The myth of the corporation as a creation of the state

The general movement to joint stock enterprise could not take place until certain economic and legal changes had been effected … The legal change was the substitution of the law of corporations for the law of partnership in company affairs. Investors could then invest safely and full exploitation of the economic changes became possible … Out before the legal changes of 1844 and 1855. English law virtually prohibited joint-stock enterprise for ordinary trading and manufacturing purposes.¹     

THE EVOLUTION OF FEDERAL CITIZEN INVOLVEMENT POLICY

This article traces the emergence of federal citizen involvement policy during the past 34 years which is described as emerging in an incremental and disjointed manner since World War II. The essay summarizes the major stages in this evolution, describes important principles associated with each stage, and identifies 24 elements that constitute an accrued federal citizen involvement policy.     

FIELD NETWORK RESEARCH IN POLICY EVALUATION

The field-network evaluation studies (FNES) approach to policy evaluation research seeks to overcome deficiencies of small-sample case study method and of the large-sample survey research approach. Methodologically, FNES uses many of the familiar techniques of both these approaches interviews, data collection and analysis, limited sampling, field observation, and document analysis. The crucial difference is sample size. The FNES approach using a middle-range sample of 50 to 60 research sites has the advantages of the case study method in being able to provide an in depth account of a program and how it operates, and is sufficiently flexible to permit a shift in the analytical framework as the research proceeds thus overcoming the inflexibility of the instruments of survey research.
Seven major studies employing the FNES approach have been carried out or are underway in the United States of America. The principal components of the methodology are a network of university-based field associates and a central management group. The field associates collect the information and the data using a uniform analytical framework and reporting form. The central staff aggregates these analyses into a single report that cuts across the sample. This approach and the use of a middle-range sample make it possible to draw generalizable conclusions based on the national experience, and also provide sufficient detail to differentiate policy impacts among the sample jurisdictions.     

South Africa's unintended experiment in school choice: how the National Education Policy Act,the South Africa Schools Act and the Employment of Educators Act create the enabling conditions for quasi-markets in schools

School choice is often identified with right-leaning, voucher-happy, market-oriented public school systems like those found in the United States. Thus, the proposition that a social democratic state such as South Africa will offer many primary and secondary school learners far greater choice strikes many as counter-intuitive and implausible. The authors demonstrate that the three major pieces of education framework legislation—National Education Policy Act (NEPA), South Africa Schools Act (SASA) and Employment of Educators Act (EEA)—conspire with recent historical events and deep political and constitutional commitments to create South Africa's unintended experiment in school choice.

The authors emphasize that the legal framework created by legislation and regulation are necessary but not sufficient conditions—they prefer to call them enabling conditions—for the creation of quasi-markets in schools. The generation of quasi-markets in schools depends on several other factors required for all markets. The absence of many of these features in much of South Africa explains why the majority of South African learners do not have access to quasi-markets in schools. The absence of such features is largely a function of apartheid's legacy of deeply entrenched patterns of inequality in primary and secondary schooling.

Having demonstrated that historical, political, legal and economic conditions had the unintended consequence of producing school choice—and that school choice was not the result of the state's adoption of a conscious and deliberate policy—the authors examine the state's response to this de facto policy. The authors remain agnostic as to the desirability of the de facto policy and conclude with an exploration of some of the primary critiques of choice in South Africa. While they dismiss the ‘political’ critiques as largely facile, the available empirical evidence suggests the limited systemic benefits and the potentially deleterious consequences for the poorest of the poor who reside in areas where quasi-markets exist. The state's current ‘conscious’ attempts to re-engineer a modest mixed model, that emphasizes access to existing quasi-markets—and thus exploits superior existing school stock for the benefit of learners from historically disadvantaged communities—and that shifts public resources to those schools in the greatest need, accords with what little we know about the advantages and disadvantages of choice.