New foundations of cost–benefit analysis

This article responds to the criticisms of New Foundations of Cost–Benefit Analysis that appeared in a review by Amy Sinden, Douglas A. Kysar, and David M. Driesen. We argue that their criticisms are either based on misunderstandings of our approach or are too demanding, in the sense that no reasonable decision procedure would satisfy them. We illustrate this second argument by demonstrating that their preferred approach – feasibility analysis – has little to recommend it.     

Fairness in Context

This article is a contribution to the occasional series dealing with a major book that influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, and André-Jean Arnaud.
It describes the author's original encounter and subsequent dialogue with Bureaucratic Justice , by Jerry L. Mashaw which transformed his thinking about administrative justice and shaped the research he conducted over the next 25 years. The article assesses the strengths and weaknesses of Mashaw's approach to administrative justice, describes the author's attempts to modify and extend Mashaw's approach, outlines four case studies conducted by the author, and describes how the United Kingdom government has recently adopted an approach to administrative justice that is very similar to Mashaw's. The article concludes by considering the implications of Mashaw's approach for researchers and policy makers who wish to promote the idea that governments should attempt to treat people fairly.     

论宪法

导言 下述三个问题之间有着极其紧密的关系,所以我们必须把它们放在一起加以讨论:第一,将宪法(constitution)视作建立和组织一个政治共同体(a political community)的观点;第二,视宪政(constitutionality)原则为确定各种政体之一般形式的努力;以及第三,立宪政府(constitutional government)的性质.在本章中,我们用"宪法"一词来表达一种根本的观念,而本章所考虑的所有其他问题都由此一观念衍生而来.     

e-Justice: A Comparative Study of Computerization and Procedural Justice in Social Security

Procedural justice, which refers to the fairness of the process of decision making, is contrasted with substantive justice, which refers to the fairness of the outcomes. Extending the work of Mashaw, it is argued that there are six normative models of procedural justice: bureaucracy, professionalism, legality, managerialism, consumerism and markets. Using data from a comparative study of computerization in the social security systems of 10 countries in Europe, North America and Australasia, bureaucracy emerges as the dominant model, followed either by managerialism or by legality. Professionalism and the market are the least important models. The effect of computerization has been to intensify and entrench the bureaucratic and managerial models and undermine the professional model. In addition to presenting general trends, the paper also presents and attempts to account for differences between the 10 countries in the study.     

Advocating for active living on the rural-urban fringe: a case study of planning in the Portland, Oregon, metropolitan area

This case study is about the politics of incorporating active-living elements into a concept plan for a new community of about 68,000 people on the edge of the Portland, Oregon, metropolitan area. Development on the rural-urban fringe is ongoing in metropolitan areas around the United States. In this article, we evaluate the product of the concept-planning process from the standpoint of the extent to which environmental elements conducive to active living were included. We also analyze four issues in which challenges to the incorporation of active-living features surfaced: choices related to transportation facilities, the design and location of retail stores, the location of schools and parks, and the location of a new town center. Overall, the Damascus/Boring Concept Plan positions the area well to promote active living. Analyses of the challenges that emerged yielded lessons for advocates regarding ways to deal with conflicts between facilitating active living and local economic development and related tax-base concerns and between active-living elements and school-district planning autonomy as well as the need for advocates to have the capacity to present alternatives to the usual financial and design approaches taken by private- and public-sector investors.