Assessing policy capacity in Canada's public services: Perspectives of deputy and assistant deputy ministers

Abstract: The state of policy capacity within Canada's various levels of government has for some time been the subject of discussion both within the public services themselves and among the academic research community. Drawing on the results of a 2006 survey of deputy and assistant deputy ministers working in Canada's federal, ten provincial and three territorial governments, this article presents assessments made by the most senior leadership. The survey results show that ninety per cent of deputy ministers and assistant deputy ministers agree that policy capacity has changed but that the change is not uni‐directional. Both improvements and decline in policy capacity were observed, although assessments of decline were somewhat more pronounced. Moreover, improvements in policy capacity were found to be associated with a reduced focus on direct service delivery, a greater concern with long‐term planning, and the presence of a political leadership interested in innovation. Conversely, declining policy capacity was found to be linked to centralization of power, the loss of institutional memory, and “churning” within the ranks of the executive leadership. Additionally, level of government was also observed to be linked with change in policy capacity, with provincial deputies reflecting more negatively on policy capacity decline in their government than deputies at other levels.     

U.S. Supreme Court Affirms Potentially Responsible Parties' Right of Action for Cost Recovery

In the wake of the Supreme Court's decision in Aviall—that potentially responsible parties (PRPs) are not permitted to seek contribution from other PRPs under CERCLA unless they have been sued or otherwise settled their CERCLA liability—PRPs and the courts have struggled to identify a remedy for those that voluntarily undertake cleanup of contaminated sites. The Atlantic Research decision resolves a conflict among the circuits and clarifies that PRPs voluntarily incurring cleanup costs pursuant to CERCLA, can maintain an action for cost recovery against other PRPs. The authors discuss the current legal landscape regarding actions for cost recovery as presented in Atlantic Research.     

Revolutionary Discourse in Mao's China,by David E. Apter and Tony Saich

Abstract

As early as Edgar Snow's pioneering Red Star over China (1937), Yan'an was seen as the “defining moment” of the Chinese Communists' rise to power. Beginning in 1935, Mao Zedong set his personal imprint on the party as he successfully guided it from the disaster of the Long March to the “Congress of Victors” in 1945. This set the stage for the final showdown with Chiang Kai-shek and the hapless Nationalists in the civil war of 1946-49. With the victory of the Chinese Communist Party (CCP) in 1949, the experiences of Yan'an became the blueprint for the reconstruction of China along the lines first laid out in that remote and impoverished town in the northeast.