory bureaucracy and their political principals (e.g., legislators and interest groups). Mitnick's (1980, 146) framework included \"a typology of agency relationships generated from such dimensions as the level of consent between agent and principal regarding the agent's actions (e.g., whether or not a contract exists, a contract which may be formal or informal), the source of specification of the agent's acts . . . . and the level of discretion possessed by the agent.\" Mitnick noted 174/J-PART, April 1998 Principal-Agent Models: An Expansion? that agents could be motivated by the public interest or by their own narrow self-interest. Since agents enjoy information advantages over their political principals, he added, \"The regulators are thus seen as agents to be policed to adherence to the 'public interest* goals of some principal 'public.'\" But \"such policing is not costless. . . . Principals must pay specification costs to identify acts of the agent that would satisfy the principal's preferences, and policing costs in monitoring and enforcing compliance\" (p. 150). Given the existence of these costs, Mitnick concluded (p. 151), \"The rational principal attempts policing only if he expects a net return . . . We suggest that because of bounded rationality and information costs, not to speak of fundamental problems in valuation, the return to the given public interest criteria may be more difficult to measure and predict than certain obvious indicators wrongly assumed to be correlated with return to that interest.\" In other words, in the principal-agent relationship there is an \"inevitability of control loss\" phenomenon (p. 17). The idea that costs are involved in monitoring an agent, and that principals rationally can decide not to monitor their agents' behavior, explains why the public interest is so often made subservient to private interests in the regulatory arena (one of the main concerns of the regulatory literature). It also raises an important distinction between the economic and the institutional or regulatory principal-agent models. In the institutional model, if a political principal such as the legislature decides that it is not in its rational self-interest to police or monitor its bureaucratic agents, that principal is unlikely to directly bear any cost incurred by the agent's continued shirking. Instead, the bulk of that cost is passed along to the general public, which in a democracy is the legislative branch's political principal. Legislators would pay only a direct cost for their lax oversight of the bureaucracy if the public became aware of it (e.g., if there were a scandal) and sought retribution against legislators at the polls. On the other hand, in the economic model, if the buyer did not adequately monitor the agent's behavior, then the buyer (i.e., the principal) would directly bear the cost, for example, by paying higher fees for services rendered. Likewise, as Mitnick notes, the nature of the contractual arrangement in the regulatory arena can be either formal or informal, whereas formal contracts would be more likely to be adopted in the market-place setting. As these examples demonstrate, important differences emerge once we begin to apply the principal-agent model from market place transactions to the regulatory arena. When political scientists first applied principal-agent theory to bureaucratic settings, further differences emerged from the 175/ J-PART, April 1998 Principal-Agent Models: An Expansion? economic model. In its new formulation, as with buyers and sellers, it is assumed that politicians (principals) and bureaucrats (agents) do not necessarily share similar goals, or to use Mitnick's (1986, 4) terminology, \"have potentially differing preferences. . . .\" If we assume that they are rational utility maximizers (politicians maximizing reelection chances and bureaucrats maximizing budgets), politicians have an interest in policies that benefit their constituents but have no interest in paying excessively for them. Because politicians and political coalitions change over time and bureaucracies develop separate interests through institutionalization and changing external relationships, a potential conflict occurs when the goals and objectives of principals and agents are at odds. Over time politicians may seek to alter established policy toward their preferred objectives, which may or may not be the same as those of the original legislation or political coalition. Bureaucratic interests also diverge from the original policy through time as politicians develop expertise about how the policy should be implemented or gain support from constituencies that favor different approaches. Even if no policy disagreement exists, principal-agent theory suggests that bureaucrats are likely to shirk, to produce outputs at a higher than needed cost, or to produce a level of outputs that is lower than desired. Agency theory posits a dynamic process of interaction between principals and agents, which develops through time. In this process, bureaucrats are assumed to have distinct informational and expertise advantages over politicians. They better understand the policy and the organizational procedures that are required to implement it. They have both the opportunity and the incentive to manipulate politicians and processes for political gain (see Niskanen 1971; Miller and Moe 1983). For some policies, especially those of a technical nature, bureaucracies are more knowledgeable about organizational needs than politicians are, so politicians are reluctant to intervene. Therefore, the key question for agency theory is, How can politicians vested with contemporaneous legitimacy overcome these uncertainties and the bureaucracy's inherent tendency to shirk? (See Wood and Waterman 19

Principal-Agent Models: An Expansion?

Any theory of the manner in which governmental policies get formulated and implemented, as well as the effects of those actions on the world, requires an understanding of the behavior of major types of governmental institutions (legislatures, courts, administrative agencies, chief executives), as well as the behavior of interest groups, the general public, and the media. The dominant paradigm of the policy process, the stages heuristic popularized by Jones (1970), Anderson (1975), and Peters (1986), has outlived its usefulness and must be replaced, in large part because it is not a causal theory. In the course of their empirical work, policy scholars have highlighted a number of phenomena that need to be incorporated into theories of the policy process. The development of such theories requires an integration ‘of both political scientists’ knowledge of specific institutions and behavior and policy scholars' attention to policy communities, substantive policy information, etc.Innovations by Policy Scholars in Understanding the Policy ProcessAt least since World War II, most political scientists have tended to focus on either a specific type of institution (legislatures, the presidency, courts, interest groups, administrative agencies, local governments, political parties) or on specific types of political behavior outside those institutions (public opinion, voting, political socialization). These have become the standard subfields within the discipline.In contrast, scholars interested in public policy have not been able to stay within these subfields because the policy process spans all of them. In the course of empirical work, policy scholars have highlighted a number of phenomena often neglected by political scientists without a policy focus:a) The importance of policy communities/networks/subsystems involving actors from numerous public and private institutions and from multiple levels of government;b) The importance of substantive policy information;c) The critical role of policy elites vis-a-vis the general public;d) The desirability of longitudinal studies of a decade or more;e) Differences in political behavior across policy types.

Toward Better Theories of the Policy Process

FACTS An officer in Midvale, Utah was doing some paperwork in his patrol car when he was approached by man, later identified as Nitokalisi Fonua (hereinafter, “Nick”). Nick “looked suspicious,” mainly because he was “jittery, looking around and appeared to be very nervous.” Nick’s suspicion rating jumped dramatically when, for no apparent reason, he informed the officer he had stolen a white GMC Blazer, which he had parked nearby. Naturally, the officer asked Nick if he would show him the Blazer, and Nick said sure. When they located the Blazer, the officer walked over and looked inside. The first thing he saw was a sawed-off shotgun on the back seat. Then he noticed some markings on the shotgun, “markings that looked gang-related.” Nick told the officer that the key to the Blazer was inside his motel room at the Days Inn. Also in the room, he said, were his “cousins,” meaning “people he knows from the streets.” The officer asked Nick “if we could obtain the keys to the vehicle so we could turn those back over to the owner.” Nick said the keys “were in the room somewhere” and that he “didn’t care” if the officer went in and retrieved them. Nick also gave the officer his key to the room. When backup arrived at the motel, officers knocked on the door which was opened by a man named Vake. There were two other occupants: a woman and Kimoana, the defendant. By this time, the officers were aware that Kimoana—not Nick—had rented the room. The first thing the officers saw as the door opened was the woman pointing “an unidentified black object” at the wall. Concerned for their safety, they ordered the occupants to “show their hands.” Then they pat searched them. Finding no weapons (the “unidentified black object” was a television remote control), they holstered their guns. Although the officers already had Nick’s consent to search the room, they sought and obtained consent from Vake. During the search, they found a “long-barreled revolver” under a mattress. As the result, Kimoana was convicted of being a felon in possession of a firearm.

United States V. _____

While many fine works of scholarship examine the role of the Supreme Court in American politics, there has been a dearth of scholarly books that focus on the Courts of Appeals. "Continuity and Change on the United States Courts of Appeals "is unique both in its focus on this level of the judiciary and its approach that examines major trends over the twentieth century. Since the Supreme Court has the discretion to refuse to hear almost all cases appealed to it, the Courts of Appeals are usually the final option for litigants in the federal system. Unless overturned by the Supreme Court or, in cases decided on the basis of statute, by Congressional action, the rulings can have a significant impact on government policy.The authors present the first comprehensive examination of the shifting role of the Courts of Appeals, investigating changes over time and presenting the first systematic analyses of those changes. Their work is the first book to utilize the database of the U.S. Courts of Appeals, analyzing over 15,000 cases to examine trends between 1925 and 1988. The book answers questions such as who are the judges? What are their decisional tendencies? What has been the role of region and partisan politics? Who are the litigants? And who has won and who has lost throughout the twentieth century? It is the only current, up-to-date book on the Courts of Appeals and an essential read for all scholars and students interested in American politics and judicial behavior.Donald R. Songer is Professor of Political Science, University of South Carolina. Reginald S. Sheehan is Associate Professor of Political Science and Director of the Program for Law and Juridical Politics, Michigan State University. Susan B. Haire is Assistant Professor of Political Science, University of Georgia

Continuity and Change on the United States Courts of Appeals

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Making Law in the United States Courts of Appeals

In this article, we examine factors that influence appellate supervision in the lower tiers of the federal judicial hierarchy. Drawing on the insights of agency theory, we develop a framework to assess the determinants of circuit panel decisions to affirm or reverse federal district court rulings. Our analysis of U.S. Courts of Appeals' published civil rights decisions over a 29-year period (1971-1999) offers support for several hypothesized relationships. As expected, the outcome of appellate review varied with the level of agreement between the preferences of the circuit (as principal) and the policy position of the trial court (as agent). In addition, we found that circuits were more likely to affirm trial court decisions that were contrary to the preferences of the federal district court judge, suggesting that circuit judges may rely on ideological signals when evaluating appeals before them. We also hypothesized that the monitoring activities of circuits would be influenced by individual circuits' relationship with their principal, the Supreme Court. Consistent with these expectations, panels were more likely to reverse district court rulings that were incongruous with the policy predisposition of the High Court. In addition, as Supreme Court scrutiny of a circuit increased, the likelihood of a circuit panel subsequently reversing a district court also increased. Although further inquiry is necessary to clarify the interpretation of this result, the finding does suggest that district courts are more likely to engage in decision making that deviates from circuit preferences when that circuit faces more intense supervision from the Supreme Court. Introduction "In theory,... federal judges form a pyramid that supports the will of [Supreme Court] Justices. In reality, federal judicial power is widely diffused among lower court judges who are insulated by deep traditions of independence" (Howard 1981:3). As this quote describes, the federal judicial hierarchy is designed to enable the Supreme Court, sitting at the system's apex, to impose its collective will on lower federal judges. Yet the Court's control is far from absolute: the decentralized structure of the federal judicial system, in combination with the Court's limited institutional capacity, provide lower court judges with considerable discretion to fashion case outcomes in accordance with their own legal and policy preferences. These cross-pressures in the federal court system have led scholars to examine the extent to which the High Court successfully influences the decisional outputs of the courts below (Johnson 1979; Gruhl 1980; Songer 1987; Songer, Segal, & Cameron 1994; Cameron, Segal, & Songer 2000; Baum 1994). Appellate supervision over lower courts is not exercised solely by the U.S. Supreme Court. In the lower tiers of the hierarchy, circuit courts are expected to monitor the decisional outputs of the federal district courts (Baum 1980). Of course, the most significant supervisory tool available to the circuit court is the power to reverse or affirm the lower court. Although the power to reverse is exercised relatively infrequently by the circuit courts, it nevertheless serves as a compelling mechanism to shape lower court decision making and to signal the circuit's preferences concerning legal policy. Affirmances also serve to signal the circuit court's preferences and shape lower court decisional outcomes by confirming the approach adopted by the trial court. In this article, therefore, we ask how appellate courts use this significant power of review to control decision making in the lower courts. In particular, we seek to identify the critical determinants underlying appeals court judges' choices to alter the status quo created by the lower court's ruling. As part of that effort, we recognize that this decision may be influenced by an institutional environment in which resources are scarce and caseloads are high. Drawing from a theoretical perspective that recognizes the interplay between attitudes and institutional structures in models of judicial decision making, we identify and evaluate the determinants of circuit court decisions to affirm or reverse the judgment of the district court in civil rights and liberties cases over a 29-year period. …

https://www.jstor.org/stable/info/1555072

Appellate Court Supervision in the Federal Judiciary: A Hierarchical Perspective

nalysts of American political institutions have firmly established that party and region are important factors in voting behavior at both mass and elite levels of analysis. In this paper we examine the influence of party and region on the decisions of judges of the United States Courts of Appeals. Studies of voting patterns on the United States Supreme Court (Tate 1981), the federal district courts (Carp and Rowland 1983), and state appellate courts (see, for example, Ulmer 1962; Nagel 1961) have found both partisan and regional differences among judges. A number of studies of the United States Courts of Appeals have discovered significant differences in the voting patterns of Democratic and Republican judges on a wide spectrum of issues (Goldman 1966, 1975; Songer 1982; Gottschall 1983, 1986; Tomasi and Velona 1987). Such studies have found patterns that parallel the partisan differences in congressional voting: Democratic appellate judges are more likely than their Republican counterparts to support unions in labor management cases, defendants in criminal appeals, a liberal position in civil liberties cases, and the federal government in its attempts to regulate the economy. Carp and Rowland (1983) found modest regional differences between northern and southern judges on the federal district courts but they found no consistent differences between judges from the East and West. Both Democratic and Republican judges from the North were more liberal than their southern counterparts on criminal justice issues and on labor and economic management issues. The magnitude of regional differences increased substantially after 1968. For civil liberties issues, southern judges were slightly more liberal than northern judges from 1933 to 1968, but after 1968 northern judges in both parties became substantially more liberal than southern judges. More recently, Wenner and Dutter (1989) discovered significant differences for both the federal district and appeals courts among some of the circuits on environmental cases. However, the differences among circuits did not always follow regional lines consistently and they concluded that regional effects were more pronounced at the trial than at the appellate level.

The Impact of Party and Region On Voting Decisions in the United States Courts of Appeals, 1955-1986:

Over the past two decades there has been a rapid increase in the number of amicus curiae briefs filed in the Supreme Court. Some cases studied suggest that these briefs may have a substantial effec...

Donald R. Songer

Papers

Continuity and Change on the United States Courts of Appeals

Making Law in the United States Courts of Appeals

Appellate Court Supervision in the Federal Judiciary: A Hierarchical Perspective

The Impact of Party and Region On Voting Decisions in the United States Courts of Appeals, 1955-1986:

Interest Group Success in the Courts: Amicus Participation in the Supreme Court