Lochner redeemed: family privacy after Troxel and Carhart

At least since its 1992 decision in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court has differentiated its review of abortion laws from its scrutiny of other intrusions on family privacy. Whereas abortion restrictions are reviewed under the middling "undue burden" standard, incursions on other family-related liberties, including marriage, kinship, and child rearing are said to be subject to the strict scrutiny ordinarily employed in the defense of fundamental rights. This Article contends that the Court's most recent decisions in this context give reason to reconsider both sides of that equation. Stenberg v. Carhart, striking down Nebraska's ban on "partial-birth" abortions, suggests that the Court's scrutiny in the abortion context will be more aggressive and rigid than most had supposed. At the same time, its decision in Troxel v. Granville, limiting states' authority to order grandparent visitation over the objects of a parent, suggest that there is more fluidity in the Court's review of other family liberties than is conventionally assumed. Together the cases signal a convergence in both sorts of family-privacy controversies toward a common standard of "reasonableness." That standard bears, for many, an uncomfortable association with the much-maligned "natural law-due process formula" of the Lochner era, but Professor Meyer argues that it is precisely the right approach in the context of family privacy. Although more rigid doctrinal formulae are sometimes preferred on the ground that they constrain judicial judgment, here they are undesirable precisely because they obscure the value judgments that are inevitably at the core of every family-privacy decision.     

Toward a holistic paradigm for Asian American Women's Studies: A synthesis of feminist scholarship and women of color's feminist politics

In this paper I propose a Women's Studies method for an Asian American Studies curriculum by incorporating a women-centred feminist historical approach and a holistic feminist anthropological approach with American women of color's feminist politics with an emphasis on the interconnectedness of sexism, racism, classism and homophobia in the American social systems and cultural ideologies.My work is based on the belief that an Asian American Women's Studies method must be founded on a feminist politics which is specifically derived from their own definition of themselves and feminism which are based on multiple consciousness raising and multiple identities of gender, race, ethnicity, class and sexuality.     

New Public Management in Austria: Local Variation on a Global Theme?

This article tracks public sector reform in Austria with a focus on the influence of New Public Management (NPM) both as label and as specific set of reform ideas. We analyse to what degree current reforms have been influenced and shaped by this widely acclaimed international trend. In this empirical study we combine the different data sources of media coverage, reform documents and public sector executive survey to cover different levels of analysis. Although the reforms include NPM-features, we see no evidence so far for an archetype change in the Austrian public sector.     

Teaching and assessing leadership courses at the John F. Kennedy school of government

The development of leadership courses aimed at usefulness in practice requires new theory and pedagogy, as well as a hard look at assessing course effectiveness: How useful do students find the course materials for analyzing their past professional experience? How relevant and effective do students find the courses for understanding and intervening into politics and organizations after rejoining professional life? A summary is provided of the setting, theory, and methods for these courses, as well as the results of a survey of students after they had resumed their careers. The authors conclude with a brief discussion of the risks involved in teaching leadership.     

Attracting private investment to contaminated properties: The value of public interventions

We employ a mail survey of private developers that uses conjoint choice experiments and Likert‐scaled attitudinal questions to examine preferences for policy instruments and incentives intended to encourage brownfield cleanup and redevelopment. Our analysis suggests that developers judge public hearing requirements at brownfield redevelopments unattractive, but that they place a relatively high value on liability relief—from both cleanup costs and claims by third parties. Reimbursement of environmental assessment costs is not particularly attractive. We also find considerable heterogeneity among developers in the value they place on these incentives, depending on their experience with contaminated sites. © 2006 by the Association for Public Policy Analysis and Management