Reduce transaction costs? Yes. Strengthen property rights? Maybe: The First Nations Land Management Act and economic development on Canadian Indian reserves

Economic development on Canadian Indian reserves is hindered by the fact that aboriginal peoples living on these reserves lack efficient and effective property rights. In 1999, the federal government passed the First Nations Land Management Act, which allows participating First Nations to develop their own land codes for administering their reserve lands. After analyzing two First Nation land codes in Ontario and Saskatchewan, this paper finds that land codes are effective mechanisms for addressing drag on on-reserve development.     

The political value of languages

A theory of linguistic justice needs to take into account the three distinct values of language as a medium for communication, as a source of individual identity and as an instrument for political self-government. Doing so would undermine Van Parijs’ claim that political borders and peoples should be downgraded to a purely instrumental role for purposes of social justice. But it would widen the scope of egalitarian global justice by including a universal right of individuals to membership self-governing polities and it could provide more solid theoretical foundations for his defence of coercive territorial language regimes.     

Justice as a claim to (social) property

Abstract

Margaret Kohn argues for a reappraisal of early twentieth-century left-republican French political theory, known as ‘solidarism’. Solidarism recognises private property as legitimate, but at the same time argues that the collective nature of economic production gives rise to a claim to social property. It is social property that should underlie the case for social justice and social rights, not the standard liberal claims to individual autonomy. This paper provides an appraisal of Kohn’s recovery of solidarism, taking as its main theme the relation between property and social justice. The paper first offers a typology of four theories of justice (right- and left-libertarianism, luck and relational egalitarianism) and discusses the relation of each of these to the concept of property. Then it argues that solidarism is akin to left-libertarianism in the way it formulates justice as a claim to social property. Finally, it argues that solidarists cannot escape grounding their theory in a non-property based fundamental principle, which makes the theory much less distinctive from egalitarian theories of justice than may appear at first sight.     

Civil rights on the white earth reservation

Abstract

The concept of “civil rights” is based on assumptions that do not extend to all lands within U.S. borders, including Native American reservations. A central policy tension exists between enforcing Euro‐American “civil rights” and recognizing Native American sovereignty. This tension is discussed in light of the situation on the White Earth Reservation, one of six reservations that make up the Minnesota Chippewa Tribe. Four possible means of addressing White Earth civil rights issues are discussed, each with possible applications in other reservation settings. None of the four is found to be clearly effective in gaining the civil rights defined for U.S. citizens for reservation residents. Although the underlying question of the relationship between civil rights and sovereignty defies easy solution, some suggestions are offered.     

Justice,Efficiency, and the New Public Management

In this article I aim to explore the link between two normative values, namely justice and efficiency, and the New Public Management approach. In pursuing this task I offer several critical arguments against some of the recent justice‐based objections levied against New Public Management by David Arellano‐Gault. I claim that Arellano‐Gault's account of the relation between justice and the New Public Management is seriously undermined by two conceptual flaws: (1) a conflation of right‐libertarianism, utilitarianism, and desert theories of justice and (2) a conflation of the technical/productive sense of efficiency with the social/distributive sense. Furthermore, I maintain that even when the different theories of justice and the different senses of efficiency are properly delineated, the case for necessarily linking NPM to a particular theory of justice is markedly unconvincing.     

The impact of the U.S. war on terrorism upon U.S.-China relations

Using a framework of geopolitical analysis. Oliver Lee argues that the fundamental geopolitical relationships between the United States and China, namely the relationship between the world’s strongest naval and air power and the world’s strongest land power, would not be upset even after the American military presence in central Asia since September 11, 2001. The relationship would remain essentially unaltered because — American initiation of the use of nuclear weapons against China being ruled out for fear of Chinese retaliation — China would be able to withstand any U.S. military offensive conducted with conventional land, sea, and air forces, regardless of whether the U.S. possesses permanent air bases in Central Asia or not, and regardless of how many troops it may station on them. His teaching and research interests include domestic and foreign policies of China and power in America and U.S. foreign policy.     

Building capacity in indigenous governance: Comparing the Australian and American experiences

This paper compares key aspects of governance structures for Indigenous populations in the United States and Australia. The paper focuses on policy coordination and administration, in particular the nodes of decision-making in the two countries in relation to government contracting and accountability. The U.S. approach to funding Indigenous organizations stems from the 1975 Indian Self-Determination and Education Act and its subsequent expansions. Through the development of contracting into permanent compacting via block grants, this approach builds established nodes of Indigenous government and facilitates whole-of-government coherence at the level of the American Indian tribe. The U.S. approach seems correlated with better performance and may lighten bureaucratic loads over the long term. The Australian model, on the other hand, seeks to create whole-of-government coherence through top-down financial accountability in a way that hampers the development of Indigenous political capacity. The paper traces the development of these practices through time and illustrates how they contribute to the fragmentation rather than growth of Indigenous political capacities. It suggests ways the Australian model could be improved even in the absence of fundamental reform by drawing on the contracting-to-compacting framework of longstanding U.S. practices.     

Intergenerational Justice and Climate Change

Global climate change has important implications for the way in which benefits and burdens will be distributed amongst present and future generations. As a result it raises important questions of intergenerational justice. It is shown that there is at least one serious problem for those who wish to approach these questions by utilizing familiar principles of justice. This is that such theories often pre-suppose harm-based accounts of injustice which are incompatible with the fact that the very social policies which climatologists and scientists claim will reduce the risks of climate change will also predictably, if indirectly, determine which individuals will live in the future. One proposed solution to this problem is outlined grounded in terms of the notion of collective interests.     

A Comparative Analysis of Indigenous Rights in Fennoscandia

The historic claim of the Sami to lands that they have traditionally used and occupied – an issue that has long been dormant – is emerging as a significant public issue in Finland, Sweden and Norway. This article develops a control-consociationalism typology to analyze bow each of the three states responds to Sami claims to their historic rights. Under a control situation, the cultural identity of a minority is almost exclusively determined by the laws, regulations and administrative procedures of the state. Under a consociationalism model, there would be a continuing dialogue between a stale and a minority within an administrative framework that the minority has had a major role in developing. The typology traces more than two centuries of administrative control by the three states and examines how existing institutions deal with the Sami minority. Interviews indicate that most authorities see collective minority rights as a component of human rights and, furthermore, that the Sami constitute an indigenous minority. However, the concept of aboriginal land title divides politicians and administrators; many oppose it or maintain that it is not really necessary. Many Sami rights activists, on the other hand, see it as a fundamental issue – even one of moral justice – that ultimately must be addressed by each state.     

Inequities in enforcement? Environmental justice and government performance

This paper examines whether state governments perform systematically less environmental enforcement of facilities in communities with higher minority and low‐income populations. Although this is an important claim made by environmental justice advocates, it has received little attention in the scholarly literature. Specifically, I analyze state regulatory enforcement of three U.S. pollution control laws—the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act—over the period 1985–2000. To test for disparities in enforcement, I estimate a series of count models and find strong evidence across each of the three environmental laws that states perform less enforcement in poor counties, but little evidence of race‐based inequities. © 2009 by the Association for Public Policy Analysis and Management.     

Partisanship & nationalization in American elections: Evidence from presidential,senatorial, & gubernatorial elections in the U.S. counties, 1872–2020

Scholars argue that contemporary American elections are pronounced in their degree of partisanship and nationalization. While much of this work largely uncovers a heightened degree of nationalization in contemporary elections, little is known about how far back these patterns generalize. Given the limited availability of American electoral data, this work also generally focuses on a single office or during a certain segment of the post-war period since 1946. Moreover, this work largely focuses on states as salient units of analysis, masking potential variation found in U.S. counties, the smallest geographical unit constituting panel observations over time and across elections. In this note, we leverage a novel dataset of county-level election returns for President, U.S. Senate, and Governor, to specify a model assessing whether American elections are more nationalized and partisan than during any other period since the Civil War. We find evidence that presidential and Senate elections are more partisan today than any period since the Civil War, while gubernatorial elections are as partisan today as they were during the late 1800s. Our findings have implications for contemporary-based theories explaining the rise of partisanship in American elections and demonstrates the utility of county-level data in assessing electoral changes in America.     

Representation and Collaboration: Exploring the Role of Shared Identity in the Collaborative Process

Public managers must regularly engage and interact with stakeholders in the external environment to deliver meaningful policy outcomes. Examining the motivations behind such behavior is a critical component of understanding management in the modern era. Some studies suggest that actors with similar interests are more likely to form collaborative partnerships. Using an original mail survey of 150 American Indian education directors in public school districts, this article examines how shared identity and individual attitudes affect levels of interaction with Native American communities. Findings suggest that public school officials who share both a racial and a tribal/co‐ethnic identity with Native American nations in their service area have higher levels of interaction with these groups than public school officials who are either members of Native American nations outside their service area or non‐Indian. This research has broad implications for incorporating theories of representation and social construction into our understanding of collaboration.     

American Federalism as American Exceptionalism

Americans paradoxically claim uniqueness for their politicalsystem, yet promote it as a model for others. This is especiallytrue of federalism, the clearest example of American exceptionalism.At its inception, American federalism was produced in an environmentclosely approximating what scholars have since distilled asoptimal conditions for fostering such a system. In other contexts,federalism has not flourished, because those preconditions areseldom approximated. Remarkably, American federalism has adjustedto meet drastically changed social, geographic, and politicalconditions, and the case for its continued adaptiveness andappropriateness remains strong. Although enclaved state differencesin economics and religion are no longer a reality, these andother differences are widespread especially on a regional basis.Even on a statewide basis, cultural mixes keep the country heterogeneous.The U.S. Constitution has been reinterpreted to permit rathermore nationalized control in accordance with this process ofeliminating differences. Indeed, this is to the point wherefederalism could become legally problematic, explaining theRehnquist court's recent decisions.     

LIBERAL DEMOCRACY AND GROUP RIGHTS: THE LEGACY OF INDIVIDUALISM AND ITS IMPACT ON AMERICAN INDIAN TRIBES

Abstract Individualism is the foundation.of democratic theory and practise in the United States. A multi-ethnic, but not really a multi-communal society in the same sense as Northern Ireland or India, the United States has not generally had to confront the nature and justification of its historical opposition to group rights and communal social and political organization. Only the American Indian tribes, with their treaty-mandated communalism, have presented exceptions to this pattern. This paper explores the assumptions underlying liberal democratic attitudes towards communalism, the ways in which group claims pose challenges to conventional notions of justice and equality, and the utility of introducing alternative assumptions about the nature and role of groups in democratic society. Discussion centers on the most recent attempt to reduce the group rights of American Indian tribes.     

GLOBALIZATION'S IMPACT ON STATE-LOCAL ECONOMIC DEVELOPMENT POLICY

The growing exposure of the U.S. economy to international competition, popularly termed globalization, over the past two decades has brought some momentous changes affecting the American economy, society, and life styles. Not surprisingly, these changes have been reflected in growing political turbulence and shifts in policy paradigms as well. This symposium explores the effects that globalization has had on economic development policy and practice by state and local governments in the United States. Part I charts and seeks to explain“The Expanding Global Linkages” of state and local governments over the last several decades. Part II on the” Potential for Transformation “then argues that the economic transformations set off by globalization are pushing state and local development policy toward strategies that should overcome some of the problems associated with the previous strategy dubbed “smokestack chasing.” Yet, caution is certainly necessary before accepting such optimistic interpretations. Part III, therefore, presents several analyses suggesting that smokestack chasing “struck back” and that blind reliance on free markets and entrepreneurs hip can be dangerous to a community's social and economic health, indicting the existence of “Pitfalls in a Changing Universe.”     

The Rehnquist Court and Indigenous Rights: The Expedited Diminution of Native Powers of Governance

The U.S. Supreme Court has long played a prominent role in defining,critiquing, and, in some cases, rearranging the political relationshipbetween indigenous peoples and the states and the federal government,and in enlarging or reducing the inherent sovereign status ofnative peoples. This article assesses the most recent SupremeCourt opinions that are systematically, and without referenceto judicial precedent, redefining the political status of tribalnations by reducing their heretofore acknowledged sovereignauthority from an internal perspective and especially from anintergovernmental standpoint. Although the U.S. Congress stilladheres to a policy of tribal self-determination, the Courtis dramatically and permanently minimizing the rights of tribesto practice political, economic, and cultural self-determinationbecause in the opinion of a majority of the justices, thereare only two sovereigns in the United States: states and thefederal government.     

‘Kat Mai Ploi’ – bite and don't let go: motherhood and pursuits of justice in Thailand

This article examines the long-term struggles of two Thai mothers to define and attain their visions of justice: one to recover land flooded by a state dam project and the other to defy a municipal order to demolish her house for a vehicle turn-around. In particular, it studies how tropes and institutions of motherhood and human rights articulate with, and provide social and political resources to one another as these two women fight to lay claim to traditions of rights specific to Thai society.     

Review Article: The environmental turn in territorial rights

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders.     

Inspecting the Inspectors: Overseeing Labor Inspectorates in Parliamentary Democracies

Most theories of how to control bureaucracies are derived from American experience and are tested with data from the U.S. In contrast, this article uses evidence from the 15 members of the European Union to examine oversight mechanisms through which legislators attempt to control the bureaucracy. Analysis of European data shows that "police patrol" mechanisms of oversight appear in countries with relatively little gridlock as measured by the ideological range of their governments. "Deck stacking" mechanisms appear in countries that experience greater problems with gridlock measured in the same way.     

Review Article: International Distributive Justice

The literature on global justice contains a number of distinct approaches. This article identifies and reviews recent work in four commonly found in the literature. First there is an examination of the cosmopolitan contention that distributive principles apply globally. This is followed by three responses to the cosmopolitanism, – the nationalist emphasis on special duties to co-nationals, the society of states claim that principles of global distributive justice violate the independence of states and the realist claim that global justice is utopian and that states should advance national interest.