THE FUTURE OF PORTUGUESE PUBLIC ADMINISTRATION AND A NEW AGENDA FOR PUBLIC ADMINISTRATION SCIENCES IN THE 21st CENTURY

This paper addresses the changing role of the Portuguese state, the present priority assigned to the process of reform and the new challenges to be overcome by public administration. Such processes are demanding a new agenda for education and research in public administration sciences, shifting from the public law paradigm to an interdisciplinary problem‐solving approach and giving special attention to 10 key areas of study, which we describe in the final section of the paper. It should be noted here that the opinions expressed in this paper do not necessarily reflect the position of their institutions.     

NETWORK REGULATION: THE MANY FACES OF ACCESS

Telecommunications regulation has experienced a fundamentalshift from rate regulation to increased reliance on compelledaccess, perhaps best exemplified by the Telecommunications Actof 1996's imposition of no fewer than four new access requirements.Unfortunately, each access requirement is governed by a separateset of rules for determining both the scope and the price ofaccess. The resulting ad hoc regime has created difficult definitionalproblems and opportunities for regulatory arbitrage. In thisarticle we propose a system inspired by the discipline of mathematicsknown as graph theory that integrates all of the different formsof access into a single analytical framework. This system separatesdifferent access regimes into five categories: (1) retail access,(2) wholesale access, (3) interconnection access, (4) platformaccess, and (5) unbundled access. It also provides insightsinto how each type of access complicates the already difficultproblems of network configuration and management and introducesinefficient biases into decisions about network capacity anddesign. The approach we propose also provides insights intothe transaction cost implications of the different types ofaccess. Drawing on the Coasean theory of the firm, our approachexamines the tradeoffs between internal governance costs andthe external transaction costs of providing access to offera theory of network boundaries. This framework shows how accessregulation distorts networks' natural boundaries and providesa basis for evaluating whether private ordering through marketswould lead to more efficient network design.     

Regime transformation from below: Decentralization,local governance,and democratic reform in Nigeria

How realistic are democratic-governance strategies that emphasize local governance as a key component? Using Nigeria’s experience in local government and primary health care in the 1980s and 1990s as a case example, the article finds there were substantial shortfalls in local participation and program performance. These were caused by problems in the local political environment and local institutional design, in the national policy environment (particularly in the funding system), and by the stresses of structural adjustment, resource shortfalls, the natural physical environment, and weak leadership. These combined to create poor and inappropriate reward structures and lack of accountability. However, even though the Nigerian case was not successful, most of the specific problems that hurt it are remediable through policy changes at the national level. Several of these were under consideration at the time of the coups of 1992 and 1993.     

Social justice as a Holy Grail: The endless quest

This paper gives the author's impressions on the following aspects of justice: desert, equity, equality, need, and intergenerational equity. The author concludes that these different aspects cannot be reconciled but instead must be compromised. An example of such a compromise is provided by a discussion of welfare reform. The author claims that rights are correlative with duties, and that asserting the former has little meaning without specifying the latter. He then discusses justice toward groups rather than individuals. He proposes that maintaining cultural variety in the presence of a homogeneous superculture is a major problem of the contemporary world. The paper concludes with a discussion of various forms of power, particularly the integrative power that people acquire over each other by virtue of ties of loyalty and identity.     

Do Śrāvakas understand emptiness?

Conclusions The present study has attempted to artriculate a central issue of Mahäyäna soteriology through an examination of the writings of two Mädhyamika masters, Bhävaviveka and Candrakïrti. The purpose here has been to demonstrate a further criterion for the retrospective designation of their respective philosophies with the terms Svtantrika and Prasangika an exhaustive study of the nature of the Hinayäna wisdom according to the Mädhyamika school would entail an analysis of the writings of many other masters, especially those who produced what has been called the Yogäcära-Mädhyamika synthesis. To attempt to determine the position of Maitreyanätha, for example, on this issue would entail an analysis of the famous Five Treatises (the Dharmadharmatävibhaa, the Madhyäntavibhaga, the Mahayanasutrlamkara, the Uttratantra, and the Abhisamayälamkära) as well as the myriad commentaries on these works. It is possible to speculate briefly here on what the position of Nägärjuna may have been on this issue and then go on to discuss the implications and possible motivations of the views of Bhävaviveka and Candrakïrti.     

PPS waivers: implications for Medicare, Medicaid, and commercial insurers

This paper compares the Medicare prospective payment system (PPS) to four all-payer rate-setting systems that operated under HCFA waiver authority. The study examines the experience of Medicare, Medicaid, and commercial insurers under the two approaches. Data from several American Hospital Association surveys and from Medicaid 2082 report forms are analyzed. The paper concludes that the all-payer waiver programs have been as successful as PPS in controlling the rate of growth in Medicare costs. In addition, Medicaid programs are more successful in controlling their outlays in all-payer rate-setting environments than when they "go alone." Finally, there is no evidence to suggest that hospitals can increase charges in response to greater financial need under either PPS or the state waivers. Nevertheless, it appears that commercial insurers are better able to compete with Blue Cross plans in all-payer rate-setting states than elsewhere.     

Assessment of competency for execution? A guide for mental health professionals

Assessment of competency for execution presents two compelling ethical questions for mental health professionals: whether clinicians can ethically provide such assessment, and if so, how it should be done in order to maximize quality and minimize ethical conflict. In this article we address the issue of whether to participate and, if so, how. The question of whether to participate is discussed by summarizing the arguments for and against participation and offering guidelines for making a decision. The question of how to proceed is discussed in two contexts: preadjudication (before a formal decision about competency) and postadjudication (following a determination of "incompetent" and transfer of the offender to another facility for treatment and further assessment). Finally, recommendations are made regarding research that would improve the quality of execution competency assessments.     

Bicommunalism in Northern Ireland

Northern Ireland is a bicommunal society in which Protestantsare numerically dominant; Roman Catholics constitute virtuallyall of the remaining population. On the island as a whole, Protestantsare heavily outnumbered; the Republic of Ireland (the "South")has a population that is about 96 percent Catholic. Social segregationof the two northern communities is relatively distinct, andthere is little crosscutting between groups that might lessenbicommunal conflict. A reciprocal relationship exists betweenthe social system and political structures. Northern Irish politicalinstitutions followed the Westminster model, which facilitatedthe political exclusion of Catholics and impeded social as wellas political integration. The bicommunal social structure hasimpeded the development of more accommodating political structures.Geographic issues and external linkages compound the politicalproblem. Northern Irish politics can be viewed as a "dual dyad"in which the United Kingdom and the Republic of Ireland arecritical components. Psychological dimensions of Northern Irishbicommunalism further exacerbate the conflict.