International lawyers in the aftermath of disasters: inheriting from Radhabinod Pal and Upendra Baxi

Abstract

In the present lives in the postcolony are beset by relentless disasters, generating great suffering and loss. How should an international lawyer conduct herself in response? Resisting the urge to construct these times as entirely unprecedented, this article attempts a response by drawing out the conduct of two ancestral Third World international lawyers responding to disasters in their own time. It reveals how disasters never simply occur but are actively produced by particular modes of conduct deployed by international lawyers. From their conduct we learn how to attend to the tasks of justice and responsibility in the aftermath of disaster by being responsive to the suffering and by recognising the disastrous effects of our action. We also learn how attending to the tasks of inheritance is vital for this.     

Behavioural Development Economics: Lessons from Field Labs in the Developing World

Explanations of poverty, growth and development depend on the assumptions made about individual preferences and the willingness to engage in strategic behaviour. Economic experiments, especially those conducted in the field, have begun to paint a picture of economic agents in developing communities that is at variance with the traditional portrait. We review this growing literature with an eye towards preference-related experiments conducted in the field. We also offer lessons on what development economists might learn from experiments. We conclude by sharing our thoughts on how to conduct experiments in the field and then offer a few ideas for future research.     

Integrated written and oral assignments for the MPA curriculum

The article describes an integrated approach to written and oral assignments throughout the MPA curriculum. Beginning with the program orientation and the lead course in the MPA program, a series of written assignments that blend theory and practice are used as the basis for later advanced work and special projects such as internships, major papers, or theses. A three-part assignment in the first course, an assessment center for developing interviewing and other skills, and a conscious attempt to develop linkages across courses in the MPA curriculum are the keys to implementation of the model.

The integrated writing and speaking model introduces students to research through preparation of an article review essay on some aspect of public policy or management. Another paper requires field work to analyze a particular aspect of the policy or management process. The third assignment produces a “usable product” for a level of government or public agency, such as a policy or management options paper. Written assignments are coupled with a formal assessment center conducted outside of regular classroom time. The field work helps students begin a networking process for obtaining clients for other projects in other courses and for internships, field papers, and jobs. Presentations of the final course “product” are via a poster session format that includes written, graphic, and oral presentations open to faculty and students, as well as the public agencies and/or governmental units for whom products are prepared.     

Evidence-Based Practice: Challenging the Rational Wisdom

The field of performance measurement (PM) is firmly entrenched as a management practice in many governments, agencies, and nonprofit organizations. Though emerging later, the field of evidence-based practice (EBP) has developed simultaneously as a new approach to enhance agency performance. While both rationality-oriented reforms intend to enhance program or agency performance, these two related rational approaches are seldom considered in concert. This essay examines the conceptual underpinnings and practical linkages between PM and EBP to explore how EBP and PM can be jointly implemented as tools to advance agency goals. As rational approaches aimed at improving performance, these two distinct tools are not substitutes, but integrated components of a results-driven strategic management approach. As a conceptual assessment, the article offers practical advice and broad appeal to performance-oriented practitioners seeking to improve agency performance.     

DOES A PUBLIC SERVICE ETHIC ENCOURAGE ETHICAL BEHAVIOUR? PUBLIC SERVICE MOTIVATION,ETHICAL LEADERSHIP AND THE WILLINGNESS TO REPORT ETHICAL PROBLEMS

This article aims to advance our understanding of and confidence in the relationship between employee public service motivation (PSM) and ethical behaviour by testing the degree to which PSM predicts the ethical behaviour or behavioural intention of government employees. Building on previous research, we argue that government employees with higher PSM are not only more likely to internalize values that support public interests, they also are likely to be concerned less about the potential consequences that they may experience by reporting unethical conduct within their agencies. Using data collected through a survey from 477 employees working in a large state agency, we find that supervisors with higher PSM are more likely to be perceived by their subordinates as exhibiting ethical leadership, supervisors exhibiting higher ethical leadership are more likely to have subordinates with higher levels of PSM and that subordinates with higher PSM express a higher willingness to report unethical behaviour within their agency. We discuss implications of these findings for research on PSM.     

Parliamentary scrutiny of executive patronage: The relationship between institutional norms,reputation and accountability

While executive patronage brings important benefits in terms of governance and control, political influence over the selection of agency staff entails a democratic dilemma: how should the exercise of executive patronage be controlled? This article addresses this critical issue, examining Westminster's system of pre-appointment scrutiny by analysing an original database that encompasses every pre-appointment hearing held between 2007 and 2018. The article demonstrates that although the conduct of hearings accords with select committees’ longstanding commitment to cross-party working, members have not prioritized pre-appointment scrutiny relative to their other committee activities. By systematically disaggregating the factors which affect how select committees dispatch this account-holding responsibility, the article deepens previous analyses of pre-appointment scrutiny, and dovetails with scholarship examining the institutional determinants of select committee power. More broadly, it draws attention to the reputational dynamics of accountability, and how institutional norms can serve as vital reputational resources, enabling account-holders to demonstrate ‘responsible’ account-holding.     

WHY PERCEIVED SIZE MATTERS FOR AGENCY TERMINATION

Agency size is generally assumed to be positively correlated with survival: the bigger an agency, the less likely it is to be terminated. Yet, recent research finds a very small effect of size on survival. The reason, we argue, is that it only addresses size in terms of overall operating budget – what this article calls objective size. By contrast, we use an interpretive historicist approach to show how perceived size – the meanings and beliefs of key actors concerning an agency's size – affects termination. Drawing on a case study of Australia's independent aid agency, AusAID, which endured a tumultuous history of cuts, reorganizations and rebirths, culminating in termination, we show how perceptions of the agency's size mattered. These findings both support and extend recent research showing that adaptation and reputation are critical to the survival of government agencies.     

Exploring agency as a basis for ethical theory in American public administration

This articale argues that agency, the normative theory associated with the “acting for” relationship in society, has had a profound, but often unrecognized affect on ethics in public administration. Accordingly, it seeks to provide a brief review of agency theory as it applies to contemporary American public adminis- tration. The review provides an overview of agency theory, gives an example of how deeply it influences American public administration, shows how it facilitates ethical action in administration and reviews some of the major obstacles to employing agency theory in the modern American administrative state.     

Nonviolence as teacher education: a qualitative study in challenges and possibilities

This paper explores the challenges and possibilities of teaching nonviolence in teacher education. Using qualitative teacher research, this paper discusses teacher education students’ responses to the notion of nonviolence and how to create beneficial pedagogical conditions for students to learn nonviolence and its meanings for education. The data were collected from three graduate classes that, to different degrees, addressed the role of nonviolence in education. Three shifts in students’ understanding of nonviolence as a result of their learning are identified: the shift from a narrow to a broad understanding, the shift from a passive view to a proactive view, and the shift from looking outside to looking inside and engaging in emotional work. The pedagogical conditions that facilitated these shifts are also discussed, including strategies for engaging students’ inner work, creating experiential relationships with the other, and transforming classroom relational dynamics. This study also suggests the need not to approach violence and nonviolence as binary but to approach nonviolence as a daily practice to continuously unlearn violence and promote nonviolent relationships. Implications of this study for teacher education are discussed last.     

School,sexuality and problematic girlhoods: reframing ‘empowerment’ discourse

This paper draws on ethnographic research with teenage schoolgirls in Tanzania to explore the impact of education on their experiences of sexual agency and empowerment. School-based education is frequently presented within international development as a route for empowering girls to exercise agency over their sexuality; yet school itself often constitutes a space in which the same restrictive gendered and sexual norms that exist outside the classroom are reproduced or go unchallenged by those working with girls. Despite the constraints to their agency from both outside and within school, girls themselves do resist the narratives of girlhood and sexuality imposed upon them. Recognising how these dynamics challenge our understanding of sexual empowerment is key to finding ways to support girls in navigating repressive norms beyond the classroom.     

Agency Internets and the Changing Dynamics of Congressional Oversight

Abstract

As federal government agencies offer more sophisticated and useful web access to their programs, many have examined citizen use of these services. Other effects of the increasing online access to agency information and services have been less well studied. Here we focus on the effects of the increasing digital capacity of federal agencies on congressional oversight. We explore the impact of expanded online agency offerings on the number and type of requests for casework; on the focus, duration, and number of investigative hearings; and on the detail and specificity with which program legislation is written. This research is based on interviews with committee staff with jurisdiction over two agencies with a strong Internet presence and two with a weak presence.     

Introduction: the politics of public justification

ABSTRACT

Introducing the special issue, this introduction sketches a broad frame for studying public justification. Addressing the relevance of studying this phenomenon, we contend that justificatory processes are very much at the core today’s politics. Defining the concept inclusively, we highlight the relevance of communicative agency and, at the same time, the salience of communicative contexts that enable this agency. Casting our net widely, we show how public justification is related to other, more thoroughly studied concepts, such as legitimacy, authority and power. Encouraging students of public justification to add to our understanding of justificatory processes, we highlight multiple fruitful methodological avenues for studying the concept.     

The economic viability and stability of ‘capitalised family farming’: An analysis of agricultural decollectivisation in Peru

Abstract

The overall goal of this study is to examine if there is a dropout problem in rural China and to explore the effectiveness of a Conditional Cash Transfer (CCT) programme on the rate of dropping out. To meet this goal, we conduct a randomised controlled trial (RCT) to assess the impact of the CCT using a sample of the poorest 300 junior high school students in a nationally-designated poor county in Northwest China. We find that the annual dropout rate in the study county was 7.8 per cent and even higher, 13.3 per cent, among the children of poor households. We demonstrate that a CCT program reduces dropout by 60 per cent. The programme is most effective among students with poor academic performance, and likely more effective among girls and younger students.     

CENTRAL REGULATION OF ENGLISH LOCAL AUTHORITIES: AN EXAMPLE OF META‐GOVERNANCE?

This paper discusses how the UK government has reconfigured its regulation of English local authorities by moving from direct oversight to using an indirect independent agency as a vehicle of meta‐governance. This theme is discussed through two strands: first, by examining how several factors eroded central government’s capacity to directly regulate councils. The second strand examines the strategies used by the Audit Commission, an independent agency, to assert its authority over councils and how its hegemony is sustained by facilitating and participating in horizontal and vertical networks across government, specialist policy and stakeholders’ communities.     

Examining Connections between the Police and Prosecution in Sexual Assault Case Processing: Does the Use of Exceptional Clearance Facilitate a Downstream Orientation?

After several decades of research on how the criminal justice system handles reports of sexual assault, the attrition of cases at the police and prosecutor stages continues to draw the attention of policy makers, victim advocates, and academics. Such attrition has implications for thousands of victims and their alleged offenders each year. Current estimates show that significant rates of attrition persist and vary across jurisdictions. Recent work in two jurisdictions reveals a pattern of exceptional clearances being used to close sexual assault cases reported to the police and that prosecutors are weighing in at the arrest stage. Broadening this analysis we use incident data from a multitude of jurisdictions that report to the National Incident Based Reporting System (NIBRS) in combination with data from other law enforcement sources to investigate how legal and extra-legal incident factors as well as agency factors differentiate the decision to clear cases by exceptional means from clearance by arrest. We find that agency, legal, and extra-legal factors predict the use of exceptional clearance relative to arrest and discuss how these findings suggest a downstream orientation in case processing.     

Civil Service Reform in Ethiopia: Issues,Lessons, and Future Directions

This article provides an in-depth review of the successes and challenges of public sector reform efforts in Ethiopia with a view to help other developing countries, particularly African countries, learn from Ethiopia's experiences in this regard so that they can improve the content of and approach to their public sector reforms. It also identifies the gaps in the existing literature and puts forward implications for further research in the area. The public sector reform program of Ethiopia has shown successes particularly in the areas of service delivery to citizens. However, the reform program is entangled with challenges such as lack of accountability and transparency on the part of implementing institutions, inadequate material and moral incentive to employees thus crippling the capacity to manage the implementation process, and participation from the side of different stakeholders.     

Science,technology, and public administration: the government-university nexus

The relations between governments and universities, particularly with respect to science and technology, is traced from the agricultural period and the land-grant era to the research and development era involving particularly the fields of medicine and defense, to the modern era which is lacking a coherent national policy.

Among the institutional relations that are critical to science, technology, and public administration, those involving government-university linkages stand out. In the past, there have been two major eras of government/university relations: the land-grant era and the federal mission agency era. More recently, a third era has emerged—what we call the new federalist era. The first period featured a decentralized institutional model focused on a single economic sector: agriculture. The second was characterized by a more centralized federally dominated approach. This third era is still evolving. Its primary ingredients include university ties with many segments of industry. And government includes that as well as federal agency roles.

During the land-grant era, dating from 1862, a large number of universities, devoted initially to problems of agriculture and the mechanical arts, were created. The era was characterized by a research system involving a federal agency, state government, universities, and an industry of individuals with little or no research capability. It was a highly decentralized system, responsive to multiple needs throughout the country, with a heavy emphasis on technology transfer. It gave the initial impetus to the university in fashioning an applied role. Whatever else may be said about this system—good or bad—it certainly made the American agricultural industry more productive.

In the federal mission agency era, dating from World War II, federal agencies spent vast sums to pursue national goals in defense, space, energy, and other fields by creating programs supporting universities. On the expectation there would eventually be practical payoffs, federal agencies supported basic research largely on the universities’ terms. States were not involved in any significant degree. Industry was, of course, very much a part of this system, but in the case of defense and space, it was primarily as developers of technology for government rather than users of technology for civilian goals.

This system worked unevenly. The greatest continuity was the Department of Defense (DOD) as a sponsor of research and development, including research in universities. That is what was seen as a problem in the era of Vietnam. For many critics, it is a problem today, with Star Wars merely the most dramatic example of a too close university involvement with DOD.

There were discontinuities in most of the areas of federal mission agency support. At the time of Minnowbrook I, the desire was to redeploy science and technology to other mission areas that would improve the human condition. The process was difficult, as various domestic agencies had problems establishing and maintaining relations with science and technology. In the 1980s, most of the civilian programs were cut back and the energy program was slated to be eliminated altogether.

Today, the United States research system, and thus the government-university partnership, is in a new-federalist era of science and technology. Here, the federal government, state governments, industry, and universities cooperate and collide as each tries to make the most of several new technologies now emerging with a perceived high economic potential. Meanwhile, the university-DOD relationship has been rebuilt after a decade of rupture. In an environment of increasing global competition, the old institutional models are giving way to novel arrangements.

What has happened is that a new mission—a new problem or opportunity—has become more salient in the 1980s. This is the mission of economic development and competitiveness. Economic competitiveness is a broad and diffuse mission. The juxtaposition of this mission with science and technology is because a good part of this competition is expected to be waged on the frontier of new technology. Japan, in particular, has made technological leadership in the cluster of fields cited above a national imperative, and other nations are following suit.⁽¹⁾

No federal mission agency is clearly identified with, much less in charge of, a mission. Indeed, the mission has not been officially proclaimed but exists only as a rallying cry. The question to be resolved is whether the present scattered response is enough, or if a more comprehensive national policy should be established. If established, should a new federal mission agency be set in motion to lead the assault—perhaps one modeled after the Japanese MITI? If so, how would it relate to the other players? Given the role of the states in particular, it would seem that a cooperative model drawing on federal and state resources might be designed.     

LEARNING FROM SUCCESS: ARE SUCCESSFUL GOVERNMENTS ROLE MODELS?

Do local governments learn from their successful peers when designing public policies? In spite of extensive research on policy diffusion and learning, there is still a lack of studies on how success relates to learning patterns. We address this deficiency by examining which other governments local administrative units draw lessons from. More precisely, we investigate whether public managers learn from the experiences of local governments whose citizens are satisfied with government services. Using a large dyadic dataset on all Swedish municipalities from 2010, we find that senior public managers in local administrations learn from similar local governments and from neighbours. But we also find clear evidence that they learn from local governments whose citizens are pleased with local public services. This indicates that best practices are spread among local governments.     

IDENTIFYING CAUSALITY IN PUBLIC INSTITUTIONAL CHANGE: THE ADAPTATION OF THE NATIONAL ASSEMBLY FOR WALES TO THE EUROPEAN UNION

The aim of this article is to identify causes and effects of public institutional change. Analysis is centred on those endogenous, not exogenous, sources of political change that account for the institutional metamorphosis of the Welsh Assembly in its engagement with UK‐EU processes since 1999. The central research question addressed is to explain a qualitative shift in the logic of action of Assembly engagement, resulting in the conduct of a territorially sensitive ‘parliamentary’ EU scrutiny, but within a model of executive devolution. To capture agency and change, and to engage with sociological institutionalist debates, the article develops analytical tools of ‘framing’ and ‘operationalizing’ institutions to study the interplay between informal and formal processes of institution building since devolution. In so doing, we place refined sociological conceptions of institutions at the heart of analyses of political discontinuity and theorization of public institutional change.