The study of U.S. state supreme courts has been significantly constrained by a lack of available data. To remedy this deficiency, this article introduces an original data set of every state supreme court ruling from 1995 through 2010. We utilize automated textual analysis to search the text of thousands of state supreme court decisions and extract critical information on each case. This automated coding approach produces reliable measures of state supreme court decision making when compared with data collected by human coders. We present trends in docket size, dissent rates, and legal issues being heard in front of the court. This new data set will offer scholars numerous opportunities to expand our knowledge of judicial politics in the American states.

In order to understand what factors drive child welfare policymaking, this research analyzes data on spending and legislation from the U.S. states over a three-year period. The key independent variables are scandal, litigation, federal oversight, and local discretion. While states that experience a scandal or a lawsuit do not increase their spending levels over previous years, they do enact more child welfare legislation. This raises the possibility that states engage in symbolic rather than substantive responses to child welfare crises. The administrative structure of the child welfare system also affects state policymaking.

Does the racial and ethnic diversity of the area in which a voter lives affect his or her political behavior? Scholars have suggested a range of such effects, but these conclusions have questionable generalizability because the behavior they typically examine is racially charged. In this article, I test more general affects of racial and ethnic context by examining political behavior on a range of issues, both racially relevant and racially neutral. Specifically, I examine the impact of the racial and ethnic context on individual-level voting by whites in initiative elections. Merging 1996 and 1998 Voter News Service state exit poll survey data and United States Census Bureau contextual data, I find that there is a distinct relationship between racial and ethnic diversity and white voting behavior on racially relevant ballot initiatives, but that racial diversity does not have a consistent impact on voting on race-neutral initiatives.

Since the late 1990s, Congress and the states have debated how to treat electronic commerce for purposes of sales taxation. Frustrated by their limited progress at the national level, advocates of policy change attempted to generate vertical diffusion by using increasingly aggressive state-level actions to press Congress to act. The state initiatives provided national legislators with an “opportunity to learn,” and a systematic analysis of congressional policymaking suggests that vertical diffusion affected the early stages of the legislative process. State policies influenced the specific options that national officials considered, the rhetoric they employed, and, less consistently, bill cosponsorship patterns. The impact of vertical diffusion receded, however, as the congressional debate continued. Its muted effect during the later stages of the legislative process implies that national officials do not necessarily learn from what occurs in the “laboratories of democracy.” In addition to shedding light on the shifting politics of electronic commerce, this study illustrates the benefits both of studying the impact of vertical diffusion on individual decision-making and of conceptualizing vertical diffusion as a process rather than as an outcome to be explained.

Studies of state judicial selection systems require accurate classification of electoral systems. While agreement exists for most states, Ohio and Michigan are difficult to classify. In this paper, we discuss the different practices and explain how, in the absence of candidates' party affiliation on the ballot, elections in these states may justifiably be classified as partisan. Replicating the results of an important study on participation in judicial elections, we show how the treatment of these states may result in differing substantive conclusions. We conclude by urging scholars to provide evidence that their results are robust to alternative classifications.

Although political parties in U.S. legislatures cannot compel discipline with the threat of expulsion from the legislature, they can encourage greater party loyalty by strategically bestowing benefits upon favored members. This article explores the use of plum committee assignments to encourage legislators' loyalty to their parties. I outline a theory of how party leaders can use committee assignments strategically to encourage more loyal legislative behavior. This occurs when legislative rules meet two criteria: (1) parties and their leaders can determine who serves on committees and (2) committees have real authority over policy outcomes. I test the theory using data from five state legislatures that differ on the relevant set of legislative rules, finding more party loyalty shown by legislators who receive plum committee assignments when rules meet both criteria and no effect when they do not.

Temple University led a six-university effort that built a comprehensive public policy database for Pennsylvania, modeled on the national Policy Agendas Project created by Frank Baumgartner and Bryan Jones (1993). The Pennsylvania database (www.temple.edu/papolicy) enables users to integrate data from all three branches of government and the news media organized into 20 major and 249 minor policy topics since 1979. This article discusses the value of these data, their potential uses in state policy research, and the lessons learned over the four years invested in building the database. Our hope is that interested readers might undertake similar projects in their states to create a standardized national network of state policy databases.

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.

How do state legislatures use statutory language to control policy implementation by state agencies? In this article, I consider—in a specific policy area and time period—the extent to which this decision is affected by legislative anticipation of the likely actions of state courts. Previous literature has argued that the legislative use of statutory language to control bureaucrats varies with the availability of nonstatutory methods of control, but it does not explicitly consider the potential role of courts. My expectations are derived from a simple formal model of executive–legislative relations and are supported when I test them using data on the number of words added to a state's Medicaid laws from 1995 to 1996. In particular, I find that state legislatures write longer, more constraining, statutes when the likelihood that state courts intervene on their behalf is neither very high nor very low.

This article examines how the institutional characteristics of state legislatures and governors affect state policy priorities. We argue that differences in the nature of their respective constituencies lead legislators to press for particularized benefits while governors favor collective goods. Empirical analysis of state-level data from 1982 through 2011 confirms that this is the case. The organizational arrangements of the two branches of government have an impact that is usually greater than that of state public opinion but generally less than that of state interest groups. The results from this analysis are important because they show that institutional structure has systematic effects that are independent of ideology, partisanship, and the other factors that are known to shape state policy making.

What explains the extension of greater rights to traditionally marginalized minorities? This article compares the extension of legal equality to lebian, gay, bisexual and transgender (LGBT) people in Mexico and the United States with a focus on the legal recognition of same-sex relationships. A national-level comparison of gay rights in Mexico and the United States presents a theoretical puzzle: most theories predict that the United States would have more egalitarian policies than Mexico, but in fact, Mexico has provided greater legal equality for LGBT people for a longer time than the United States. A subnational analysis of equal relationship rights in the United States and Mexico provides evidence to support social movement and partisan theories of minority rights. We find that religion plays a different role in Mexico than in the United States. The different findings at the national and subnational levels suggest the importance of subnational comparative analysis in heterogeneous federal systems.

Integrating a diversity of stakeholder voices in policymaking processes can lead to more legitimate and widely supported laws and rules. While most attention to stakeholder participation in public decision processes has focused on legislative policymaking or the role of industry stakeholders in regulatory processes, strategic choices about participation by non-industry stakeholders in rulemaking remains largely overlooked, particularly at the state level. Previous research shows that agency rulemaking processes often provide greater procedural access to industry actors, who may significantly influence final rule content by bringing greater technical knowledge to bear on rulemaking processes. Less is understood about the strategies used by non-industry stakeholders, such as environmental advocacy groups, to influence regulatory decisions. This study, which compares environmental rulemaking processes across three issues in five states, finds that industry actors and environmental advocacy groups both use a variety of participation strategies classically thought to be “insider” and “outsider” strategies, and that these choices are motivated by reasons other than the perceived effectiveness of the strategy within the formal rulemaking process.

In 1996, California voters approved Proposition 209, which banned the use of affirmative action in state hiring, contracting, and public university admissions. We know that white voters favored Proposition 209 more than nonwhite voters—the question is, why? Did they feel that the racial preferences given to growing numbers of members of racial and ethnic groups threatened them economically, or were they just motivated by old-fashioned racism? We test these two possible explanations—economic anxiety and racial division—for the appeal of Proposition 209 to California voters using exit poll data. We find little support for the economic anxiety explanation. Instead, racial division seems to be the best way to understand white voting on Proposition 209.

In many states, agency rules are subject to review and possible veto by elected political officials in the legislative and/or executive branches. The consequences of this rule review authority are little understood. Using time-series cross-section data on state environmental compliance costs, this study investigates the impact that several types of administrative rule review procedures have on the stringency of state environmental regulation. The findings suggest that (1) both gubernatorial and legislative rule review powers are systematically associated with reduced environmental compliance costs, (2) legislatures controlled by the Democratic Party use rule review powers to reduce these costs less than Republican ones, and (3) the latter effect is observable only when legislatures have the power to amend or veto rules without the approval of the governor. These results indicate that rule review plays an important, but complex, role in shaping regulatory outcomes.

The popularity and approval of a governor among their state citizenry is a central form of political capital that animates the informal power key to their legislative success and bolsters their prospects for reelection. Within the extant literature exploring the sources of approval of state executives, the lion's share of the work focuses on the deleterious effects on approval of a poorly performing national and state economy. In the present article, we rely on the same logic underlying the economic-centered research—namely, that unhappy citizens blame governors and state governments for their discontent—but focus on the impact on approval of an entirely separate and relatively unexplored domain of life in a state: ethno-demographics. This article advances the hypothesis that citizen discontent over drastic ethnic change in their local environment is politicized as concern over immigration, which in turn serves as a concrete political issue through which personal discontent over increased ethnic diversity is translated into lower approval of state government. This hypothesis is tested within the context of the state of California using pooled statewide survey data. Our analyses demonstrate that growth in the Hispanic population within a respondent's county of residence significantly increases concern over immigration within the state, and that concern over immigration significantly decreases approval of state government across the board, including the governor, the state legislature, and one's local state representatives.

We address a fundamental question in judicial politics: other factors being equal, do African-American judges behave differently than white judges? Many presume that white judges differ from their minority counterparts in terms of sentencing, deliberation, and propensity to overturn decisions. However, to date, little empirical evidence exists to suggest systematic differences in behavior between these judges. Here, we utilize the newly created judge-level U.S. State Supreme Court Database to assess whether judicial decisionmaking is affected by the race of the judge. Looking at all criminal cases decided by U.S. state supreme court judges from 1995 to 1998, we find evidence of differences between white and non-white judges, but only in states lacking an intermediate appellate court. This finding suggests the effects of race on judicial decisionmaking are conditioned by the institutional structure of the court system.

Recent studies have documented that parties influence legislative behavior. But such studies have been unable to distinguish between party voting stemming from ideological agreement and true party influence, as most lack independent measures of legislator ideology and have not been tested at the U.S. state level. Using survey data to control for legislator ideology, this analysis looks at how and under what conditions parties influence voting in three sessions of five state legislatures. The results suggest party influence on voting in the states is partly due to the fact that legislators have similar beliefs and represent similar people. Nonetheless, parties exert an independent influence on roll call voting due to state legislators' desire for party resources and their desire to create a positive brand name for the party. Furthermore, there are numerous circumstances under which parties exert this influence.

While there is a growing literature on the factors linked to the power held by leaders in state legislatures, the complexity of leadership power as a concept makes assessing it difficult. The author demonstrates that measures of formal leadership power derived from the written rules are uncorrelated with survey measures capturing legislators' own assessments of their leader's strength. These differences have practical importance, with each type of measure yielding different substantive findings in models predicting leadership power.

What is the role of political parties in the development of legislative institutions? Recent studies have explored the expansion and contraction of minority party procedural rights in the United States Congress (Binder 1997; Dion 1997), but these studies reach contradictory conclusions. Binder, emphasizing reciprocity norms, argues that minority party procedural rights expand as the majority party loses strength, while Dion, emphasizing the notion that small majorities are cohesive, asserts that these rights contract under these conditions. I apply Binder's and Dion's arguments to state legislative lower houses and test them with a dataset of 336 state legislative sessions in 23 states. The relevant variation among state legislatures provides the leverage necessary to understand better the relationship between partisan politics and legislative rule adoption more generally. I conclude that in state legislatures, minority party procedural rights expand as the minority party shrinks in size.

This article introduces a parsimonious measure of the expressed political orientation of U.S. state governors that compares word choices in their “State of the State” speeches to the language of state and national party platforms. The technique used to generate this measure is Wordscores, a method that relies on the use of reference texts to generate a set of ideal points for gubernatorial rhetoric. I discuss the conventions and substantive content of governors' speeches and the choice of party platforms as reference texts before presenting the average “partisan signal” in speeches by 97 governors in all 50 states between 2000 and 2006.