Municipal services and the judiciary: the immunity doctrine in the service delivery process

During the past decade residents have sought judicial redress against municipalities alleging discrimination in the delivery of services in their neighborhoods. Recent court activity in this area has expanded to include the issues of municipal government and public servant immunity and liability. After anda brief discussion of how the municipal bureau cracy impacts the service delivery process and municipal service equalization suits, this paper provides a legal perspective on immunity and liability issues affecting the municipality and its personnel. The paper also addresses the topic of municipal protection against liability losses and concludes with a summary discussion of arguments for and against imposing strict liability upon municipalities and their representatives.     

Adarand v. pena: turning challenges into opportunities

This article provides a historical and legal overview of preference and set-aside programs. Further, the barriers and driving forces that have influenced preference programs are discussed. Finally, the processes, strategies, programs, and criteria employed at the Metropolitan Washington Airport Authority and Port Authority of New York and New Jersey, to meet the test of strict scrutiny in Adarand, will be explored and analyzed as alternatives for preference programs.     

Economic and Social Policy Trade-Offs in the Russian Regions: Evidence from Four Case Studies

Through case studies of four Russian regions, we examine the trade-offs between social and economic policy at the regional level. All four regions studied seek to stimulate entrepreneurship while preserving or expanding social welfare coverage. Regions differ in development strategies, some placing greater emphasis on indigenous business development and others seeking to attract outside investment. Variation in levels of democracy are unrelated to policy choices. All four regional governments consult actively with local business associations while organised labour is weak. The absence of effective institutions to enforce commitments undermines regional capacity to make social policy an instrument for long-term development.     

Talking to "Terrorists": Towards an Independent Analytical Framework for the Study of Violent Substate Activism

"Terrorism Studies" as a specific discipline is a comparatively recent addition to the social sciences and is still grappling with questions relating to a proper or appropriate methodology. This article argues that research within the field is often based neither on primary sources nor set within an independent analytical framework. Rather, it is characterized by an "aligned" position dependent on a research hermeneutic of crisis management, which perpetuates the "received view." Talking to "terrorists" and the use of social identity theory, applied in a context of cultural difference, are here proposed as a methodology enabling independent analysis.     

Military Experience,Identity Discrepancies,and Far Right Terrorism: An Exploratory Analysis

The relationship between far right extremism and military involvement is a complex problem and the dynamics that explain this relationship are not well understood. The present article addresses this gap by discussing the relationship between military experience, identity discrepancies, and far right terrorism. This article proposes that identity discrepancies occur when individuals experience involuntary role exits from the military or when individuals perceive that personal achievements earned while enlisted are unrecognized or unappreciated. Identity discrepancies may facilitate a change in behavior toward far right extremism and eventually terrorism. Case study examples are provided to illustrate this relationship.     

The ontic uniqueness and irreducibility of language and communicative actions

ABSTRACT

The main focus of the argument presented in this (the first of two) article(s) is directed towards an investigation into the uniqueness and irreducibility of language and communicative actions. It is done on the basis of the distinction between what is ontically given and what can be articulated through the theoretical endeavours of an ontology. The argument unfolds with reference to the inherent anatomical limitations of animals in the articulation of truly human language, and by mentioning the fact that, strictly speaking, the human being does not possess a single 'speech organ.' It also takes into consideration what Plessner has called the 'mediated immediacy' of language, and the inherent ambiguity and choice present in linguistic meaning (Cassirer, Nida and de Klerk). A brief explanation of the transition from the rationalistic epistemic ideal of Enligthenment to the historicism of the nineteenth century and to the eventual linguistic turn (end of the nineteenth and the beginning of the twentieth centuries) serves to elucidate why language as such eventually became a new horizon for reflection during the twentieth century (Heidegger and Gadamer). It is mentioned that Hegel provided a starting-point for communication theory and also that the dialogical principle in the thought of Buber aimed at subject–subject relations at the cost of subject–object relations. Against this background the discussion returns to the problem of uniqueness and multivocality. Examples of primitive (indefinable) terms in mathematics, the discipline of kinematics and the science of linguistics are mentioned. As a first example of the analogical employment of terms, the multivocality of causality is assessed – with specific reference to communicative and historical causality. The brief assessment of the positions taken by Jaspers and Habermas, and the objection against (unfounded) reductionism should be seen as a transitional introduction to the follow-up article (in a later issue of Communicatio) in which the ontic interconnectedness and interdependence of language and communicative actions will be examined in more detail.