THE COURTS AS A SOURCE OF REGULATORY REVITALIZATION: EXTERNAL AGENDA SETTING AND EQUAL EDUCATION PROGRAMS

The authors examine the relationship between the courts and HEW's Office for Civil Rights (OCR), to illustrate the effects of legal efforts to generate more vigorous agency enforcement. Opponents of racial and sex discrimination in public schools won a series of suits against OCR after it had ceased to effectively implement anti-discrimination legislation. As a result of court decisions, OCR has had its discretion over how it will carry out its legislative responsibilities curtailed.     

SCIENCE, RISK AND HEALTH POLICY: THE CHANGING OPERATIONAL RELATIONSHIP

Abstract: Scientific research is usually regarded as an impartial contributor to the public policy-making process. However, increasingly, such research in health matters to do with industrial processes, medical intervention and drug therapy is perceived to pose risks and thus produce uncertainty in government and anxiety among consumers of health services. This when the scientific research agenda is about to take increasingly dramatic steps with important implications for applied science. Five select issues intended to depict a lack of research consensus and resulting in perceptions of societal risk-taking are used to illustrate this phenomenon. The growing influence of the "Green" environmental and consumer movement promises increasing resistance to science-based societal risk-taking. Scientists have acknowledged problems and advocate a variety of responses including the adoption of radically different aims and methods in science. The quality of some medical statistics and the dominance of the research methods agenda by epidemiologists is also a cause for concern. The major dilemma, however, is that while both refutation and uncertainty are integral to the Popperian model of puzzle-solving in science, they are factors which pose serious political risks in decision-making for ministers and their advisers.     

RECONCILING THE IRRECONCILABLE? THE RESOURCE ASSESSMENT COMMISSION,RESOURCES POLICY AND THE ENVIRONMENT*

Abstract: This paper investigates the place of the Resource Assessment Commission (RAC) in the reform of resource policy-making undertaken by the Hawke government in the aftermath of its experience of the Wesley Vale pulp-mill dispute. The paper argues that the RAC was seen as a foundation upon which the reformed process would rest. The RAC's role would conform to the essence of “accordism”—that is, it would seek to depoliticise information and scientific data by filtering the wide range of inputs at the evaluative stage whilst attempting to reconcile hitherto irreconcilable interest groups from the development and environment sides of the land-use debate. The paper begins by exploring the origins of the RAC. It then reviews the RAC in action and concludes by analyzing the role of the commission within the broader context of the Hawke government's pursuit of “consensus politics”.     

IMPACT ASSESSMENT AND DEMOCRATIC POLITICS

The advent of impact assessment as a tool of policy is the latest chapter in our understanding of the relationship between science and politics. As such, it presents at least two challenges to democratic politics. Given its emphasis on appropriate procedural character of conteniporary democratic systems. And by raising the value of technical and scientific information in environmental disputes, impact assessment poses a challenge to existing concepts of popular sovereignty, based as they are on interest and preference rather than knowledge. These challenges, however, do not rep- resent irreconcilable differences. Although there may be an inherent ten- sion between impact assessment and democratic politics, there are also areas of affinity between the two. And we are destined to accept and adapt to this tension because, in fact, understanding is one of our principal defenses against tyranny.     

IMPACT ASSESSMENT AND POLICY FAILURE: THE NUCLEAR WASTE POLICY ACT OF 1982

We examine the role of environmental assessments in the siting process mandated under the ambitious Nuclear Waste Policy Act of 1982. We analyze the effect of these assessments in both the western and eastern United States using the original documents, critiques of the methodology of the assessments, and public comments on the siting process, including a content analysis of hearings in Wisconsin and Maine. We conclude that the major effect of the assessments on the policy process was to stimulate public and state opposition to the Department of Energy's efforts to implement NWPA, leading to what could be called policy failure and a significant redirection of the act by Congress in late 1987. The paper represents an early report of a more comprehensive and ongoing study of the politics of nuclear waste disposal.     

THE USE OF RISK ANALYSIS IN FEDERAL REGULATORY AGENCIES: AN EXPLORATION1

This paper reports on an exploratory study of the role of risk analysis in seven federal agencies concerned with health, safety, and environmental regulation. Interviews with key decision-makers suggest that the use of risk analysis has increased in recent years, but that its employment in risk management decision-making varies considerably both within given agencies and across agencies and policy areas. Despite methodological and institutional constraints, risk analysis is likely to play a greater role in the future as demands for comparative assessment of technological risks increase.     

SCIENCE IMPACT ASSESSMENT AND PUBLIC POLICY

In recent years a number of important science policy issues have rentered on questions about the social utility of science. The field of knowledge systems accounting has evolved as a special form of social impact assessment to observe and measure the impact of science on society. A system of social impacts of science (SIS) indicators has been developed as an attempt to represent these complex patterns and relationships. In the final analysis, the causal relevance of science to social performance depends on our capacity to link the complex knowledge system of modern science to the achievement of social goals.     

STATE-LOCAL RELATIONS AND THE AMERICAN JAIL CRISIS: AN ASSESSMENT OF STATE JAIL MANDATES

Years of neglect, combined with the recent development of a “hands on” judicial policy have resulted in a jail crisis in America. States, recognizing their contribution to this situation, have begun to develop policies designed to assist local jail officials in operating safe, humane, and constitutional facilities. These state efforts are a form o f mandating, and primarily concern minimum operating standards and inspections programs. In this research we investigate three questions related to state mandating of local jail operations: (1) what is the extent of state involvement, (2) what factors are associated with state involvement, and (3) what is the impact of state involvement? Our findings indicate (1) states have been active in developing and administering jail mandates, (2) state involvement is associated with state-level corrections policy, and (3) jail standards and inspections programs have a substantial impact on local jail performance. We conclude with a discussion of how state and local governments may proceed in the process of developing standards, inspections, and enforcement procedures.     

EFFICIENCY AND EFFECTIVENESS: PROBLEMS OF ASSESSMENT

Abstract: The paper focuses on the Coombs Commission's recommendations on efficiency and effectiveness in the Commonwealth Public Service. The recommendations involve the allocation of organizational responsibility for efficiency and effectiveness to the Department of Prime Minister and Cabinet, the Public Service Board, Treasury and the Auditor-General and individual responsibility to the departmental manager through the establishment of a "Forward Estimating Budgetary" process. However the Commission has given little guidance in the matter of the technological tools which must be developed in order to secure its implementation.
The Commonwealth Public Service Board has developed over the last two years a program of Staff Utilization Reviews (S. U. Rs) as one of its management improvement programs. The paper canvases the technological aspects of efficiency and effectiveness drawing upon the development and operational experience of the S.U.R. program. It concludes that much resource-intensive work must be done before the Commission's recommendations can be implemented but Australian and overseas experience confirms the potential fruitfulness of that work.     

USING PRODUCER INCENTIVES TO ACHIEVE SOCIAL OBJECTIVES: AN ASSESSMENT OF THE MARKETPLACE AND PUBLIC POLICIES

The purpose of this paper is to recast the light in which we have come to evaluate public policy initiatives and open the door for a more careful examination o f the effects markets have on the course of public policies employing producer incentives to achieve policy goals. Specifically, the paper will review the past experience of urban renewal to show the relationship between policy objectives and outcomes when policy is designed to work through the marketplace. By arguing that market incentives cons train policy outcomes, it is maintained that policies which are judged to have failed in its goals may in reality have succeeded when viewed in terms of normal market operations.