Representative Government and Network Governance – In Need of 'Co-governance': Lessons from Local Decision Making on Public Schools in Denmark

The article argues for the importance of reconciling the institutions of representative government and network governance by means of a combined structure of 'co-governance', and the need for elected politicians in a role as co-governing guardians of democracy in network governance. Based on an examination of two different cases of interactive governance within the field of school reform at the local level in Denmark, some lessons are drawn as to an appropriate new role for elected politicians in a structure of co-governance.     

UNINTENDED CONSEQUENCES OF BARGAINING FOR ADOPTION ASSISTANCE PAYMENTS

Families that adopt children who are in foster care may receive monthly adoption assistance payments to offset the cost of raising the adopted child. The amount of the adoption assistance payment is the subject of bargaining between the family and the child welfare authority. This article uses a bargaining model to highlight factors that, in addition to the expected costs of raising the child, might influence the outcome of bargaining over adoption assistance payments. Findings indicate that married parents who adopt children already in their care have an advantage in bargaining, and single women who adopt their kin or foster children have a disadvantage in bargaining.     

Race relations in police operations: A legal and ethical perspective for officers

This presentation looks beyond the contemporary controversy over the use of race in drug courier profiling and examines the broad spectrum of rare relations affecting police operations. Racial controversy is not new to law enforcement, nor is it a recent phenomenon in American society. American police do not get enough credit for the enormous amount of positive daily interaction within minority communities. Police are pervasively present within minority communities around the clock successfully solving disputes, responding to calls for service, and addressing community concerns. It is against this backdrop that many in law enforcement are becoming increasingly frustrated by the perception, if not the reality of deteriorating race relations between police and minorities. One thing is certain: police cannot withdraw from racial conflict. Police will continue to operate within minority communities, regardless of the racial composition of either the community or the law enforcement agency. Therefore, officer and supervisory training should not only focus on how to avoid racial conflict, but also on how to ethically and legally perform in an environment where treatment of minorities is critically examined.     

Registration: The Cornerstone of REACH

The EC Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) came into force on 1 June 2007, marking the end of three years of intense negotiations between the Council and the European Parliament. One of the most hotly debated topics was the registration of substances, where the original Commission proposal sparked an extensive debate about the volume-based structure proposed. Risk-based prioritization was a concept proposed by both industry and academia to replace this, but due to its own fundamental lack of workability, its inclusion was rejected. However, a lightening of the low tonnage levels was agreed, along with the practical implementation of the 'one substance, one registration' principle. Overall, it can be seen that despite the many changes proposed, analyzed, discussed and accepted during the three years of intense negotiations, the basic architecture that the Commission proposed remains and registration will provide an enforceable framework for companies and will ensure a level playing field for chemicals across Europe.     

United Nations peacekeeping and terrorism: short-term risks and long-term benefits

ABSTRACT

Does the introduction of UN forces impact terrorism? We argue that at least initially, UN peacekeeping missions may significantly shift the local conflict bargaining process, creating incentives for terrorist and insurgent groups to increase their attacks against civilians. UN missions create a symbolic endpoint to initial negotiations, alter the balance of power between combatants, and may change the relationship between local combatants and the civilian population they rely on for support. We test this argument using monthly data from 12 African countries, analyzing the risk of terrorism at the local level. We find that the introduction of UN forces in an area significantly increases the short-term risk of terrorism, but longer missions in the country reduce this risk.     

“How Do I Bring Diversity?” Race and Class in the College Admissions Essay

In the first systematic study of what college applicants invoke when required to submit a diversity essay, we revisit many settled assumptions on both the left and the right about how such an essay would operate after Grutter and Gratz as well as after the passage of anti–affirmative action ballot initiatives. Our data are a sample of 176 diversity essays submitted to the University of Michigan in the immediate aftermath of the University's Supreme Court win, analyzed both qualitatively and quantitatively with special attention to the differences that the essay writer's race and class position make. We find that in many respects the essays are similar when written by applicants from similar backgrounds but different races, and that conservative critics were wrong to assume the essay would function simply as a way of announcing oneself as an under‐the‐table affirmative action candidate. Rather than suggesting a straightforward lineup of advantage and disadvantage, we suggest rather that the essay is a vehicle for the youngest generation of citizens to both receive and send back a new conception of difference that has some essentializing elements but overall is turning in a postracial, cosmopolitan direction.     

The Lisbon Judgment of the German Constitutional Court,the Primacy of EU Law and the Problem of Kompetenz‐Kompetenz: A Conflict between Right and Right in Which There is No Praetor1

The ECJ has long asserted its Kompetenz‐Kompetenz (the question of who has the authority to decide where the borders of EU authority end) based on the Union treaties which have always defined its role as the final interpreter of EU law. Yet, no national constitutional court has accepted this position, and in its Lisbon Judgment of 2009 the German Constitutional Court (FCC) has asserted its own jurisdiction of the final resort' to review future EU treaty changes and transfers of powers to the EU on two grounds: (i) ultra vires review, and (ii) identity review. The FCC justifies its claim to constitutional review with reference to its role as guardian of the national constitution whose requirements will constrain the integration process as a standing proviso and limitation on all transfers of national power to the EU for as long as the EU has not acquired the indispensable core of sovereignty, i.e. autochthonous law‐making under its own sovereign powers and constitution, and instead continues to derive its own power from the Member States under the principle of conferral. Formally therefore, at least until such time, the problem of Kompetenz‐Kompetenz affords of no solution. It can only be ‘managed’, which requires the mutual forbearance of both the ECJ and FCC which both claim the ultimate jurisdiction to decide the limits of the EU's powers—a prerogative which, if asserted by both parties without political sensitivity, would inevitably result in a constitutional crisis. The fact that no such crisis has occurred, illustrates the astute political acumen of both the FCC and the ECJ.