Of Citizenship, Virtue, and the Administrative Imperative: Deconstructing Aristotelian Civic Republicanism

Over the years, the public administration literature has generated many different strands in the definition and conceptualization of citizenship. In theory and in practice, our understanding of what it means to be a citizen is in danger of being muddled amid the diversity of perspectives and the epistemological confusion generated in the contemporary discourse on the subject. My aim in this article is to clarify and elaborate a common thread that runs through our contemporary understanding of citizenship and to advance the general thesis that our brand of theorizing reflects an earlier tradition that embodies the conservative ethos of Aristotelian republicanism. Can such a tradition survive in modern American society?     

Wholesaling in Electricity: Inching Along

This article discusses the incremental but increasingly assertive efforts by federal policy makers toward encouraging deregulation of the electric utility industry. Focusing on the efforts of the Federal Energy Regulatory Commission (FERC), we conclude that the federal government is involved in a sort of two‐sided experiment. On the one hand, efforts to deregulate the electric power industry attempt to establish a competitive market pose the question: Can government provide rational guidance in the formation of markets in a complex industry? On the other hand, it asks whether the democratic process can permit agencies such as FERC to impose and implement an economically rational design on a self‐interested pubic that is mostly interested in cheap, reliable power. In a sense, FERC is auditioning for a new role for regulatory agencies—as designers and overseers of markets. This is a dramatic shift from the traditional role of “regulator as policeman.” Whether regulators are up to the task remains to be seen.     

Peeling Away the Populist Rhetoric: Toward a Taxonomy of Anti-Tax Ballot Initiatives

Scholars have devoted considerable attention to both the fiscal and policy impact of tax and expenditure limitation ballot initiatives. This article instead examines how statewide anti-tax measures come to be placed before the general public for popular votes. It critically assesses six anti-tax measures on statewide ballots in 1996, questioning the wisdom that they were populist undertakings. While tax crusaders continue to draw on grassroots themes and use populist rhetoric, there are important differences across the groups sponsoring the six anti-tax measures, including their organizational history, professionalization, membership, and sources of financial support.     

Corporate Environmentalism, Regulatory Reform, and Industry Self-Regulation: Toward Genuine Regulatory Reinvention in the United States

Increasingly, corporations are proactively managing environmental impacts in response to pressures from the consumer, business-to-business, financial, and government procurement markets. In many cases, these efforts have produced results well beyond what could be required under public regulations. Although the U.S. Environmental Protection Agency began a process of regulatory reinvention in the 1990s as a means of promoting such innovations, the results have been somewhat disappointing. This article examines the recent trends in corporate environmental management and regulatory reform. It concludes with a discussion of changes in regulatory design that could promote ongoing gains in corporate environmental performance through the creation of a hybrid system combining elements of public regulation, government-supervised corporate self-regulation, mandatory information disclosure, and green procurement.     

A Failure of Good Intentions: An Analysis of Juvenile Justice Reform in San Francisco during the 1990s

This study examines the impact of juvenile justice on San Francisco's youth detention population during the 1990s. Because successful juvenile justice reform is measured by reductions in both detention populations and the disproportionate impact on minority youth, this study attempts to evaluate two closely related issues: (1) Did San Francisco juvenile justice reform lead to reductions in juvenile detention bookings? (2) Did San Francisco juvenile justice reform reduce disproportionate minority confinement? The results of the study demonstrated that in fact neither of these results occurred. The data clearly show that what happened instead was “net widening” whereby offenders previously excluded from the juvenile justice system were processed. This was especially the case for minority females, whose rate of detention increased more than any other group. Implications for social policies are discussed.     

A Public Choice Analysis of Endangered Species Listings

Sizable economic consequences may resultfrom listing under the Endangered SpeciesAct (ESA). Potentially adversely affectedparties will attempt to use the politicalprocess to protect their interests. Thequestion is, “are listing determinationssubject to political manipulation?” Inthis paper, we explore empirically thepossibility that implementation of the ESAis determined, in part, by politicalconsiderations. Specifically, weinvestigate whether states with strongcongressional representation are able touse their political muscle to reduce thenumber of listings in their states, ascompared to states with weak congressionalrepresentation. Controlling for otherfactors, we find that states with greaterrepresentation on the U.S. Fish andWildlife Service’s budgetary oversightsubcommittee in the U.S. House ofRepresentatives have significantly fewerESA listings than states with weakerrepresentation on that subcommittee.     

Tinpots,Totalitarians (and Democrats): An Empirical Investigation of the Effects of Economic Growth on Civil Liberties and Political Rights

Ronald Wintrobe (1990, 1998) has recently provided atheoretical foundation for estimating equations that attemptto explain the dependence of civil liberties and politicalrights in non-democratic regimes on the history of economicgrowth. This theory suggests that data from different kinds ofnon-democratic countries should not be pooled without allowingcoefficients to vary with regime type. It also placesinteresting restrictions on the signs of the coefficients ofeconomic growth in equations explaining freedom in the typesof regimes Wintrobe identifies. In this paper, we employ theserestrictions to test Wintrobe's theory. Some additionalhypotheses about the difference between democratic andnon-democratic regimes and about the role of education, notconsidered by Wintrobe, are also investigated.The results indicate clearly that the relationship between thedegree of freedom – as measured by the sum of the Gastilindexes of civil liberties and political rights – andeconomic growth varies significantly across all types ofregimes. Totalitarians (that attempt to maximize power) areclearly different than tinpots (that just attempt to maintainpower) in this respect, and non-democratic regimes differ fromdemocracies. Other aspects of the theory are partiallyconfirmed. In particular, in totalitarian regimes, positivegrowth reduces freedom, and negative growth increases it insome specifications. The theory predicts the opposite patternfor tinpots, and we do find that negative growth reducesfreedom in tinpot regimes. However, positive growth in tinpotsalso appears to reduce freedom in some cases, which is not inaccord with the theory. Secondary schooling has a positive effect on freedom, as inprevious empirical work, a result that is shown here to holdeven when each type of regime is considered separately. Butthe effect of primary schooling is different: in tinpot andtotalitarian regimes, but not in democracies, primaryschooling is associated with reduced freedom.     

经行政程序处理完的事情，当事人能否请求司法救济

请求司法救济是公民、法人运用法律武器保护自己合法权益的手段,但在司法实践中有些当事人不能正确运用法律武器保护自己的权利,且将行政程序处理完的事情请求司法救济。本文作者从几个方面分析了该案当事人的脱法行为,阐述了行政程序与法律程序在该案中适用范围及一事不再理原则在实践中的运用。     

Conceptualising State Capacity: Comparing Kazakhstan and Kyrgyzstan

Strengthening the state is central to the post-communist reform agenda. Here, state capacity combines organisational, material and social resources and is conceptualised along four dimensions: ideational, political, technical and implementational. This conceptualisation is applied to a comparative, survey-based analysis in 2002 of 125 medium-ranking officials in two post- communist Central Asian countries, Kazakhstan and Kyrgyzstan. The findings reveal that although Kazakhstan's controlled economic reform programme and natural resources have placed it in a stronger position to develop its state capacity, important ideational, political and implementational problems pose long-term obstacles for reform. In turn, Kyrgyzstan's early liberalisation in the absence of economic and social resources may be serving to undermine its state capacity.