Safeguarding Children's Welfare in Non‐Contentious Divorce: Towards a New Conception of the Legal Process?

This article considers the working of the current procedure intended to ensure the welfare of children when their parents divorce but are not seeking any orders relating to them. It shows that the process is ineffective in safeguarding children's welfare and is not geared to ensuring that their wishes and feelings are taken into account. It argues that the focus of policy should shift away from assuming that the legal system can handle the problems of divorce, towards using the legal process as a point of contact through which families can be offered the full range of services they may need during relationship breakdown.     

NATIONAL ATTITUDES REGARDING GENDER BIAS IN CHILD CUSTODY CASES

Recent changes in family law have mandated equal treatment in child custody cases. Surveys of 4,579 attorneys and judges from four states, deemed to be nationally representative, were used to discover whether attorneys or judges perceive any favoritism toward mothers' or fathers' claims in the awarding of custody of children. Whereas attorneys, particularly males, perceive that mothers continue to be favored over fathers in custody cases, judges do not share this opinion.     

Legislator Turnout and the Calculus of Voting: The Determinants of Abstention in the U.S. Congress

The belief that turnout and abstention depend on theinteraction of the benefits and costs of voting is oneof the longest held in public choice. The interplaybetween benefits and costs has typically been studiedwithin the context of voter turnout in elections, butthese results are confounded by the fact thatparticipation in such elections is a low-cost, low-benefit activity. Analysis of voting in legislatures,where the potential returns and costs to participantsare greater, is more promising. This paper examines participation on roll calls in theU.S. House of Representatives during the recent 104thCongress (1995–1996). We analyze all contested rollcalls during this two-year period, using a negativebinomial count model that accounts for legislatorheterogeneity, to determine what factors associatedwith such votes induce turnout. Our results suggestthat, while turnout is predictable, its primaryexplanation does not lie with our standard calculationof expected benefits. We find that the ideologicalpolarization of the roll call alternatives is not avery important factor for turnout and, even morestrikingly and contrary to what past analysis hasimplied, the likelihood of any given legislator beingpivotal is completely irrelevant. Rather, what is mostimportant is that a non-trivial number of members ofCongress decide not to vote when contextual factorsforce them to choose between electioneering andlegislating. Consequently, while our results are notsufficient to induce a full-fledged ``paradox ofcongressional voting'' analogous to that of massvoting, they do indicate that participation inCongress depends most heavily on factors beyond adesire to affect the outcome.     

International political economy: a tale of two heterodoxies

International political economy (IPE) originated in the early 1970s. For almost 20 years it has been dominated by separate, largely non-communicating schools, one centred on scholarly institutions in Britain, the other associated with the US journal, International Organization (IO) . In terms of the evolving norms of both economics and political science, both schools are surprisingly heterodox. Rather than developing strong systematic data collections and systematic theory, the IO school has been characterised by a shifting set of conceptual and metatheoretical debates. The British school, which has tended to take a deliberately critical position, has been characterised by an ever-widening set of concerns topical concerns fuelled by a desire to include more and more voices in the study of IPE. These outcomes are explicable only by tracing the specific historical developments of the two schools.     

Public affairs,issues management and political strategy: methodological approaches that count

This essay reviews the primary methods that have been used to study corporate public affairs, issues management, and corporate political activity (PA/IM/CPA). We identify three tractable areas of research in these areas: (1) the determinants of PAM/IM/CPA; (2) the effects of PAM/IM/CPA on public policy outcomes; and (3) the effects of public policy outcomes on overall firm financial performance. Despite the considerable difficulties in gathering data to test these phenomena, we posit that scholars have made progress in understanding some aspects of these relationships. Still, we conclude that the greatest weakness for the advancement of methodological progress is the lack of a theoretical model describing the PAM/IM/CPA process, which ultimately hinders the ability of empiricists to seek the ‘proper’ data to test such relationships. Copyright © 2001 Henry Stewart Publications     

Collaborative Institutions in an Ecology of Games

This article seeks to improve our understanding of policy institutions and cooperation by adapting Long's (1958) analysis of the ecology of games to the context of collaborative land use and transportation planning in California. The traditional institutional rational choice analysis argues that collaborative institutions reduce the transaction costs of cooperation among multiple policy actors. The ecology of games framework extends IRC by emphasizing the consequences of multiple institutions and identifies several reasons why collaborative institutions may actually reduce the amount of cooperation in existing policy venues. Analyses of survey data from policy actors in five California regions demonstrate that higher levels of cooperation in collaborative institutions are associated with lower levels of cooperation in other land‐use and transportation planning institutions.     

Building capacity in indigenous governance: Comparing the Australian and American experiences

This paper compares key aspects of governance structures for Indigenous populations in the United States and Australia. The paper focuses on policy coordination and administration, in particular the nodes of decision-making in the two countries in relation to government contracting and accountability. The U.S. approach to funding Indigenous organizations stems from the 1975 Indian Self-Determination and Education Act and its subsequent expansions. Through the development of contracting into permanent compacting via block grants, this approach builds established nodes of Indigenous government and facilitates whole-of-government coherence at the level of the American Indian tribe. The U.S. approach seems correlated with better performance and may lighten bureaucratic loads over the long term. The Australian model, on the other hand, seeks to create whole-of-government coherence through top-down financial accountability in a way that hampers the development of Indigenous political capacity. The paper traces the development of these practices through time and illustrates how they contribute to the fragmentation rather than growth of Indigenous political capacities. It suggests ways the Australian model could be improved even in the absence of fundamental reform by drawing on the contracting-to-compacting framework of longstanding U.S. practices.