Stakeholding Through the Permanent Fund Dividend: Fitting Practice to Theory

Alaska’s Permanent Fund Dividend (PFD) is the United States’ most significant, if not its only attempted, experiment with universal asset policies. This chapter helps clarify where the PFD fits within the larger portfolio of economic rights and obligations guaranteed by the liberal state. Is the program a realization of “real-freedom-for-all” basic income, or might it have foreshadowed Bruce Ackerman and Anne Alstott’s Stakeholder Society decades before their proposal emerged? I argue that neither categorization is entirely correct or entirely mistaken. Core features of the PFD demonstrate Alaska’s implicit belief in stakeholding but currently fall short of the sweeping citizenship agenda identified by stakeholding theorists. Like true stakeholder initiatives and basic income schemes, the PFD distributes shared resources on a means-independent basis, does not require recipients to work or otherwise participate in economic affairs, and commits the government to monetary distributions rather than in-kind transfers. Nevertheless, the PFD does not - and in its current format cannot - enable Alaskans to pursue their individual life plans independently of other income sources. This chapter also moves beyond definitions and addresses the PFD’s special characteristic, what I call the “endogeneity condition,” or funding through existing natural resources rather than the public fisc. I focus on how this feature allows us to abstract away from the particulars of financing basic income or stakeholding and analyze the consumption side of the system. The chapter concludes by considering how the State of Alaska might reorient the PFD toward a more comprehensive stakeholding structure and calling for more research into the use of resource-based asset systems so that governments can more aptly choose among basic income, stakeholding, and other funding schemes

The Alaska Permanent Fund Dividend and Membership in the State’s Political Community

Despite decades of unmitigated administrative success, the Alaska Permanent Fund Dividend (PFD) is not immune from political and legal controversy. The symbolic and financial importance that Alaskans ascribe to their annual dividend checks has generated disputes between ordinary residents and executive agencies over eligibility. Litigation concerning three dominant status requirements—minimum residency, U.S. citizenship, and felony incarceration—reveal not only the extent to which Alaskans will pursue what they believe to be valid claims on their share of natural resource wealth, but also the limits of full political membership in the state. This Comment frames a sample of the Alaska Supreme Court’s decisions on PFD eligibility in terms of membership in Alaska’s political community. The PFD reflects the Alaska Legislature’s opinion about valid beneficiaries from oil revenues, and the state courts police eligibility at the margin. This Comment therefore argues that the Alaska Supreme Court implicitly determines, on the basis of statutory intent and administrative rule interpretations, “insiders” and “outsiders” within the state’s political community

The Political Economy of WTO Dispute Settlement: Toward a Synthesis of International Regime Theories

This paper analyzes the explanatory power of mainstream international regime theories from the international political economy (IPE) literature—neoliberalism, realism, and cognitivism—through formal econometric techniques. I use a data set based on 162 dispute settlement cases since the inception of the World Trade Organization and find that the probability of a Dispute Settlement Panel (DSP) forming depends on the share of exports for a target country as a share of its total exports as well as relative gaps in military expenditures (as a share of GDP). These results are highly robust to different model specifications and control variable choice. Though the cognitivist variable does not yield significant results, this paper represents a positive first step toward more widespread application and confirmation of regime theories through empirical testing

The Alaska Permanent Fund Dividend and Membership in the State\u27s Political Community

Despite decades of unmitigated administrative success, the Alaska Permanent Fund Dividend (PFD) is not immune from political and legal controversy. The symbolic and financial importance that Alaskans ascribe to their annual dividend checks has generated disputes between ordinary residents and executive agencies over eligibility. Litigation concerning three dominant status requirements - minimum residency, U.S. citizenship, and felony incarceration - reveal not only the extent to which Alaskans will pursue what they believe to be valid claims on their share of natural resource wealth, but also the limits of full political membership in the state. This Comment frames a sample of the Alaska Supreme Court\u27s decisions on PFD eligibility in terms of membership in Alaska\u27s political community. The PFD reflects the Alaska Legislature\u27s opinion about valid beneficiaries from oil revenues, and the state courts police eligibility at the margin. This Comment therefore argues that the Alaska Supreme Court implicitly determines, on the basis of statutory intent and administrative rule interpretations, insiders and outsiders within the state\u27s political community

Disability-Selective Abortion and the Americans with Disabilities Act

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have given rise to demeaning media depictions and social conditions that reinforced negative understandings and expectations among prospective parents about what it means to have a child with a disability. We discuss implications for antidiscrimination law and prenatal testing policy

Assessing Post-ADA Employment: Some Econometric Evidence and Policy Considerations

This article explores the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests the ADA had a negative impact on the employment levels of disabled persons relative to non-disabled persons but no impact on relative earnings. However, our evaluation of the restricted sample raises questions about these findings. Using these data, we find little evidence of adverse effects on weeks worked but strong evidence of wage declines for the disabled, albeit declines beginning in 1986, well before the ADA’s passage. These results therefore cast doubt on the adverse ADA-related impacts found in previous studies, particularly Acemoglu and Angrist (2001). The conflicting narratives that emerge from our analysis shed new light on, but also counsel caution in reaching final conclusions about, the impact of the ADA on employment outcomes for people with disabilities

Assessing Post-ADA Employment: Some Econometric Evidence and Policy Considerations

This article explores the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests the ADA had a negative impact on the employment levels of disabled persons relative to non-disabled persons but no impact on relative earnings. However, our evaluation of the restricted sample raises questions about these findings. Using these data, we find little evidence of adverse effects on weeks worked but strong evidence of wage declines for the disabled, albeit declines beginning in 1986, well before the ADA’s passage. These results therefore cast doubt on the adverse ADA-related impacts found in previous studies, particularly Acemoglu and Angrist (2001). The conflicting narratives that emerge from our analysis shed new light on, but also counsel caution in reaching final conclusions about, the impact of the ADA on employment outcomes for people with disabilities

Corrections for Racial Disparities in Law Enforcement

Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic defendants. Yet when prosecutors decide whether to pursue charges, we observe an initial correction mechanism: Hispanic men are almost two-thirds more likely to have those charges dropped relative to white men. Although few cases survive after the plea bargaining stage, a second correction mechanism arises: Hispanic men are substantially less likely to receive harsher sentences and are sent to jail for significantly less time relative to white men. The first mechanism is based, in part, on prosecutors’ reviewing the strength of the evidence, but much more on declining to invest scarce resources in the pursuit of defendants who fail to appear for trial. The second mechanism seems to follow more directly from judicial discretion to reverse decisions made by law enforcement or prosecutors. We discuss possible explanations for these novel empirical results and review methods for more precisely identifying causal mechanisms in criminal justice