ADMINISTRATIVE RESPONSES TO ENVIRONMENTAL RACISM

ABSTRACT

The environmental justice movement challenges public administrators to develop appropriate administrative and policy responses to environmental racism claims. Public administration scholarship has focused little attention on claims of environmental racism and the environmental justice movement, in part as a result of a too narrow conceptualization of racism. The theoretical and empirical literature on racism would be useful in guiding research on environmental racism and contribute to developing effective administrative responses by local, state and federal government.     

ENVIRONMENTAL INJUSTICE: AN EMERGING PUBLIC POLICY ISSUE

ABSTRACT

Environmental justice is a major issue today and of interest to citizens, administrators, and scholars of public administration. In this introduction, we review the emergence of the environmental justice movement and discuss the development of the field by presenting an overview of the literature and existent research on environmental justice. This research has focused to a large extent on siting issues and on the causes and explanations of environmental equity. In particular, five causes or explanations of environmental injustice have been emphasized in the literature: (a) race; (b) economic and market factors; (c) political and administrative issues; (d) attitudinal issues; and (e) post-materialism. We review the major pieces of research and evidence in these areas and compare and contrast the explanations of environmental injustice. for the most part we find that there is considerable controversy over the different explanations and causes of environmental injustice. In the third section of the paper, we highlight some of the issues that have not been explored so far and the unfulfilled gaps, in academic research on environmental justice issues. We conclude by presenting a brief synopsis of the articles in this symposium.     

Putting a Price on Justice: How to Incentivize the Downsizing of Prison Populations

Abstract

We argue that the proximate reason the United States overuses prisons is that for local prosecutors and judges, sending offenders to prison is “free”; the state pays. By completely subsidizing prison use, states incentivize local overuse of prisons. State prisons in the United States are common pool resources, so options to managing common pool resources used in fisheries and environmental protection may have applications to corrections. We propose, for this purpose, seven options: six involve pricing systems and each having several variants. Each approach, in its own way, puts a price on justice. We also outline other changes in correctional and sentencing practices policy makers need to make to implement these approaches. We anticipate potential consequences, good and bad, of incentivizing justice. Finally, we fully expect our proposals to incur the ire of some political idealists on the right and the left. Nevertheless, for policy makers who are concerned about practical solutions to the grave injustices and high costs of mass incarcerations, our portfolio of options should be useful.     

Four Challenges in the Future of Restorative Justice

Abstract

Restorative justice (RJ) emerged in the late 1970s as an alternative to conventional youth and criminal justice practices. Since this time, RJ has experienced rapid growth in theory and practice. At the same time, much of this growth has come from expansion in lower-end criminal justice responses to crime, and in the increasing use of the term “restorative” for a widening host of practices and interventions. RJ has also faced problems related to its increasing institutionalization, resulting in divergence from earlier aims and goals. In this article, we set forth what we see as the four biggest challenges facing the future of RJ, namely problems related to definition, institutionalization, displacement, and relevance of RJ practices. We follow with discussion of possible future directions of RJ.     

Converging social justice issues and movements: implications for political actions and research

Abstract

We argue that the multiple contemporary converging crises have significantly altered the context for and object of political contestations around agrarian, climate, environmental and food justice issues. These shifts affect alliances, collaboration and conflict among and between state and social forces, as well as within and between movements and societies. The actual implications and mechanisms by which these changes are happening are empirical questions that need careful investigation. The bulk of our discussion is dedicated to the issue of responses to the crises both by capitalist forces and those adversely affected by the crises, and the implications of these for academic research and political activist work. More specifically, we explore four thematic clusters, namely (1) class and intersectionality; (2) sectoral and multisectoral issues and concerns; (3) importance of immediate, tactical and concrete issues of working people; and (4) links between national and global institutional spaces and political processes. We know only a little about the questions we framed here, but it is just enough to give us the confidence to argue that these questions are areas of inquiry that deserve closer attention in terms of both academic research and political debates and actions.     

When States Die: geographic and territorial pathways to state death

Abstract

State death, understood as the formal loss of control over foreign policy, is an important but neglected issue in the international relations literature. When do states die and why? How do states exit the system? The consequences of state death can be wide-ranging, from forced migration movements, regional instability, to general famine. Despite these severe consequences, political scientists have yet to adequately study the causes of state death. Fazal finds that states are prone to death when they are located as a buffer between two rivals; this suggests that being a buffer state is a cause of state death. Our expansion of current research seeks to add the concept of territorial disputes to the state death literature. We suggest that states are at greater risk of death when they become involved in territorial disputes that raise the stakes of conflict. The resulting research demonstrates that a reliable predictor of state death is engagement in a territorial dispute. Territorial disputes are the most prevalent issue that leads to war and can also be a leading cause of state death.     

BLAMING THE VICTIM; THE ROLE OF DECISION-MAKERS IN THE OCCURRENCE OF ENVIRONMENTAL INJUSTICE

ABSTRACT

Past research on environmental justice concerns has focused primarily on the siting of hazardous waste facilities. Less research has been done on other aspects of environmental policy in which concerns of racial or other injustices arise. This study shows that environmental injustice is not limited to the sitting of hazardous facilities or the occurrence of pollution, but occurs also at the policy formation and implementation stages in other areas such as solid waste management. To study this issue, this study focuses on the implementation of the Illinois Solid Waste Management Act of 1988, in two counties in north-eastern Illinois, Kankakee and Will. In neither of the two counties were minorities included in the planning process, and out of a total of 91 advisory committee members, minority interests were represented by only one black male. At the same time racial minorities made up about 15 percent of the total population in the two counties.

The study shows that the main reason for this lack of representation is not a lack of environmental concern among blacks. Nor can it be explained by a lack of interest in participation in environmental decision-making among blacks. Rather, the study shows that the process is led by misconceptions among planners and decision-makers who generally believe that blacks are not interested in environmental issues and therefore not interested in participating in environmental decision-making. The conclusion of this study is that it is the belief held by local planners and decision-makers that there is a lack of interest in environmental issues among blacks, that produced a planning process in which the interest of minorities were not represented.     

ENVIRONMENTAL JUSTICE AND THE EIS: LOW-LEVEL MILITARY FLIGHTS IN CANADA

ABSTRACT

This paper examines the environmental justice of the Canadian military proposal to expand low-level training flights over lands traditionally occupied by the Innu and other aboriginal peoples who practice the last semi-nomadic hunting existence in North America. It reviews the implementation of the EIS process and the environmental justice of the decision. The fairness of the decision depended on how the EIS review was implemented: whether the reviewers and the procedures they followed were fair to the Innu, and whether they acted ethically in deciding to expand low-level military flights. This paper examines the history of the proposal, its two EIS reviews, the actions of the implementing agency, and the justice of the review process.     

Repositioning Restorative Justice in Europe

Abstract

Over the last 20 years, the European Union (EU) has invested considerable amount of resources in supporting policies and legislation that promote mediation and other restorative justice (RJ) practices at the national and regional level. Alongside these developments a series of legal safeguards, standards, and regulations were introduced to mainstream restorative justice in European criminal justice systems. While we are far from claiming that a unified restorative justice model exists across European countries, the standardization of restorative justice through top-down approaches raises serious concerns around its viability as a community-born ethos. This article draws from the findings of an EU-funded research project that focused on the implementation of the restorative justice articles of the. Victims’ Directive. The article argues that if restorative justice is not repositioned in Europe through innovation and bottom-up structures of community, unregulated, unregistered, and localized projects, it will soon face its demise. The mainstreaming, regulation, and state control of restorative justice in Europe must be balanced against what Nils Christie identified as its original intention of returning conflicts re property.     

MOLECULAR BIOMARKERS AS MEASURES OF ENVIRONMENTAL JUSTICE: A PROPOSED HEALTH-ASSESSMENT PARADIGM

ABSTRACT

Environmental equity and justice is a debate about everyone having equal access to environmental protection. Thus, the goal of environmental justice is to administer the protections afforded by our legal and political systems justly and equally to all individuals and communities, not to distribute pollution. The administration of these protections calls for the measurement of alleged inequitable distributions. The purpose of this article is to review and assess the current methodologies for measuring environmental justice and put forth an argument for a new health-based measurement paradigm. This new paradigm would use the relatively new approach of molecular epidemiology designed to incorporate human dosimetry data into environmental epidemiological studies.     

The Relationship Between State Government Performance and State Quality of Life

Abstract

This article examines the relationship between government performance and quality of life in the American states. We contend that the management capacity of state governments should have direct, tangible impacts on the overall social and economic well‐being of state citizenry. In order to test this idea, we examine the influence of state management capacity (using the 1999 Government Performance Project grades), alongside other economic and political variables, on two prominent measures of state quality of life—The Morgan Quitno “Most Livable State” Index and State Policy Reports' (SPP) “Camelot Index.” We find that both state economic conditions and governmental policy priorities have significant impacts on state performance levels. But, our results clearly indicate that the management capacity of state governments also contributes directly to improving the overall quality of life for state citizens.     

Resisting ‘Global Justice’: disrupting the colonial ‘emancipatory’ logic of the West

This paper takes issue with global justice theory, seeing it as a ‘global–local’ in which the perspectives and demands of post-Kantian Western liberalism silence ways of being in the world that move beyond a narrowly circumscribed definition of ‘reasonableness’. Taking its cue from critics of dominant liberal conceptions of the self, such as Spivak, Deleuze and Freire, the paper examines the impact of epistemological diversity and the radical ‘otherness’ of indigenous, peasant and marginal epistemologies on how Western intellectuals might think about global justice. We look at a number of examples of indigenous and marginal resistance to injustice in the global system, including the West Papuan and Zapatista movements, and conclude that the goals of such movements cannot be encapsulated in distributive or juridical terms. An alternative theorisation of global justice might, contra global justice theory, insist on a dialogical, contingent basis for discussing justice, whether local or global.     

Anxiously Awaiting the Future of Restorative Justice in the United States

Abstract

The problems of mass incarceration and other criminal justice system failures in the United States—such as racial disparities, wrongful convictions, and high recidivism rates—have reached a tipping point. For the first time in decades, coalitions of politicians on the left and right are seeking criminal justice reform. What is the place of restorative justice in these efforts? What is the depth and breadth of restorative justice implementation? How familiar is the American public with restorative justice? How successful is the restorative justice movement? In this article, we seek answers to these questions as we try to assess the future of restorative justice in the United States.     

Administrative Autonomy Among American State Agencies: An Empirical Analysis of Fragmentation and Functionalism

Abstract

Administrative (or bureaucratic) autonomy has been an issue discussed in many different political and policymaking settings. Since administrative agencies are actively involved in the formation and implementation of public policy the issue of administrative autonomy is an important contemporary issue. We measure the concept of administrative autonomy empirically and systematically among state administrative agencies along two general features or components: (1) fragmentation and (2) functionalism. Each of two features of autonomy is subdivided into institutional and perceptual dimensions. The former is based on organizational and position characteristics. The latter derives from attitudes of individual administrators. Data are derived from responses by over 1000 state agency heads from the 1998 American State Administrators Project (ASAP). Among the prominent findings are: (a) there are positive relationships between the institutional and perceptual dimensions for both fragmentation and functionalism, and (b) variations in institutional and perceptual dimension of administrative autonomy among different types of agencies and different selection methods of the agency heads.     

The Return of Political Risk: Foreign-Owned Banks in Emerging Europe

Political risk—risk that investments are damaged by policy action of authorities—increased during the financial crisis due to controversies about the distribution of accumulated losses among stakeholders. Authorities interconnected by cross-border banks considered unilateral policies that minimised losses for domestic stakeholders at the expense of their foreign counterparts. This is at odds both with the assumption behind financial integration which presumes multilateral responses to cross-border shocks and with the typical definition of political risks that ignores the fact that not only host-country, but also home-country authorities can create such risks. This paper recasts the definition of political risk and reviews instances when political risk materialised within the EU banking market between 2007 and 2011. The analysis reveals that the EU regulatory framework needs to be enhanced to contain resurgent political risks systematically rather than through ad hoc interventions of the EU and international bodies.     

Māori,Family Group Conferencing and the Mystifications of Restorative Justice

Abstract

The Family Group Conferencing (FGC) forum is often presented by policy entrepreneurs and advocates as indicative of the ability of restorative justice (RJ) to accommodate the cultural and justice needs of diverse populations. In this article, we present recent empirical research from one of the authors on Māori experiences of the forum. Drawing from this research, as well as other secondary sources, we demonstrate that far from being an exemplar of culturally appropriate justice practice, the forum is experienced by some Māori participants as one that encloses Indigenous culture and Indigenous participants within a Eurocentric, formulaic, and standardized process. The final section of our article reveals changes to the development of restorative policies and the practice in the Aotearoa New Zealand context that Māori participants believe are necessary to make the movement, and interventions such as the FGC, an empowering experience for Māori.     

Corruption in the Courts: the Achilles' heel of Nigeria's regulatory framework?

Abstract

The exponential growth in the size of the private security sector (PSS) in Africa has helped give the issue of its regulation new importance. Yet the ongoing debates over what laws should be passed and by whom tend to ignore the more basic and arguably urgent question of whether African states' justice systems are sufficiently robust to give this legislation meaning. The aim of this paper is to cast some much needed light on this topic by drawing lessons from Nigeria's current experiences. By tracing the development of its PSS code and examining instances of malpractice in its justice system, the article argues that its regulatory framework is fundamentally compromised by corruption.     

International terrorism,human rights,and World order

Abstract

This article attempts to summarize the efforts that have been made during the 1970s in the search for an appropriate definition of international terrorism, its causes, and the measures to combat it. It evaluates these efforts in the context of the simultaneous interests in human rights. It advances some propositions as to how international terrorism could be seen from the perspectives of both social‐psychological theories of violence and Western legal practices. In conclusion, the relationship between the individual and the state is evaluated in the context of the present world order and its operative political and legal principles. Although this approach may not solve the problem of international terrorism by advancing any neat scheme of control which can be readily applied by anxious governmental law enforcement agencies, nor succeed in articulating a strategy for the respect of human rights by governments and individuals, it will hopefully generate some ideas about how justice can be rediscovered while searching for viable solutions for both international terrorism and human rights.     

The European Union’s ambiguous concept of ‘state fragility’

Although scholars and practitioners alike perceive ‘state fragility’ to be a key challenge for security and development, there are significant variations in the definition of this phenomenon. This article analyses the European Union’s notion of ‘state fragility’. Based on a document analysis covering the years 2001–12 and expert interviews conducted in November 2012, the article reveals that the EU has not (yet) decided on a clear-cut definition of ‘state fragility’. Three factors explain this lack of decisiveness: the EU’s complex institutional framework, which impedes policy coherence; developments at the international level that require the EU’s compliance; and the organisation’s diplomatic efforts to maintain cooperative relationships with aid-recipient countries that have been labelled ‘fragile’. The result is conceptual ambiguity that potentially reduces the EU’s capacity to respond to fragile situations.     

Constructing Policy Networks: Social Assistance Reform in the Czech Republic

Abstract

Czech social insurance and family transfers experienced fundamental reform in 1995 but Czech social assistance benefits still lack comprehensive change. This article explains the delay in Czech social assistance reform by appling policy network studies in a postcommunist context. Although few organizations perticipate in the Czech social assistance policy network, they are divided: they lack the common interests and exchangable resources necessary to create dialogue and compromise. The organizations of disabled citizens are the only interest group active in the policy network, with the operators of state social care institutions their primary opponents. In the late 1990s, this already fragmented issue network suffered further division when the EU entered as a powerful network actor with another set of policy goals. Until the policy network structure facilitates more dialogue and consensus‐building, hopes for comprehensive social assistance reform will linger unfulfilled.