Lessons Learned from Two Decades of Alternative Dispute Resolution Programs and Processes at the U.S. Environmental Protection Agency

Mediation, facilitation, and other alternative dispute resolution (ADR) techniques are being used in federal agencies, state and local governments, private-sector organizations, and among private citizens in an effort to prevent and resolve disputes in a timely, cost-effective, and less adversarial manner. The U.S. Environmental Protection Agency (EPA), one of the pioneers in the application of ADR processes and techniques to public policy disputes, recently announced that it plans to in-crease the use of ADR techniques and practices across all agency programs. This article reports the results of a four-part evaluation of the use of ADR in enforcement actions at the EPA during the last two decades. Funded by the Hewlett Foundation, this effort utilized in-depth telephone interviews, government statistics, and archival records. The four groups interviewed were EPA's alternative dispute resolution specialists, potentially responsible parties (defendants) to EPA enforcement lawsuits, mediators and facilitators to EPA cases, and agency enforcement attorneys who had participated in agency enforcement ADR processes. Concluding that there are generally high levels of satisfaction with the EPA's enforcement ADR program, this article examines the sources of obstacles and assistance to ADR efforts at the EPA, suggests ways in which the EPA might improve its ADR programs, and draws lessons from the EPA's experiences that may be helpful to other public programs or organizations.     

Regional Offices in the New NHS: An Analysis of the Effects and Significance of Recent Changes

This article reports on a two-year, multi-method, qualitative study in two regional offices in the UK National Health Service of the changing role of the regional tier from the autumn of 1994. The nature of the changes from fourteen semiautonomous regional health authorities to eight regional offices of the NHS Executive, whose staff became civil servants, are described together with the way this reorganization changed the role and relationships of NHS Executive HQ, the regional offices and the field. By the end of our research in the autumn of 1996, the change from regional health authority to regional office had gone well in the two regional offices studied; they had become smaller organizations, had established closer working with HQ and believed they had more influence over policy, while retaining good relations with health authorities. Emerging issues from the changes and some of their implications are discussed, particularly the pressures towards greater centralization and the particular forms that these have taken, despite the aim, and in part the achievement, of greater devolution, and the cultural differences between the NHS and the civil service. We conclude by assessing what the future holds for regional offices, in the light of the recent NHS White Paper (Secretary of State for Health 1997)     

The South AfricdCanada Program on Governance: an experiment in supporting democracy

Abstract: The South Africa/Canada Program on Governance is a am‐funded initiative that assisted South Africa's transition to democracy in 1993 and 1994 and since then has supported the country's leaders in building the basic systems of government. It has done this by making available to senior South African elected and appointed officials Canadian public‐service practitioner advice, focusing always on the key people, key places, and core processes of government. The program has provided advice on constitutional arrangements, the establishment of a representative public service, support to the centre of government, planning and budgeting, and services delivery through its special advisers resident in Johannesburg, through workshops, through study visits to Canada for South Africans, and through the assignment of Canadian public servants to carry out projects in South Africa. Much of its work has been carried out under the auspices of twinning arrangements between six Canadian provinces and six South African provinces and their respective national departments of public works. As the program draws to an end, the authors, two of the program's special advisers, argue that in addition to providing important assistance during the transition to democracy, the program has been successful in a number of identifiable ways by supporting good governance in South Africa. They also argue that there is good reason for continued Canadian assistance in this area. Sommaire: Le Programme de gouvernance sud‐africain, une initiative financée par l'ACDI, a facilité en 1993 et 1994 l'évolution démocratique de l'Afrique du Sud et a aidé les leaders de ce pays àériger les systèmes essentiels de gouvemement. Le Programme a réalisé cela en offrant aux cadres supérieurs et aux élus sud‐africains les conseils de praticiens de la Fonction publique canadienne, en se concentrant chaquefois sur les personnes‐clé, les endroits‐clé et les processus fondamentaux du gouvernement. Grâce aux efforts de conseillers spéciaux à Johannesburg, à des ateliers, aux voyages d'études du Sud‐Africains au Canada et à l'affectation de fonctionnaires canadiens à des projets en Afrique du Sud, le programme a prodigué des conseils sur les arrangements constitutionnels, la mise sur pied d'une Fonction publique représentative, le soutien aux organismes centraux du gouvernement, la planification et la budgétisation ainsi que la prestation de services. Les activités du Programme ont été réalisées grâce au jumelage de six provinces canadiennes à six provinces sud‐africaines, ainsi que des ministères des travaux publics respectifs des deux pays. Sous sa forme actuelle, le programme viendra àéchéance bientot. Selon les auteurs, deux des conseillers spéciaux du programme, ce dernier a réussi à favoriser la bonne gouvernance en Afrique du Sud en plus d'aider le passage à la démocratie. Toujours don eux, il serait judicieux de continuer à offrir de l'assistance canadienne dans ce domaine.     

Interpersonal violence by authoritarian rulers: Saddam Hussein and Joseph Stalin compared

Why do some authoritarian rulers, such as Saddam Hussein, kill or torture other people personally, whereas others, like Joseph Stalin, delegate such violence to subordinates? Such politically motivated interpersonal violence committed by authoritarian leaders has never before been theorized. Through a comparison of Hussein and Stalin, we explain why some dictators engage in this behavior and others do not. We propose a model based on three components: the individual's prior habituation or non-habituation to violence; regime characteristics that ‘select for’ a personally violent or non-violent ruler; and, once a ruler takes power, the interaction of the first two variables. We also suggest that most communist regimes featured organizational characteristics that discouraged such violence by the leader.     

The role of technology transfer offices in building the South African biotechnology sector: an assessment of policies,practices and impact

While South Africa appears to have many of the building blocks in place to support a vibrant biotechnology sector, the potential which exists has not yet been realised. Several policies and programmes have therefore been introduced by government in recent years in order to address some of the barriers. The poor flow of technologies from research laboratories to industry has been identified as an area of particular concern, with the role of institutional technology transfer offices (TTOs) as facilitators of improved technology transfer being highlighted. This paper describes the status quo of biotechnology in South Africa, discusses relevant policy developments and against this background, examines the status of TTOs, the constraints which are faced and how these might be overcome.

Beyond Couples

Two elderly sisters who lived together complained of discrimination on the ground that, when one of them died, the other would face a heavy inheritance tax bill, unlike the survivor of a marriage or civil partnership who enjoys a “spousal exemption” under the Inheritance Tax Act 1984. They lost in both the lower chamber of the European Court of Human Rights and on appeal to the Grand Chamber. At first instance, discrimination was found but held to be proportionate and justifiable; in the Grand Chamber, no discrimination was found, as siblings and spouses/civil partners were held not to be in an analogous situation. As an attempt to avoid a tax borne only by the comparatively wealthy, this case might not naturally engage feminist sympathies. But it demonstrates how unworthy claims can produce positive results by drawing attention to society’s dismissive treatment of old people and calling into question the legal and economic privileges enjoyed by legally-bound couples at the expense of everyone else.     

ABORTION IN AUSTRALIAN ELECTIONS

This article focuses on the question of the salience of the issue of abortion in Australian elections; that is, whether it is an issue on which electors cast their vote, and whether it plays a role in changes in voting patterns. The issue of public attitudes to such primary women's rights and feminist issues as abortion has been important in Australia for many years, but there is no body of research literature here on the electoral salience of those attitudes to abortion. In contrast, a body of US literature indicates that attitudes to abortion there are of significance in predicting voters' choices at state and federal levels and that this significance has increased over time. My argument is that there are no significant patterns of voting or even of party identification that are dependent on parliamentary candidates' views on abortion in Australia, and that this has been the case for at least 30 years. My argument is made through exploring opinion polls and academic surveys; examining three anecdotal claims of electoral retribution; and looking in detail at the case of the defeat of Barry Simon in the 1980 federal election. My finding as to the non-salience of the issue of abortion among Australian voters has significance in terms of accurately identifying obstacles to feminist proposals for reform of abortion laws in Australia. One of the aims of the article is to dispel the myth that politicians who are pro-choice or who vote for abortion reform are likely to face electoral retribution on that score. That is, the feminist project of abortion reform is not a vote loser.