The New Collaborative Environmental Governance: The Localization of Regulation

This article examines the new collaborative environmental governance, an enterprise that involves collaboration between a diversity of private, public, and non-government stakeholders who, acting together towards commonly agreed goals, hope to achieve far more collectively, than individually. Such an approach appears to blur the familiar sharp boundaries that separate 'the state' from civil society, yet we still know very little about exactly what this blurring of public and private adds up to, and what its implications are. This new form of governance is examined through the lens of three Australian case studies. Each of these studies involves participatory dialogue, flexibility, inclusiveness, transparency, institutionalized consensus-building practices, and, at least to some extent, a shift from hierarchy to heterarchy. The paper examines the relationships between new and old governance, the architecture of these new initiatives, the role of the state, and the importance of negotiating in 'the shadow of hierarchy'.     

RELIGIOUS INTOLERANCE IN POST-CIVIL WAR SRI LANKA

Post-civil war, Buddhism has gone from being a privileged religion in Sri Lanka to a hegemonic religion. If the ethnic conflict with the Liberation Tigers of Tamil Eelam calcified Sinhalese Buddhist sensibilities, the comprehensive victory over the group has emboldened Sinhalese Buddhist nationalists who insist on majority superordination and minority subordination. This essay discusses how the nationalist ideology undergirding Sinhalese Buddhist majoritarianism has exacerbated religious intolerance especially towards the island's Muslims and Christian Evangelicals.     

Constraining a Principal's Choice: Outcome versus Behavior Contingent Agency Contracts in Representative Negotiations

Agency theory describes the viability of outcome and behavior contingent contracts in principal–agent transactions. This article proposes that a principal's choice between the two contract forms in a representative negotiation is constrained by the conditions that led a principal to employ an agent. Six of these conditions — expertise, emotional strain, the principal's preferred engagement strategy, zone of possible agreement, communal relationship norms, and repeated interactions between principals — are reviewed and summarized in testable propositions. Specifically, the six conditions are proposed to underscore the viability of behavior versus outcome contingent contracts in serving the principal's substantive and relationship-based interests.     

Making inferences about jury behavior from jury verdict statistics

The jury research that appears to have had the most impact on judges, policymakers, and legal academics concerned with the civil justice system involves studies using data on jury verdict statistics. This article sets forth the serious methodological problems with such studies and documents the fact that, for many purposes, the conclusions that authors have drawn from them are scientifically invalid because plausible rival alternative hypptheses cannot be eliminated. The article concludes with cautions about the seductive appeal of jury verdict data and the need to clearly recognize and state their limitations.Professors George Christie, Samuel Gross, Valerie Hans, Richard Lempert, James Levine, Michael Saks, Joseph Sanders, and Clive Seligman made many helpful comments on this article, and so did my research assistants: Jessica Buranosky Lee, Elaina Cohen, and David Landau. I also want to gratefully acknowledge an intellectual debt of over three decades to Professor Joseph E. McGrath, who scribbled about research designs and the meaning of data, and to Professor Lloyd G. Humphreys, who first introduced me to problems of measurement.     

Industry Self-Regulation: An Institutional Perspective

Throughout the advanced countries of the world self-regulatory regimes are being introduced. This article suggests that, at least in some contexts, industry self-regulation can be an effective and efficient means of social control that has been largely ignored by economics (which has a focus on individual rather than group behavior) and prematurely discounted by mainstream regulatory theory. The article examines the strengths and to a lesser extent the weaknesses of industry self-regulation from five closely related yet distinct vantage points: mediating institutions; industrial morality; institutionalizing responsibility; institutions responding to external pressure; and the roles of the state and third parties.     

Security and development in the Caucasus

This article discusses the linkage between security and development in the Caucasus. In particular, it examines the degree to which developmental dysfunction has been a significant cause of conflict, the extent to which conflict has distorted the region's economic transition, and the role of development assistance in fostering conflict resolution. The article argues that the region's conflicts have had locally significant economic consequences and that they make it difficult for the region's states to cushion the effects of post‐communist economic transition. However, the collapse of command economies and the failure of governance have a stronger causal role in explaining the economic collapse and the halting quality of economic recovery. Turning to the role of development assistance in conflict resolution, aid agencies and donors have been reluctant to use development assistance as an instrument of conflict resolution. However, there has been some success in using micro‐level assistance to foster reconciliation between communities.