Resolving university landlord-tenant disputes

Conclusion The housing arbitration system used by Brigham Young University's Housing Arbitration Board (HAB) has been widely used at the school for many years. It has not worked perfectly. Some landlords are critical of the school's laxness in enforcing arbitral awards.In general, students prefer the process over small claims court (chiefly, it appears, because of cost factors). The school administrators prefer mediation over arbitration but recognize that mediation does not always resolve impasses. Legal questions exist about BYU's potential restraint of trade in using the obligatory contracts the school mandates for landlords. The process relies upon persons of goodwill to serve on the tribunals, but has a long enough track record to demonstrate the HAB concept works quite well. Because of annual turnover, the need for training of mediators/arbitrators is always critical. Other universities may well wish to emulate (or modify) the HAB model in resolving their landlord and student-tenant disputes. William M. Timmins is Professor of Personnel Administration and Labor-Management Relations at the Graduate School of Management, Brigham Young University, Provo, Utah 84602. Among his recent publications isThe International Economic Policy Coordination Instrument: The OECD Experience (London: The University Press, 1985).     

Garcia and the Political Safeguards of Federalism: Is There a Better Solution to the Conundrum of the Tenth Amendment?

In Garcia v. San Antonio Metropolitan Transit Authority (1985),Justice Harry Blackmun held that the Tenth Amendment does notprevent the Congress from subjecting state and local governmentsto the provisions of the Fair Labor Standards Act, concludingthat the "political safeguards offederalism" are generally adequateto protect state interests on the national scene. This articleexamines the intellectual foundations of the "political safeguardsof federalism" and finds them inadequate. It then surveys thepost-Garcia scholarship to ascertain whether an alternativetheory of the Tenth Amendment has emerged. Concluding that ithas not, the author suggests the need for afresh approach inview of the hints contained in Justice Sandra Day O'Connor'sopinion in Gregory v. Ashcroft (1991) that five justices maybe ready to reexamine the central thesis of Garcia.     

Reviews

R. W. Davies, ed., From Tsarism to the New Economic Policy. Continuity and Change in the Economy of the USSR. London and Basingstoke: Macmillan, 1990, xx + 417 pp., £45.00.

Alastair McAuley, ed., Soviet Federalism, Nationalism and Economic Decentralisation. Leicester and London: Leicester University Press, 1991, ix + 214pp., £38.00.

Loren Graham, ed., Science and the Soviet Social Order. Cambridge, MA and London: Harvard University Press, 1990, ix + 443 pp., £27.95.

Ronald I. McKinnon, The Order of Economic Liberalization: Financial Control in the Transition to a Market Economy. Baltimore, MD, and London: The Johns Hopkins University Press, 1991. xii + 200 pp., £20.00. $32.00.

Mary McAuley, Bread and Justice: State and Society in Petrograd 1917–1922. Oxford: Oxford University Press, 1991, xviii + 461 pp., £45.00.

David Armstrong & Erik Goldstein, eds, The End of the Cold War. London: Frank Cass & Co Ltd, 1990. 216pp., £19.50.

Paul B. Stephan III & Boris M. Klimenko, eds, International Law and International Security: Military and Political Dimensions. A US‐Soviet Dialogue. Armonk, NY, and London: M. E. Sharpe, Inc., 1991, xxii + 362 pp., $90.00.

Richard F. Staar, Foreign Policies of the Soviet Union. Stanford, CA: Hoover Institution Press, 1991, xl + 352 pp., £14.95 p/b.

Robert O. Freedman, Moscow and the Middle East: Soviet Policy Since the Invasion of Afghanistan. Cambridge: Cambridge University Press, 1991, xi + 426 pp., £35.00 h/b, £14.95 p/b.

Galia Golan, Soviet Policies in The Middle East: From World War II to Gorbachev. Cambridge: Cambridge University Press, 1990, ix + 319 pp., £27.50 h/b, £10.95 p/b.

Brian McNair, Glasnost, Perestroika and the Soviet Media. London and New York: Routledge, 1991, x + 231 pp., £35.00.

Shams Ud Din, ed, Perestroika and the Nationality Question in the USSR. New Delhi: Vikas, 1991, xv + 145 pp., £15.95.

Ronald J. Hill & Jan Zielonka, eds, Restructuring Eastern Europe: Towards a New European Order. Aldershot: Edward Elgar, 1990, ix + 226 pp., £28.50.

Aleksa Djilas, The Contested Country: Yugoslav Unity and Communist Revolution 1919–1953. London: Harvard University Press, 1991, v + 259 pp., £27.95 h/b.

Bartlomiej Kamiriski, The Collapse of State Socialism: the Case of Poland. Princeton, NJ: Princeton University Press, 1991, xiv + 264 pp., $39.50 h/b, $14.95 p/b.

David Ost, Solidarity and the Politics of Anti‐Politics. Opposition and Reform in Poland since 1968. Philadelphia, PA: Temple UP, 1990, xi + 279 pp. $34.95.

Roman Laba, The Roots of Solidarity—A Political Sociology of Working Class Democratisation. Princeton, NJ: Princeton UP, 1991, xii + 247 pp., $24.95.

Keith Sword, ed, The Soviet Takeover of the Polish Eastern Provinces, 1939–41. London: Macmillan (in association with the School of Slavonic and East European Studies), 1991, xxiii + 318 pp., £45.00.

William B. Husband, Revolution in the Factory: The Birth of Soviet Textile Industry, 1917–20. New York and Oxford: Oxford University Press, 1990, viii + 227 pp. £25.00.     

New voices from the ship of fools

Conventional left accounts of Thatcherism have stressed the authoritarian nature of its political rhetoric. This paper suggests that convergences between the new conservatism and more fundamentalist moral positions, meeting on the ground of obscenity and violence in the media, are a relatively recent development, associated with renewed strategic concentration on the question of law and order. Indeed, the libertarian right, in adhering to a utilitarian laissez-faire understanding of private pleasures, has presided over a positive proliferation of erotic and other gratifications. We argue that in the United Kingdom the authentic constituency of the moral right is an increasingly socially marginal one, rendered progressively more so by the rapid development of technologies of communication and entertainment.