The Frontiers of Legal Analysis: Reframing the Transition in Northern Ireland

British constitutional legal discourse is structurally limited in its capacity to capture the complexity of the Good Friday Agreement. Rather than assessing the Agreement in narrow devolutionary terms, it should be seen as a hybrid domestic and international law instrument, making an important contribution to accepted international law norms in relation to self-determination. The Agreement transforms and partly transcends the Northern Ireland conflict by substituting political contestation for violent conflict, and by defining the modalities of conducting that contestation. This analysis complements classical international law perspectives, and opens up the application of legal discourses associated with 'transitional justice' to the legal and political transformation in Northern Ireland. These discourses focus on the problem of reconciling the demands of peace with the imperatives of justice. The Agreement sits squarely in this terrain with its provisions on 'dealing with the past' and 'institutional legacies'. The insights gained here challenge orthodox thinking about conflict-management and the ongoing political process.     

Federal labor protetons and the privatization of public transit

Federal transportation officials assert that labor protections in the Urban Mass Transportation Act inhibit the propensity of local transit agencies to contract with private firms for services. The authors present results from a survey of a large sample of transit managers and econometric analysis to support their conclusion that labor protections do not appear to reduce the incidence of contracting. The labor protections, however, may be costly to transit management in other ways. The authors recommend actions, aside from repeal of labor protections, to increase contracting by local transit agencies.     

Cheap Hawks, Cheap Doves, and the Pursuit of Strategy

The post-9/11 threats to American security require a complete revision of American national strategy. For too long, presidents have had to favor quick, cheap solutions to crises, unable to count on support from the “homebody” public for long, drawn-out conflicts. “Cheap hawks” among them have hoped that apocalyptic rhetoric will suffice when resources fall short; “cheap doves” hope that by ignoring the threat, it will go away. But with the war on terror, the revival of geopolitics, and ever-accelerating globalization, the U.S. tradition of bellicose rhetoric backed by underwhelming force is a recipe for failure. To effectively manage its threats, America needs a new catechism and to make sure its economic, energy, and military policies support this.