TEACHING METHODS IN PUBLIC ADMINISTRATION REVISITED

Methodology courses in MPA programs tend to be unpopular with students and professors alike. These same courses, however, prove to be among the most valuable when the student is completing the degree program or when the student becomes a practitioner of public administration. In this article, many of the most widely used learning models for methodology are critiqued. In addition, the authors make a case for the use of inquiry training techniques, arguing that they are most appropriate for both students and professor because of their environmental sensitivity.     

The Historical Context of Small Claims Courts

The conception of simple, informal, lawyerless courts where ordinary people can settle their affairs amicably without expense, delay, technicality, or contentiousness has fascinated Americans since colonial times. This theme can be seen running through the movements to codify the law, simplify legal procedure, open the practice of law to Everyman, create conciliation courts; the creation of the small claims courts and administrative tribunals; and attempts in the 1960s and 1970s to divert small matters out of the courts altogether and into Neighborhood Justice Centers and other informal dispute resolution mechanisms. The long and complex history of reform has been characterized by cyclical shifts in emphasis between two principal modes of characterizing small claims. One mode characterizes small claims as petty private quarrels and has led to attempts to supply justice by aiding fair outcomes between the particular parties. Since no broader social impact of the dispute is seen, the most efficient possible individual level response is viewed as appropriate. The other mode perceives small claims as particular instances of important systematic injustices between social groups or classes and has led to attempts to use small claims processing as the forum for making important policy. Perceiving broad social impact of the resolution of small claims, one will see a mobilization of aggregate resources to deal with them as important social problems as appropriate. As a result, entire classes of cases and issues may be skimmed off and dealt with collectively as important social-legal problems. When this occurs the perception of the small claims that remain shifts to the other mode, and they are viewed as less important residual petty quarrels meriting less attention and resources. This periodic skimming off of certain claims and waning of collective attention to the remaining mass of claims has introduced a cyclical element into the development of small claims courts (and other legal reforms). Thus the mode of preceiving small claims itself conditions the mode of legal response which is advocated.     

Putting interpretation in its place

What can a philosophical analysis of the concept of interpretation contribute to legal theory? In his recent book,Interpretation and Legal Theory, Andrei Marmor proposes a complex and ambitious analysis as groundwork for his positivist assault on “interpretive” theories of law and of language. I argue (i) that the crucial element in Marmor's analysis of interpretation is his treatment of Ludwig Wittgenstein's remarks on following rules, and (ii) that a less ambitious analysis of interpretation than Marmor's can take better advantage of those insights about rules. I explore some implications of such an analysis for the role of interpretation in legal reasoning.     

Reflections Tornatzky writes first commentary for journal

Editorial Advisory Board     

Economic openness, policy uncertainty, and the dynamics of government support

Does globalization affect popular support for national governments? This article contends that exposure to the world economy obscures mass–elite linkages in developed democracies. Market interdependence, I argue, sends a signal to citizens that the policymaking environment has become more complex. As a consequence, publics are less certain of how to evaluate policymaker performance when exposure to the world economy increases. Informed by research on the role of uncertainty in public evaluations, I test this proposition by modeling the volatility of aggregate government popularity as a function of economic openness in four advanced industrial democracies. Results show that globalization increases the volatility—and, hence, the uncertainty—of public assessments of government performance. The implications for the political economy of advanced capitalist democracies and for models of collective public opinion are discussed.     

Locke and the Politics and Theology of Toleration

Locke's theory of toleration has been understood to rest on the claim that persecution was insufficient to instil either (i) true or (ii) sincere belief in people. Although Locke did indeed make both these claims, neither was fundamental to his theory. Locke was principally concerned to deny that persecution was necessary to instil true or sincere belief; its insufficiency to those ends he, and his contemporaries, took for granted. His denial of the necessity of persecution presupposed that human beings were, in principle, naturally adequate to the discovery of God's wants for them. The same presupposition, which derives from natural theology, underwrote the views in politics and revealed theology that complete his theory and supplied its moral content. Contemporary theories of toleration purposing to proceed on Lockean assumptions are morally and philosophically impoverished by their failure to see the requirements laid on an adequate theory of toleration by genuinely Lockean terms.     

A re‐examination of welfare states and inequality in rich nations: How in‐kind transfers and indirect taxes change the story

Previous studies find large crossnational differences in inequality amongst rich Western nations, due in large part to differences in the generosity of welfare state transfers. The United States is the least generous nation and the one having the most aftertax and transfer inequality. But these analyses are limited to the effects of cash and nearcash transfers and direct taxes on incomes, while on average, half of welfare state transfers in rich nations are inkind benefits—health insurance, education, and other services. Counting inkind benefits at government cost and accounting for the indirect taxes used to finance transfers substantially reduces crossnational differences in inequality at the bottom of the income distribution. The findings have implications for how we think about tradeoffs across welfare state domains that all nations face and we illustrate this with reference to the current U.S. debate about health insurance. © 2006 by the Association for Public Policy Analysis and Management     

THE WAR ON POVERTY: MEASUREMENT,TRENDS, AND POLICY

We present a 50‐year historical perspective of the nation's antipoverty efforts, describing the evolution of policy during four key periods since 1965. Over this half‐century, the initial heavy reliance on cash income support to poor families has eroded; increases in public support came largely in the form of in‐kind (e.g., Food Stamps) and tax‐related (e.g., the Earned Income Tax Credit) benefits. Work support and the supplementation of earnings substituted for direct support. These shifts eroded the safety net for the most disadvantaged in American society. Three poverty‐related analytical developments are also described. The rise of the Supplemental Poverty Measure (SPM)—taking account of noncash and tax‐related benefits—has corrected some of the serious weaknesses of the official poverty measure (OPM). The SPM measure indicates that the poverty rate has declined over time, rather than being essentially flat as the OPM implies. We also present snapshots of the composition of the poor population in the United States using both the OPM and the SPM, showing progress in reducing poverty overall and among specific socioeconomic subgroups since the beginning of the War on Poverty. Finally, we document the expenditure levels of numerous antipoverty programs that have accompanied the several phases of poverty policy and describe the effect of these efforts on the level of poverty. Although the effectiveness of government antipoverty transfers is debated, our findings indicate that the growth of antipoverty policies has reduced the overall level of poverty, with substantial reductions among the elderly, disabled, and blacks. However, the poverty rates for children, especially those living in single‐parent families, and families headed by a low‐skill, low‐education person, have increased. Rates of deep poverty (families living with less than one‐half of the poverty line) for the nonelderly population have not decreased, reflecting both the increasing labor market difficulties faced by the low‐skill population and the tilt of means‐tested benefits away from the poorest of the poor.