The End of Wilderness: Conflict and Defeat of Wilderness in the Grand Canyon

In the early 1970s, Grand Canyon National Park intended to designate its land to “Wilderness,” including the controversial Colorado River corridor. However, by the end of the 1970s the potential for Wilderness designation was off the table, and would never seriously return for genuine consideration. Using Schattschneider's model of conflict, we explain how the organization of this conflict privileges the “causal story” of Wilderness opponents, and therefore why the canyon is not designated. It is our contention that members of Congress will not stand forward to support Wilderness designations without simultaneously providing benefits for extractive land use because (1) congressional representatives are more penalized for supporting than opposing Wilderness designations, (2) Wilderness advocacy groups do not pressure congressional delegates as firmly as opposition groups, and (3) key local congressional members are not likely to see Wilderness as a salient issue worth the risk of negative exposure. If these findings hold, the implication is that we may have reached the end of significant Wilderness designations in highly visible areas, unless critical aspects in land use conflict change.     

Rural Community Responses to a National Mandate: An Assessment of Floodplain Land-Use Management

Rural governments face a difficult task in complying with theNational Flood Insurance Program (NFIP), which requires detailedplanning, land use ordinances, and effective enforcement provisionsto reduce flood losses. This study analyzes responses from anational sample of officials in 852 nonmetropolitan NFIP communitiesand flood management officials in all fifty state governments.Rural officials perceive their overall floodplain managementprograms to be relatively effective in protecting future developmentbut less effective in protecting existing structures. Whileflood hazard mitigation is not a high priority in rural government,the national program appears to have spurred local activity.State assistance in developing local regulations and providinginformation is correlated with rural officials' perceptionsof meeting NFIP goals. Programs rated most effective are incommunities with local regulations in force, although technicalproblems and local political opposition are widely acknowledgedas obstacles to the development of land use measures.     

Tintin in Australia: The Federal Election on 24 November 2007

The Australian federal election on 24November 2007 ended more than a decade of dominance of the centre-right Coalition government of John Howard. Despite his long reign, Howard leaves surprisingly little legacy in terms of fundamental changes, indeed, the main policy changes were already laid down by the Labor governments in the 1980s and early 1990s. Apart from general discontent with the long serving government, the environment, the close alliance with the US and opposition to work-place legislation led to the Coalitions defeat in an election, in which even the PM lost his seat.     

农村土地权属管理中存在的问题及解决对策

农村土地权属管理是明确农村土地所有权、使用权归属,化解农村土地权属争议的一项重要管理工作。目前,我国农村土地权属管理中还存在着土地权属争议复杂、处理难度大,立法模糊、适用法律不统一,以及基层土地权属管理制度不够完善等一系列问题。为此,必须进一步完善土地立法,明确土地确权原则,加强依法行政,加大对土地权属争议的调处力度,重视有关土地政策法律的宣传工作,同时注重借鉴其他国家和地区的土地管理经验,从而扎实推进农村土地权属管理工作的有效开展。     

Deficits and Devolution in the 104th Congress

Deficit reduction was an important impetus for the devolutioninitiatives thai moved through the 104th Congress, but it wasnot the only cause. Other objectives, notably building an alliancewith Republican governors and transforming the American welfarestate, also helped to drive devolution. Although the Republicandeficit and devolution agendas appeared mutually reinforcingat first, arguments over the terms of devolution (e.g., entitlementstatus, program mandates, and funding formulas) helped to slowdown and build opposition to those agendas. The use of omnibuslegislation helped to gel Republican proposals through the Congressin 1995, but packaging together popular and highly unpopularprovisions in a single bill ultimately provided President BillClinton with political cover to veto the legislation. The unpopularityof Aid to Families with Dependent Children (AFDC) and Clinton'spledge to "end welfare as we know it" propelled a more limiteddevolution agenda focused on AFDC in the lead-up to the 1996presidential election. Devolution ofMedicaid was dropped, however,while Food Stamps and child nutrition programs experienced budgetcuts but little devolution.     

设区的市地方立法权运行现状之考察

为加强地方法治建设，《立法法》赋予了设区的市地方立法权，并对其立法提出了相应要求。然而，现实运行中，设区的市地方立法存在着追求数量、抄袭同位法、超越立法权限范围并有侵害法治统一的情形。为此，需要对设区的市地方立法事项范围做出明确解释和限定，加强省级人大的批准程序和国家权力机关的备案审查力度，并建立定期评估制度。同时，设区的市也要在坚持立法节约原则的前提下，通过委托第三方起草立法文本、实施有效的公众参与立法等方式，真正提高立法质量。     

重构我国土地立法的价值体系

土地政策是国民经济宏观调控的重要手段,科学完善的土地立法对于依法保护土地资源、促进国民经济健康发展和国民经济宏观调控的成败至关重要,国家土地利用战略和经济发展战略比市场调节更具有不可比拟的作用。我国的土地立法迫切需要重新建构其价值体系,真正贯彻可持续发展的战略,体现平等保护财产权益的法治精神,这是我国土地立法价值选择真正的理性基础。     

Foreign-Trade Agreements: A New Federal Partner?

The North American Free Trade Agreement (NAFTA) and the GeneralAgreement on Tariffs and Trade (GATT) shift power away fromstate and local government in the federal system. They imposenew rules on the exercise of state and local powers over procurementand the regulation of food, environmental, health, product andservice standards, investments, services, financial services,economic development, and land transportation. States will haveto comply with various reporting and registration requirements,and may be subject to stricter nondiscrimination obligationstoward imported goods and services than under the commerce clauseof the U.S. Constitution. State and local governments will bejudged by international panels, whose judgments the United Statesmust enforce or suffer trade sanctions from aggrieved tradingpartners. Yet, states have not strongly opposed NAFTA and GATT.The greatest state opposition has been to automatic preemption,which the Clinton administration promised to avoid as much aspossible. Nevertheless, increased power over federalism hasmoved to the executive branch, business, and trade-dispute panels,with less power for state and local governments.     

Enron, a Perceived Crisis in Public Confidence, and the Bipartisan Campaign Reform Act of 2002

In the spring of 2002 Congress passed and President Bush signed the Bipartisan Campaign Reform Act (BCRA), the first major piece of campaign reform legislation since the early 1970s. While momentum for reform had been growing since the mid-1990s, without the Enron scandal and its potential threat to public officials, additional support to overcome the procedural barriers and opposition from the Republican leadership in both the House and Senate would have been difficult to overcome. In addition, Bush Administration ties to Enron had the effect of demobilizing the president on the issue, making it virtually impossible for him to veto a bill he fundamentally opposed. The Enron scandal provided the “window of opportunity” needed by reform-oriented elites to pass a controversial and far-ranging law that was not a high priority on the public's agenda. The end result is a law, pending a Supreme Court ruling on its constitutionality, that has the potential to alter fundamentally how electoral campaigns are funded and conducted.     

The checks and balances of party federalism: German federal government in a divided legislature

Abstract In this study, we assess the potential for policy change of the German government of Helmut Kohl after unification combining party positions with formal bicameral settings in a spatial model of legislative action. We distinguish between two policy areas and two types of legislation, mandatory and non–mandatory legislation imposing either a symmetric or asymmetric power distribution between both German chambers. In order to identify German legislators' party positions in different policy areas, we use data from ECPR Party Manifesto research covering the period from German unification in 1990 to the end of the government of Helmut Kohl in 1998. We find that the federal government of Helmut Kohl had a policy leadership position until April 1991 with no procedural differences, but the gridlock danger for governmental proposals was higher on the societal than the economic dimension. Afterwards, the government's potential for policy change was considerably determined by the type of legislation, independently from the policy dimension. At the end of the Kohl era, the governmental policy leadership position was limited to policies that left even the opposition majority of German states better off. The procedural settings mattered greatly on the economic dimension, and the danger of gridlock on societal policy was smaller only for non–mandatory legislation.     

The checks and balances of party federalism: German federal government in a divided legislature

In this study, we assess the potential for policy change of the German government of Helmut Kohl after unification combining party positions with formal bicameral settings in a spatial model of legislative action. We distinguish between two policy areas and two types of legislation, mandatory and non–mandatory legislation imposing either a symmetric or asymmetric power distribution between both German chambers. In order to identify German legislators' party positions in different policy areas, we use data from ECPR Party Manifesto research covering the period from German unification in 1990 to the end of the government of Helmut Kohl in 1998. We find that the federal government of Helmut Kohl had a policy leadership position until April 1991 with no procedural differences, but the gridlock danger for governmental proposals was higher on the societal than the economic dimension. Afterwards, the government's potential for policy change was considerably determined by the type of legislation, independently from the policy dimension. At the end of the Kohl era, the governmental policy leadership position was limited to policies that left even the opposition majority of German states better off. The procedural settings mattered greatly on the economic dimension, and the danger of gridlock on societal policy was smaller only for non–mandatory legislation.     

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.

     

Retracting suburbia: Smart growth and the future of housing

Abstract

Metropolitan areas throughout the United States increasingly experience sprawl development. States such as Oregon and Maryland have enacted land use legislation that curbs sprawl by promoting denser urban growth. Smart growth, a new method of metropolitan development leading to more compact regions, offers an alternative to sprawl. Given that housing comprises a major share of the built environment, policies that promote denser residential development form a key component of smart growth.

This article provides an analytic review of the ways housing can be used to support successful smart growth policies. It focuses on three areas: the market for higher density housing, land use issues associated with denser housing development, and methods for financing higher density and mixed‐use housing. The literature on the link between smart growth and housing remains underdeveloped. We offer this synthesis as a way to advance the state of knowledge on smart growth's housing dimension.     

A MUNICIPAL LAND POOLING PROJECT IN PERTH

Planning control of urban land use in most of the Australian States is by the planning scheme system and is authorized by legislation based on the English Town and Country Planning Act, 1932. Under this system each planning authority prepares a land use zoning and reservation plan designed to accommodate the forecast urban growth. It then reviews and regulates the proposals for urban development projects as they are brought forward to ensure that they conform to the plan.     

Weaponization of the Land and Property Rights system in the Syrian civil war: facilitating restitution?

The Syrian civil war has seen the weaponization of its land and property rights system by the primary combatant groups in the country. The government is the most robust in its use of the tenure system to locate, target, destroy, confiscate, cleanse and gain revenue by way of the institutions and attributes comprising the system. Based on fieldwork with Syrian refugees in Lebanon, Jordan and Turkey, this article describes seven ways the Syrian government is currently using the land and property rights system in its military-on-civilian engagements. While the objective of such use is presumably to permanently prevail over opposition civilian constituencies, the article describes how this actually creates evidence usable for effective restitution of lands and properties subsequent to the war.     

Going on the offensive: Negative messaging in British general elections

What drives British parliamentary candidates to attack their opponents? Using an original dataset of approximately 7500 general election leaflets from four elections between 2010 and 2019, we offer the first study into the conditions under which British parliamentary candidates use negative messaging. We find that leaflets from opposition candidates and candidates contesting marginal (i.e., competitive) seats are more likely to include messages about their opponent(s), which suggests that candidates respond to the incentives and pressures that come from both their local and national environment when determining whether to include negative messaging in their leaflets. Moreover, we find that, as seats become more marginal, candidates from government parties become just as likely as opposition parties to engage in negative messaging, and therefore, voters in marginal seats are likely to experience more negative campaigns than those residing in seats where the outcome is a foregone conclusion. Taken together, our findings make an important contribution to the growing body of literature that explores how candidates use negative messaging in party-centred systems.     

AGAINST THE SPIRIT OF LOCAL GOVERNMENT: THE MAKING OF TASMANIAN TOWN AND COUNTRY PLANNING LEGISLATION

Abstract: Town planning as part of a wider program of postwar reconstruction gained support in Tasmania in the 1940s. This support resulted in the passage of the Town and Country Planning Act 1944, the first major major piece of town planning legislation in Tasmania. This article examines the background to this statute, focusing on the deliberations of a joint committee of parliament appointed to hear the views of interested parties on town planning. Particular attention is devoted to the dispute over whether municipal councils or a town planning board with wide powers should regulate town planning. The land use planning reforms introduced in 1993 are also assessed.     

Deregulating Federalism? The Politics of Mandate Reform in the 104th Congress

This article examines the politics and substance of mandatereform in the 104th Congress. It briefly describes the evolutionof the mandate issue, examines the process by which the issuewas placed on the national agenda, and traces the formulationof a legislative response. It analyzes in detail the politicsof enacting mandate-reform legislation, paying particular attentionto patterns of support and opposition and to changes in thesepatterns over time. It concludes by examining the prospectsfor successful implementation of the legislation and its likelyconsequences for the intergovernmental system.     

A Model of Spoils Politics

Accounts of state failure in the developing world frequently highlight a logic of "spoils politics" in which a government and an opposing faction vie for control of the state and the accompanying spoils. Attempts to buy the opposition off play a key role in this logic, and an informational problem often complicates these efforts. Because of limited transparancy, the government generally has a better idea about the actual size of the spoils than the opposition does. We formalize this aspect of spoils politics as a signaling game in which the government has private information about the size of the spoils and tries to co-opt the opposition by offering a share of the spoils. The opposition can accept the offer or reject it by fighting. Consistent with the strong empirical finding that the probability of civil war is higher when income is low, the probability of breakdown increases as the size of the spoils decreases. We also study the effects of uncertainty, the opposition's military strength, the cost of fighting, and power-sharing agreements on the probability of fighting.     

Conservative Perspectives on American Federalism: Introduction

Conservatives were regularly criticized by liberals and othersfor their approach to federalism throughout the twentieth century.This trend began during the Progressive era, when the justicesof the "Lochner Court" were vilified for using national judicialpower to strike down local regulations. Several decades later,conservative opposition to New Deal programs was seen as insensitiveand elitist. Arguments for constitutional limitations on executivepower in the 1930s were attributed to the greed of businessmenand corporations. During the 1950s and 1960s, the conservativedefense of states' rights was explained by other unpleasantmotivations. Opposition to national civil rights laws was, formany, analogous to fondness for Jim Crow and other forms ofracial subjugation. Since the 1980s, conservative members ofthe Rehnquist Court have been denounced from various quartersfor their federalist perspectives. According to the Court'scritics, specious arguments about state sovereignty have beenused to rescind national rights and benefits.