Implementing sunshine and the public records laws in dade county,florida: problems and prescriptions for reform

Open meetings and public records laws are designed to make the process and product of governmental decision making more accessible to the general public. The objective of this study is to identify problems that are associated with Florida's open meetings (sunshine) and public records laws in relation to the administrative and decision making processes of local governments. The results indicate that smaller municipalities are adversely effected by advertising costs for open meetings and for unreimbursed research costs related to public records requests. A number of suggestions are proposed to remedy the identified deficiencies.     

Conflict reconsidered: The boomerang effect of depoliticization in the policy process

This article argues that the efforts of policy‐makers to avoid conflict in the short run can be counterproductive in the long run. Not only may policy‐makers fail to reap the benefits of conflicts when they try to steer clear, but conflict may actually increase rather than diminish. We study conflict through the conceptual lens of (de)politicization in the lengthy and highly contested policy‐making process over the multibillion‐euro ‘Oosterweelconnection’ highway in Antwerp (Belgium). An in‐depth media analysis of 739 articles is combined with data from 32 narrative interviews. We conclude that efforts to end public debate through depoliticization can have a boomerang effect, in which conflict disappears only temporarily, and that these efforts can ultimately increase conflict while wasting engagement and creativity. More attention to the productive aspects of conflict is needed in public administration literature and practice.     

The county perspective on intergovernmental relations and government capacity

This analysis examines the issues of state and federal responsiveness and state and local government capacity from the perspective of county officials. Using data from a national survey of county administrators, elected executives, and commission chairpersons, the study finds that county officials are: (1) very confident of their own capacities to respond to local problems, but not as confident of local fiscal capacities; (2) very concerned about the responsiveness of state governments, particularly state legislatures, to local needs; and (3) not confident of the responsiveness of federal government to local needs either, but desirous of federal fiscal support. The assessments of state responsiveness appear related to state efforts to expand the policy making, taxing, and borrowing authority of their county governments.     

Assassination and the law: A policy memorandum

Normally, assassination is a crime under international law. Yet there are rare, residual circumstances where it may be not only permissible but law enforcing. Insofar as international law is part of United States law, assassination might—in these very extraordinary circumstances—not be unlawful. Drawing on the explicit expectations of international law and the natural law foundations of U.S. municipal law, this article acknowledges that assassination must always be impermissible as an instrument of Realpolitik, but that in a world that continues to confront innocent populations with terrible harms (terrorism, war, genocide) assassination does have a proper place. Throughout this examination, philosophical and jurisprudential perspectives are fused with both pertinent tactical considerations and utilitarian calculations.     

The perspective of multi-religious Society on Islamization policy in Malaysia

Support for Islam has often been described as part of the Malaysian government’s drive for Islamization, commonly known as ‘Islamization policy’. The concept of an ‘Islamization policy’ is contested, open to various interpretations since it is not officially defined in any government blueprint. This paper highlights the perspectives of a number of religious groups on Islamization policy. The study covered the period from 1981 until 2009, which includes the Mahathir Mohamed and Abdullah Ahmad Badawi administrations. Using a policy analysis lens, the paper focuses on the perspective of the groups regarding the idea of Islamization as a public policy; the meaning and status of Islamization policy. The patterns indicate that the views are more complex than just ‘for’ and ‘against,’ although the patterns of perception are based on two divergent views: those who support the policy (the proponents) and those who oppose it (the opponents). This diversity is significant in that it helps to provide a better understanding of some multi-religious perspectives towards Islamization policy, as well as highlighting the different interests and concerns of both Muslim and non-Muslim communities towards the policy.     

The process of professionalization and the rebuilding of administrative ethics in post-MAO China

The process of professionalization for Chinese administration is in essence one that is shifting from the Party's cadres to the civil servants of the state, from a revolutionary clique with a special mission to a professional administrative group serving the general interest of the society. As a revolutionary clique existing under the Party's leadership for a long time, it was characterized by “traditional features,” such as not being open to all citizens, politics overwhelming administration, management based on personal style rather than professional norms, etc. These features, to a large degree, produced a corresponding administrative attitude, ethics and behavior, which include a sense of “paternal official,” self-discipline, adoring personalized authority. They in turn support the traditional system with both positive and negative consequences.

The economic reform provided the impetus for changing the traditional system, and new framework with a strange civil service emerged, with such professional characteristics as opening jobs up to the whole society, respect for law and regulation, management and promotion based on merit, etc. However, the negative side of the economic reform has hindered the further development of professionalization. In particular, corruption and negligence of administrative ethics have undermined the new system. Further professionalization needs a spirit provided by rebuilding public administration: changing ideology and attitude, innovating institutions, and reforming the culture.     

Changes in labour power on district and county councils: Regional patterns and policy consequences

The focus of this article is on the quality and nature of local authority leadership. Local government leadership is male-dominated and appears to be stuck in a mould that is associated with orthodox male views that emphasise operational management rather than transformational leadership. The study shows that traditional views of leadership prevail among elected members, but such views are thought to run counter to the new approaches required for modernisation. As a result it is likely that the types of leadership and skills that are needed to transform local authorities are under-utilised. The study concludes by calling for the development of new models of leadership which capitalise on the talents of both men and women.     

Managing policy‐making in the local climate governance landscape: The role of network administrative organizations and member cities

Trans‐municipal networks (TMNs) have reshaped the landscape around local government action on global climate policy. Past research has focused on why cities join TMNs and the impact that membership has on local action. This study considers a potential reverse effect: namely, that cities' membership choices position them to influence TMNs' overall priorities. In considering this, we emphasize the role of network administrative organizations (NAOs) and posit that the multiple climate‐related networks, which share members and operate in overlapping geographic and issue spaces, are bound together as part of a meta‐network. We utilize social network analysis and data on membership in four climate‐related TMNs to examine the factors that shape how cities can influence meta‐network priorities. We find that cities with local vulnerabilities tend to be located in network positions that enable them to influence the meta‐network's overall priorities.     

Reframing development and accountability: the influence of sovereign credit ratings on policy making in developing countries

At a time of increased financial volatility, understanding ‘development’ requires that we trace spheres of accountability in order to detect the consequences of shifts in power structures from the public to the private sectors, especially. By focusing on the business of sovereign credit ratings, I argue that ratings have been particularly influential in this context not only because of their function as a benchmark for private investment, but because they now also enter into the calculations of policy makers in developing countries who are increasingly compelled to implement policies that reduce their countries' sovereign risk at possibly high costs for sustained economic growth. I explain that governments' eagerness to signal their potential as reliable capital recipients allows for credit ratings to become a powerful site of governance. This outcome is not justified by the quality of rating agencies' output, but by the subjective power of the notion of risk in a crisis prone environment that shifts accountability—through this disproportional influence of credit rating agencies—from the public to the private realm. The Argentine crisis of 2001 is presented here as a case study that illustrates these dynamics.     

The policy process in developed and less developed political systems

The author argues that we do not really know how different the policymaking systems of developed and developing nations are. In his view, policymaking in less developed regimes is different from that which occurs in more affluent countries. However, the differences are frequently overstated. After analyzing several problems of the policymaking process, Peters concludes that the differences are larglely those of degree rather than of fundamentally different types of policy problems and processes. He concludes that what may matter is the degree of difficulty governments encounter in policymaking, and in some ways the less developed countries may actually enjoy some real advantages. At the same time, however, they have more informational, financial and ideological barriers that impose political limitations on policy learning.     

The United States naval blockade of Iraq: a foreign policy and international law analysis

This is the second of a two part essay by Commander Rosen into the causes of the Iraqi invasion of Kuwait, the modern law of blockade, the political wisdom and the lawfulness of imposing a limited blockade of Iraq. Defects in the current regime of blockade were explored.

In part II, Commander Rosen closely explores the legal justification for the U.S. use of force in response to the Iraqi invasion of Kuwait. It is frequently overlooked that the U.S. naval blockade (it was called a “naval interdiction”) was a U.S.-only operation from August 12th until August 25, 1990. As a pedagogical exercise, this period is extremely important because the U.S. use of force (by its naval units), in response to a written request by deposed Emir of Kuwait, must be justified under the U.N. Charter to be proper under international law. Once the U.N. Security Council authorized the use of force on August 25, 1990 to enforce the U.N. embargo, then the operation became one in which the U.N., as a corporate body, was acting. Since most low intensity conflicts since 1945, have involved lawful use of force issues outside of Security Council purview, the U.S. unilateral military action (blockade) against Iraqi shipping must be analyzed. It is reasonable to anticipate that future controversies of this sort will occur because of philosophic divisions among the U.N. Security Council permanent members or because there is anaequate time for the U.N. “Security Council to meet and obtain the forces required to insert into a region of conflict. Resurrection of the moribund U.N. Military Staff Committee might be one of the lessons learned from this particular episode.

The United States had the benefit of a U.N. resolution on August 25, 1990 to justify its naval action. Before that date, the legal issue arises whether, in the early stages, national self-defense grounds permitted the use of force against Iraq (blockade) since deprivation of assured access to critical materials (oil) can be considered an act of aggression under some theories of international law. Commander Rosen concludes that the low intensity blockade was probably not authorized, under a theory of national self-defense, because the U.S. had no hard evidence on August 12, 1990 (the day the blockade commenced) that Saddam Hussein would deprive the U.S. of access to Gulf Oil supplies. But, because of the pervasive interdepencies of world economies, world food supplies, and petroleum access, the case was extremely close.

The customary international law of intervention (protection of nationals or humanitarian) and the law of collective self-defense was explored relative to the U.S. imposition of a limited naval blockade. Commander Rosen concludes that intervention theory will not support the limited naval blockade since there was insufficient evidence that U.S. citizens were in imminent danger (as in Grenada) and the blockade operation was too limited and indirect in scope to produce the type of rapid results which have come to be associated with a humanitarian intervention (as in the Congo). But, since Kuwait’s territorial sovereignty had been grossly violated as a result of illegal aggression, Kuwait was privileged under the U.N. Charter to request and receive defense assistance from the United States under Article 51 to recover lost territory. Arguments that the right to act in collective self-defense under Article 51 is limited to the nation which itself is attacked (or a nation closely aligned with the victim) are rejected as contrary to the U.N. norms of promoting community resistance to illegal aggression.

While the Persian Gulf dispute has resulted in open hostilities, international law issues existed whether, in the early stages, the blockade was militarily necessary and whether the blockade could be extended to the Jordanian port of Aqaba, because of conflicting reports as to Jordan’s adherence with the U.N. embargo, were explored. International law would probably not support an extension of the blockade to Aqaba because it would be seen an improper interference with Jordan’s neutrality. Similarly, forbidding the passage of U.N. medical and food convoys into Iraq was seen as a breach of international law provided such shipments were specifically authorized and supervised by the U.N. security council (to ensure that the food was only distributed to civilians).