The Ombudsman Revisited: Thirty Years of Hawaiian Experience

This article examines the classical, or real, ombudsman. Unlike quasi ombudsmen, which are bureaucratic control mechanisms subject to executive leaders or agency administrators, real ombudsmen are operationally independent officials of the legislative branch. In 1969, the state of Hawaii was the first to create a real ombudsman. Although Iowa, Nebraska, Alaska, and Arizona have since followed Hawaii's lead, no intensive, long-term study of American ombudsmen has yet been published. This article examines the ombudsman as a monitor of Hawaii's bureaucracies and considers the extent to which the office has become institutionalized over the past 30 years. Nearly 75,000 citizens have had their complaints investigated by the ombudsman, and more than one-fifth of them were rectified, that is, the agency reversed its original action. This study indicates that the classical ombudsman can become institutionalized in the United States. The findings have policy implications as jurisdictions at the federal, state, and local levels consider the creation of ombudsmen or quasi ombudsmen.     

监察官法制定的现实必要、争议及具体设想

今年我国或将提起审议监察官法。监察官法的出台是对现行法律难以有效管理监察官队伍的必要回应,有利于提升监察职业的威信。监察官应当走专业化发展道路,试行员额制改革,将法律职业资格作为监察机关执纪调查部门初任监察官的准入条件,采用专业技术序列设置监察官的等级。在制定监察官法的具体结构和内容上,参照新修订的《法官法》《检察官法》,我国监察试点经验以及域外监察法规,监察官的范围应当限于行使国家监察权力的专责监察人员;监察官的职权尤为需要注重保密义务与树立监察权威;经验、能力、品性、政治素养应当是遴选监察官的考量因素,对于初任监察官、转隶人员、原纪检监察部门过渡人员应当予以区别任用;应当强化对监察官的培训、任职回避与监督管理,构建系统的监察官考核、奖励和惩戒机制;在工资保险福利、职务、人身安全、职业伦理、辞职辞退与退休等方面对监察官要加以保障。     

从行政监察体制改革审视我国行政监察专员制度的建立

改革开放以来,我国的行政监察体制改革取得了很大成绩。但是,随着社会的发展,现有行政监察体制的缺陷和不足也日渐凸显。根据国外行政监察体制改革的基本经验和我国的具体国情,建立行政监察专员制度,是完善我国行政监察体制、加强行政权力监督的路径选择。     

Transforming the FBI: A Challenge of Culture, Resources, and Mission

A recent review of restructuring efforts at the Federal Bureau of Investigation published by the National Academy of Public Administration examines several studies that precipitated the reorganization and discusses the current state of counterterrorism, intelligence, and internal security functions within the agency. However, the report fails to seriously engage the benefits of restructuring federal agencies to separate criminal investigation from antiterrorism or to address the financial implications of the current reorganization. Although it provides a useful overview of current changes within the FBI, it lacks theoretical linkages.     

Changing Relations between Government and Citizen: Administrative Law and the Work of the Australian Commonwealth Ombudsman

This article examines the individual complaint‐taking role of the Australian Commonwealth Ombudsman over a 28 year period between 1977–2005. This study was conceived through a curiosity to determine how a 30 year old administrative law institution is reacting to accommodate a dramatically altered legal, political and economic environment. The suspicion was that, in the absence of legislative amendment to its jurisdiction and role, the Commonwealth Ombudsman must strategically change due to the demands of these external forces. The overall quantitative finding from the data analysis is that the internal strategic direction of the Commonwealth Ombudsman is indeed altering. In terms of dispute resolution it is increasingly using its discretionary powers to turn individual complainants back to government departments/agencies. The data analysis reveals that this administrative law institution is shifting from a reactive individual complaint taker to a proactive standard setter for government administration. This article suggests that this movement may impact upon citizen ‘rights’ or perceptions of their rights to have their individual complaints heard against government. This in turn may have a ripple effect for notions of democratic accountability and the relationship between the citizen and the state.     

Sparrow Mission: A US Intelligence Failure during World War II

The article presents an intelligence case gone bad during the Second World War, when the United States decided to drop a three-man OSS group into Hungary. Hungary, a close ally of Germany, after seeing that the war was not going to end with an Axis victory, wished to seek contact with the Western Allies in order to try to find a way out of its precarious situation. The study, based mainly on archival research, shows the evolution of the Sparrow Mission, whose goals are still unclear today. Both the preparations and the timing of the mission seem to indicate that the plan had some influence on the German decision of occupying Hungary in March 1944, and such a German move helped the Normandy landing of the Allies a few months later.     

Improving Data Quality: Actors, Incentives, and Capabilities

Devesh Kapur Centre for Advanced Study of India, University of Pennsylvania, 3600 Market Street, Suite 560, Philadelphia, PA 19104 e-mail: dkapur{at}sas.upenn.edu e-mail: herrera{at}fas.harvard.edu (corresponding author) This paper examines the construction and use of data sets inpolitical science. We focus on three interrelated questions:How might we assess data quality? What factors shape data quality?and How can these factors be addressed to improve data quality?We first outline some problems with existing data set quality,including issues of validity, coverage, and accuracy, and wediscuss some ways of identifying problems as well as some consequencesof data quality problems. The core of the paper addresses thesecond question by analyzing the incentives and capabilitiesfacing four key actors in a data supply chain: respondents,data collection agencies (including state bureaucracies andprivate organizations), international organizations, and finally,academic scholars. We conclude by making some suggestions forimproving the use and construction of data sets. Authors' note: For generous comments at many stages in the paper,the authors would like to thank Dawn Brancati, Bear Braumoeller,Kanchan Chandra, Jorge Dominguez, Errol D'Souza, Richard Grossman,Ana Grzymala-Busse, Andrew Kydd, David Laitin, Daniel Posner,Jasjeet Sekhon, Hillel Soifer, Jessica Wallack, and Steven Wilkinsonand the Comparative Politics Research Workshop at Harvard University,and the anonymous reviewers from Political Analysis. The authorstake full responsibility for any errors. An earlier versionof this paper was presented at the American Political ScienceAssociation Annual Meetings, Boston, MA, August 2002.     

Public Service and Motivation: Does Mission Matter?

This study advances our understanding of employee work motivation and performance in the public sector by reinterpreting the literature on public service motivation within the psychological framework of goal theory. An empirical test of this new framework suggests that goal theory provides a strong theoretical foundation for understanding the independent contributions of task, mission, and public service to employee work motivation and performance. The importance of an organization's mission increases employee work motivation in the public sector by making the job more important, even after controlling for the effect of performance-related extrinsic rewards.     

Mission Accomplished: The Wartime Election of 2004

The war in Iraq, so the widely accepted view, hurt the reelection of George W. Bush. We contend, to the contrary, that the war helped him get reelected. First, we show that his victory fits the dominant pattern of wartime elections in American history. Second, we find that Bush’s approval ratings benefited from a complex rally where the Iraq war prolonged rather than diminished the 9/11 effect; most Americans affirmed rather than disputed a link between the war in Iraq and the war on terror. Third, while Bush’s approval proves sensitive to U.S. casualties in the Iraq war, any damage to his standing prior to the election was mitigated by sufficient popular support for that war. And finally, on Election Day, Bush was able to garner the vote of two critical blocks with favorable feelings about the Iraq war, be it the decision to invade or the prospect of success.

Resources versus Capabilities: Social Endowments in Egalitarian Theory

Two of the most important theories in contemporary liberal egalitarianism are Ronald Dworkin's equality of resources and Amartya Sen's capability approach. Recently Dworkin has claimed that Sen's capability approach does not provide a genuine alternative to equality of resources. In this article, we provide both an internal and an external critique of Dworkin's claim. In the first part of the article we develop an internal critique by providing a detailed analysis of Dworkin's claim. Andrew Williams has contested Dworkin's claim, but he has failed to convince Dworkin of his objections. We analyze this debate, and offer an argument that, we hope, settles this dispute. In the second part of the article we argue that an analysis beyond the current parameters of the liberal-egalitarian debate points to three significant differences between Dworkin's and Sen's egalitarian theories: the degree to which they rely on an ideal-theoretical approach; their ability to judge social structures that are intertwined with people's social endowments; and their endorsement of a well-defined criterion to demarcate morally relevant from morally irrelevant inequalities. This broader analysis not only reinforces our conclusion that Dworkin's equality of resources and Sen's capability approach are genuinely distinct, but it also suggests some more general insights that may be relevant for a better understanding of contemporary egalitarian thinking.     

Transatlantic Military Space Cooperation: Addressing the Capabilities Gap

Attempts to address the transatlantic capabilities gap in military space is complicated by the rivalry between NATO and the European Union's ambition to undertake a greater role in European security, as well as being held hostage by the extent and nature of the EU's role in this crucial policy area. In light of this, transatlantic military space cooperation is likely to be modest and on a bilateral basis between Washington and the various European capitals, though NATO may yet play a larger role in this area.     

行政法学的新使命 ——2016年行政法学研究述评

2016年,行政法学界围绕行政法基础理论、行政程序立法等问题,产生了一批优秀的研究成果,对促进行政法学理论发展、推动法治政府建设、实现国家治理能力和治理体系现代化,具有理论意义和实践意义.2016年行政法学研究呈现出三个特征:第一,选题紧密结合法治实践,为推进依法治国进程、法治政府建设提供了理论支持.第二,案例研究方法的运用明显增多,反映出大数据时代行政法学研究方法的变化.第三,理论研究不断深化,促进了理论创新与繁荣发展.     

Responsibilities for Human Capabilities: Avoiding a Comprehensive Global Program

Violence, poverty, and illness are all too prevalent in our world. In order to alleviate their hold systematically, we need normative schemes with a global reach and with definite responsibilities. Martha Nussbaum’s human capabilities theory (Martha Nussbaum 2006) provides us with an insightful example. The Universal Declaration of Human Rights (The United Nations 1948), however, already includes most of the human capabilities central to Nussbaum’s theory, and violence, poverty, and illness usually appear as objectionable enough without any additional reference to capabilities. In the current article, the author argues that the primary global responsibilities can mainly be established without Nussbaum’s account of capabilities. The human rights-based approach is more promising for this purpose (Jack Donnelly 2007; Abigail Gosselin, Human Rights Review 8:35–52, 2006; Ivar Kolstad, Human Rights Review, doi:, 2008). However, the author also contends that Nussbaum’s theory may be very instructive as a relatively comprehensive moral approach that supplements the human rights view and inspires its adherents to assume secondary responsibilities in addition to the primary ones. Once we learn to see Nussbaum’s agenda in this way, not as the global program, but as one of the many reasonable and relatively comprehensive views in the global background culture, we can also learn to cultivate the responsibilities it implies in a duly dialogical way.     

Conflict and Collaboration in Wildfire Management: The Role of Mission Alignment

Responding to large wildfires requires actors from multiple jurisdictions and multiple levels of government to work collaboratively. The missions and objectives of federal agencies often differ from those of state land management agencies as well as local wildfire response agencies regarding land use and wildfire management. As wildfire size and intensity increase over time and associated annual suppression costs range between $2 billion and $3 billion, learning more about the existence and management of perceived agency differences becomes imperative within the academic and practitioner communities. This article examines the extent to which perceived mission misalignment exists among federal, state, and local actors and how well those differences are managed. Findings provide quantitative evidence that mission misalignment is greater within intergovernmental relationships than within intragovernmental relationships. Additionally, findings speak to the larger conversation around intergovernmental relationships within the federal structure and perceptions of the presence and management of potential interagency conflict.

Practitioner Points

• Potential conflict between the missions of federal and state land agencies presents a challenge for disaster management, and differing governmental levels and land‐use mandates may highlight relationships where tensions are likely greater.
• Wildfire managers may need to more proactively address relationships among federal agencies and state and local partners rather than relationships among multiple federal agencies.
• Wildfire management may benefit from increased awareness of—and discussion around—partner agencies’ stated land management philosophies and legal mandates, as structural frameworks, such as the Incident Command Structure, may not alone lead to conflict‐free collaboration.

     

Understanding Mission Expansion in the Federal Home Loan Banks: A Return to Behavioral-Choice Theory

Congress established the Federal Home Loan Banks (FHLBs) in 1932 to pursue the public purpose of homeownership. Recently, three views of their mission have emerged; one is that their purpose is to help small banks to remain viable. Why did their mission expand in this direction? We argue that mission expansion is a process that is better understood in terms of behavioral choice than public choice. Change began when expert attention was directed to small banks in rural areas and officials innovated within the existing rules to address their needs. Recognizing the FHLBs' usefulness, community bankers sought a more fundamental change in their practice. Responding to the general interest in preserving small banks' viability, legislative entrepreneurs advanced permissive rule changes. These were implemented to different extents in individual FHLBs in response to local needs. The case illustrates the usefulness of the behavioral‐choice paradigm for understanding change in public agencies and suggests legitimacy for mission change and the value of maintaining publicly directed administrative capacity.