State Politics & Policy Quarterly

Theories of legislative policy diffusion are well formed and extensively tested, but scholars know far less about the diffusion of legal policy and reasoning. Three decades ago, Caldeira’s “The Transmission of Legal Precedent: A Study of State Supreme Courts” examined this topic, but the intervening decades have been marked by considerable changes in both technology and the institutional structure of state supreme courts. We explore the effect of these changes by explaining modern translegal judicial communication in the United States. Relying on an original dataset encompassing every citation in every legal decision made by all 52 state supreme courts in 2010, we explore the effect of the proximity of two states and the prestige of the cited court on how frequently state high courts use one another’s precedents. We find evidence that both proximity and prestige increase cross-state citations.

We examine state legislator behavior on restrictive voter identification (ID) bills from 2005 to 2013. Partisan polarization of state lawmakers on voter ID laws is well known, but we know very little with respect to other determinants driving this political division. A major shortcoming of extant research evaluating the passage of voter ID bills stems from using the state legislature as the unit of analysis. We depart from existing scholarship by using the state legislator as our unit of analysis, and we cover the entirety of the period when restrictive voter ID laws became a frequent agenda item in state legislatures. Beyond the obviously significant effect of party affiliation, we find a notable relationship between the racial composition of a member’s district, region, and electoral competition and the likelihood that a state lawmaker supports a voter ID bill. Democratic lawmakers representing substantial black district populations are more opposed to restrictive voter ID laws, whereas Republican legislators with substantial black district populations are more supportive. We also find Southern lawmakers (particularly Democrats) are more opposed to restrictive voter ID legislation. In particular, we find black legislators in the South are the least supportive of restrictive voter ID bills, which is likely tied to the historical context associated with state laws restricting electoral participation. Finally, in those state legislatures where electoral competition is not intense, polarization over voter ID laws is less stark, which likely reflects the expectation that the reform will have little bearing on the outcome of state legislative contests.

Foundational studies in political science endeavored to explain the dynamics of voter turnout in America over time. Two theories, one focused on legal-institutional factors and the other on behavioral elements such as party mobilization strategies, were born from the need to account for temporal fluctuations in aggregate voter turnout. A comprehensive test of these competing theories has been hindered by the fact that reliable measures of the behavioral factors driving turnout have proven elusive. In this article, I develop and test an interactive theory of voter turnout that focuses on the impact of legal-institutional barriers to the franchise conditional on party organizational strength and mobilization efforts. To this end, I use data on the circulation of party-sponsored newspapers, coupled with information on the spread of voter registration requirements, to capture the effects of both behavioral and legal-institutional factors in Pennsylvania between 1876 and 1948. My results offer modest empirical support for an interactive theory of aggregate voter turnout. In isolation, however, the effects of behavioral factors are quite limited. On the contrary, legal-institutional variables exert a sizable impact on voter turnout in the state. Contrary to other recent work on the subject, careful analysis of the Pennsylvania case therefore provides a great deal of evidence in favor of legal-institutional accounts of the changes in aggregate voter turnout that were witnessed at the beginning of the twentieth century while demonstrating that behavioral factors, such as the decline of the partisan press, served to enhance the deleterious effects of legal reforms on turnout.

This article examines the impact of electoral politics on state welfare policy in the post-civil rights era South. In contrast to an emerging consensus concluding that southern African Americans materially benefited from rejoining the electorate, this study suggests that higher black registration rates actually reduced states’ poverty relief efforts. In the years immediately following the Voting Rights Act (VRA), when Democrats controlled state government, the significant negative relationship between the size of the black electorate and state welfare generosity was moderated to some extent by high levels of partisan competition. In such cases, Democrats ostensibly chose a “core” targeting strategy of pursuing lower-income votes and had the institutional wherewithal to purchase these votes with policy concessions. Overall, however, the liberal “Downsian” policy response to African American mobilization was dominated by an antiredistributive response. In the South, welfare policies were relatively conservative vis-à-vis the other states during Jim Crow and became more so in response to black voting.