Toxic Torts,Politics, and Environmental Justice: The Case for Crimtorts*

The borderline between criminal and tort law has been increasingly blurred over the past quarter century by the emergence of new “crimtort” remedies which have evolved to deter and punish corporate polluters. Punitive damages, multiple damages, and other “crimtort” remedies are under unrelenting assault by neo‐conservatives principally because, under this paradigm, the punishment for wrongdoing can be calibrated to the wealth of the polluter. If wealth‐based punishment is eliminated by the “tort reformers,” plaintiffs’ victories in crimtort actions such as those portrayed in the movies Silkwood, A Class Action, and Erin Brockovich will become an endangered species.     

CLUMSY SOLUTIONS FOR A COMPLEX WORLD: THE CASE OF CLIMATE CHANGE

Successful solutions to pressing social ills tend to consist of innovative combinations of a limited set of alternative ways of perceiving and resolving the issues. These contending policy perspectives justify, represent and stem from four different ways of organizing social relations: hierarchy, individualism, egalitarianism and fatalism. Each of these perspectives: (1) distils certain elements of experience and wisdom that are missed by the others; (2) provides a clear expression of the way in which a significant portion of the populace feels we should live with one another and with nature; and (3) needs all of the others in order to be sustainable. ‘Clumsy solutions’– policies that creatively combine all opposing perspectives on what the problems are and how they should be resolved – are therefore called for. We illustrate these claims for the issue of global warming.     

Measuring the Financial Position of Municipalities: Numbers Do Not Speak for Themselves

There are several challenges facing someone who wants to know if a city's revenue structure is fair and reasonable. There are few generally accepted standards to use as benchmarks of financial condition, and there is no generally accepted methodology to assess relative financial position. This article reviews literature on financial position and condition, and then develops a methodological approach that creates a cohort of similar cities for benchmarking financial position, and then forming a basis for assessing financial condition. Based on a study of the financial position of a medium-sized city, the article offers lessons for practitioners and scholars.     

Theorizing Implementation of Public Management Policy Reforms: A Case Study of Strategic Planning and Programming in the European Commission

As a measure to rectify the European Commission's "management deficit," the institution's authorities decided to introduce new forms of commission-wide strategic planning and programming in 2000. Drawing on semistructured interviews with Commission officials, this article tracks the key turning points, trajectories, and outcomes of events within the implementation stage of this part of the Commission managerial reform. As an instrumental case study, the article begins to theorize the process of implementing public management policy change. Major conceptual issues addressed include how reform decisions serve to activate the social mechanism of actor certification and how actor conduct amplifies such certification. Actor certification provides a link from reform choices to organizational change. In this respect and others, the research argument contrasts and integrates social theory mind-sets deriving from institutionalism and social interactionism (processualism) in line with research trends in historical sociology, organization science, and public management.     

The abiding voter: The lengthy horizon of retrospective evaluations

Although the theory of retrospective voting receives wide support in the literature on voting behaviour, less agreement exists on voters’ time horizon when assessing the government's performance – that is, whether voters are myopic. Previous studies on voter myopia tend to focus on aggregate-level measures of the economy, or use an experimental approach. Using panel data, this article offers the first investigation into voter myopia that uses individual-level evaluations of government performance in a representative survey at several points during the electoral cycle. The study focuses on The Netherlands, but it also provide tests of the generalisability and robustness of the findings, and a replication in the American context. The results indicate that voter satisfaction early in the government's term adds to explaining incumbent voting. Thus, rather than the myopic voter, evidence is found of the abiding voter – steady at her or his post, evaluating government performance over a long length of time.     

'It Wasn't Us and We Didn't Benefit': The Discourse of Opposition to an Apology by Britain for Its Role in the Slave Trade

2007 was the bicentennary of the abolition of slave trading in British ships. It was marked by renewed calls for an apology for Britain's role in the slave trade. Prime Minister Tony Blair expressed his regret for the trade but did not issue an apology.This article examines the discourse of popular opposition to an apology, as articulated in newspapers and on websites, and offers a commentary and critique on the positions adopted.'     

Black and White Unite? The Clinton–Obama Campaigns in Historical Perspective*

Senators Hillary Clinton and Barack Obama are battling to win the Democratic party's nomination as presidential candidate in 2008. Never has a white woman or a black man been so close to entering the White House. Standing in their way is Republican Senator John McCain, who would be the oldest white male ever to become US president. A possible spoiler for any of the three is the perennial campaigner, Ralph Nader. The political, social and economic histories of women and African Americans have been entwined, often to the cost of the other, since before the American Civil War. Before World War I the issue was the suffrage; then came the struggles for (women's) equal rights and (African American) civil rights, particularly after World War II. These narratives, with the related cross‐currents of class and ethnicity, are explored in relation to contemporary history and politics, especially the continuing gender and racial ‘gaps’ in US society.