Why Does the State Keep Coming Back? Neoliberalism,the State and the Archeon

In this essay I argue that the distinction between neoliberalism and the Westphalian order that is said to precede it (along with populism, authoritarianism and other contemporary phenomenon) are all facets of one and the same phenomenon: archism. Archism is a style of politics based on rule and division. Looking at the work of Derrida, Foucault and Benjamin, I examine the inner workings of archism and how it can be resisted. Above all, I consider the notion of the ‘archeon’; that privileged perch from which the state or law can judge without itself being subject to that judgment. The archeon, I argue is the central node of archism that allows itself to insinuate into any number of myriad forms without appearing to be the same phenomenon. By looking at the way Benjamin subverts the theological origins of the archeon with the idea of a God who abandons the position of judgment, I show a model for how to think differently about archism such that we do not seem eternally fated to choose between the same false dichotomies over and over again.     

Implementing Welfare Reform in Kansas: Moving, But Not Racing

Will welfare reform lead some states to race to the bottom?At least for Kansas, the answer appears to be a resounding no.Data gathered as part of the State Capacity Study's analysisof welfare reform suggest that in Kansas, elected officialsand the bureaucracy have responded in a fashion consistent withthe state's political and administrative culture: cautiouslyand incrementally. First, Kansas' welfare reform policy hasbeen driven primarily by bureaucratic decisions. Welfare administrators,supported by the governor, have minimized legislative resistanceto their policy objectives. Second, from the perspective ofwelfare generosity, Kansas has not deviated significantly fromits typical "middle" position relative to other states' policies.Third, Kansas' administration of reform embraces three primarystrategies: decentralized management authority; new links withother agencies to tackle specific welfare problems; and a newlyintegrated approach to frontline welfare case-management.     

What discount rate should bankruptcy judges use? Estimates from Canadian reorganization data

Using data from financial reorganization plans filed by insolvent Canadian firms, we estimate the discount rate implicit in the unsecured creditors’ reorganization decision. Using (HARA) utility functions, we find the implicit monthly discount rate of creditors to be 4.9%, which corresponds to an annual discount rate of 77%. This is 7–10 times higher than discount rates used in previous empirical studies of reorganization. The discount rate estimates are robust to a range of assumptions about the degree of risk aversion and the market-to-book-value ratio of assets.     

Life at the Bottom of the Fiscal Food Chain: Examining City and County Revenue Decisions

Any shifting of responsibilities from the state or federal governmentsto local governments would fall mostly on the shoulders of general-purposegovernments, namely, cities (municipalities) and counties. Thisstudy explores city and county revenue decisions associatedwith general funds—the governmental fund most likely tobe affected by state requirements for greater local financingresponsibility for new or devolved programs. The results suggestthat state control over local revenue authority affects decisionsregarding the imposition of financial burdens on residents,and that intergovernmental aid to cities and counties does notnecessarily mitigate those burdens. Despite evidence of healthyfinancial reserves, especially for cities, shifting responsibilitiesfrom the state to city or county governments could place citiesand counties in difficult fiscal positions. Given the importanceof own-source revenues to current budgets, and in view of thequestionable impact of intergovernmental aid on city and countyresidents' revenue burdens, questions persist about the abilityof city and county governments to maintain (and, if necessary,to expand) services during economic recession.     

The Challenges of Contracting and Accountability Across the Federal System: From Ambulances to Space Shuttles

This article focuses on two questions related lo governmentcontracting and accountability. How are key components of contractingsimilar or different for city, state, and federal governmentsin the United States? To what extent do the three levels ofgovernment share the widely recognized challenges of contractdesign and contract management? To address these questions,we compared and contrasted six contracting cases, two each forlocal, state, and the federal governments. We found that forall governments in the U.S. federal system, the public managementfunctions of contracting are remarkably similar, and that contractmanagement and the achievement of accountability are "weak links"in the contracting process. Our findings do not support thehypothesis that contract management is more effective in localgovernment relative to state and federal governments.     

Bouncing boundaries and breaking boundaries

New bio-technologies are currently forcing medicine to cross boundaries that might have seemed insuperable sometime ago. Specifically, they now help to prolong human life beyond its natural process and to maintain it almost indefinitely. Consequently, death takes on new meanings. For some it simply appears like an eventuality that can be postponed while, for others, death become synonymous to extended suffering, to dehumanization and to anguish. This apprehension gives rise to a wave of compassion for the dying person which is being translated into a new discourse around the notions of “quality of life” and “dying with dignity”. In this movement, the question of assisted suicide resurfaces. Through an extensive study of the Sue Rodriguez case in the Supreme Court of Canada (1993), the author shows that this particular case forced the Canadian society to rethink some of its long-standing socio-legal boundaries. First, the current social debate on assisted suicide poses new demands on Criminal Law, particularly on the judicial tradition since the courts are presently ill-equipped to respond to cases which demand to give content to new “human rights” that do not yet have a legal substance. Second, the Rodriguez case revealed the emergence, on the judicial and political scenes, of certain community groups that restructures the traditional power relations linked to the social regulation of assisted suicide. Finally, the study shows a change in the boundaries surrounding the accepted use of Criminal Law toward an administrative (risk management) rather than punitive use. This revised version was published online in August 2006 with corrections to the Cover Date.     

Women's friendships under urbanization: A Malaysian study

One of the less visible but often serious adaptations for women under urbanization is finding support in the form of friendships with other women. This paper draws on fieldwork by the author to consider the friendship issue for a sample of white-collar women in urban Malaysia and, in particular, to address the questions: How do white-collar women make friendships with other women in the city? How are the friendships maintained? How do the friendships contribute to women's successful survival in the city? Given ethnicity as a generally important influence on the lives of urban Malaysians, some particular attention is paid differences in friendship experience according to ethnic background, but it is also suggested that occupation makes a difference, that the friendship experience of white-collar women differs in important respects from that of women in other occupations.     

Depression Among Mexican Women: The Impact of Nonviolent Coercive Control,Intimate Partner Violence and Employment Status

There is significant empirical evidence documenting the link between intimate partner violence (IPV) and incidence of depression symptoms. This study explores the impact of intimate partner violence, nonviolent spousal coercive control, and women’s employment status on the incidence of depression symptoms in a sample of Mexican women. Results from regression models suggest different types of abusive relationships have differential impacts on incidence of depression. Specifically, a woman’s employment status contributed to the risk of depression in the context of prevalent nonviolent spousal controlling behaviors. On the other hand, employment status did not contribute to the risk of developing depression symptoms when women were in relationships where physical violence was not coupled with controlling behaviors. Results of the study are discussed in the context of the Mexican culture, as well as implications for the treatment of IPV among Mexican women.