The new constitutions of east Germany

The restoration of the Lander in the former GDR in 1990 and the unification of Berlin called for a round of constitution drafting in the east that resulted in considerable discussion and controversy within the attentive public and, especially, among legal scholars in all of Germany. Controversy focused on two general issues: direct democracy and certain constitutional provisions such as social rights and state goals. Direct democracy is nothing new for the Länder, since most West German Land constitutions provided for referenda long before the Wall collapsed. But the three‐step process adopted in the east, and in particular the relatively low signature requirements for initiatives and petitions, both of which were in fact first introduced by Schleswig‐Holstein in 1990, did not meet with universal approval. Even more controversial were certain provisions in the Land constititions, for example, Brandenburg, that probably violate the Basic Law, and a number of unenforceable social rights and state goals that raise questions about feasibility and false expectations. This leaves us with questions about just how different from their western counterparts the constitutions in the new Lander really are and whether, given the relatively weak position of the Lander in the policy‐making process in the German federal system and the EU, their constitutional provisions matter that much.     

SECRETARY OF STATE MARSHALL,GENERAL CLAY,AND THE MOSCOW COUNCIL OF FOREIGN MINISTERS MEETING OF 1947: A RESPONSE TO PHILIP ZELIKOW

This commentary challenges the major conclusion of a 1997 article which appeared in this journal. There, Philip Zelikow argued that previous treatments of the Council of Foreign Ministers 1947 meeting in Moscow erred in their characterization of the role of US Secretary of State Marshall. Earlier studies, in Zelikow’s view, failed to understand that Marshall, refusing to be constrained by the recently announced containment policy, made a serious effort to meet Soviet demands for reparations from current German output. It is contended here that a review of the evidence, especially materials from the John Foster Dulles papers and from British archives, does not support Zelikow’s conclusion.     

Neighborhood challenges to economic development

This article analyzes neighborhood-based development challenges. The article examines six explanations for such challenges: use value, social status, growth, economic and fiscal, governmental structure, and suburban. Using data derived from several sources (survey, Census, I. C.M.A.), the results indicate that cities with higher housing values and reform government structures are more likely to have neighborhood-based development challenges. The analysis is extended to investigate successful neighborhood-based development challenges. These results indicate that a city's poverty rate depresses the potential for successful challenges and that challenges are more likely to be successful in central cities. Finally, the analysis indicates that those cities in which neighborhood groups are motivated by the desire to protect housing values are more likely have successful development challenges.     

Bhutan: ethnic policies in the dragon kingdom

On the fiftieth anniversary of the Tibetan Uprising of 1959, this impassioned article examines the origins of the Uprising and the subsequent course of events. It describes the current situation, discusses the role of the Dalai Lama and examines his pronouncements, as well as trying to explain Chinese attitudes to the Dalai Lama, to Tibet and towards Tibetans. The author comes to a pessimistic conclusion: other countries are not prepared to stand up to China and Tibetan culture is being steadily destroyed by a flood of Han Chinese settlers.     

Looking Back and Forward on Asbestos Claims

There have been many developments in the asbestos claims arena. Asbestos costs have been affected by a number of important developments in the past two years, and it is expected that activity level will be high this year. Particularly significant in 2014 was the Garlock case, which set a precedent for increased transparency of relevant facts in asbestos litigation. In addition, there are legislative activities at the federal and state levels that include increasing transparency. This article focuses on trends in asbestos litigation, and highlights that there are environmental insurance products available for new exposure to asbestos.     

Book Reviews

Mauricio Font, The State and the Private Sector in Latin America: The Shift to Partnership. New York: Palgrave Macmillan, 2015. Figure, bibliography, appendixes, index, 318 pp.; hardcover $100, ebook $79.99. Tracy Beck Fenwick, Avoiding Governors: Federalism, Democracy, and Poverty Alleviation in Brazil and Argentina. Notre Dame: University of Notre Dame Press, 2016. Tables, figures, acronyms, bibliography, index, 277 pp.; hardcover $75, paperback $29. Michael Reid, Brazil: The Troubled Rise of a Global Power. New Haven: Yale University Press, 2016 [2014]. Illustrations, 352 pp.; paperback $22. Ben Ross Schneider, ed., New Order and Progress: Development and Democracy in Brazil. New York: Oxford University Press, 2016. Tables, figures, bibliography, index, 328 pp.; hardcover $99, paperback $31.95, ebook. Anthony P. Maingot, Race, Ideology, and the Decline of Caribbean Marxism. Gainesville: University Press of Florida, 2015. Index, 368 pp.; hardcover $79.95. Sebastián Ureta, Assembling Policy: Transantiago, Human Devices, and the Dream of a World‐Class Society. Cambridge: MIT Press, 2015. Photographs, figures, abbreviations, bibliography, index, 224 pp.; hardcover $39, ebook $27. Carlos de la Torre, De Velasco a Correa: insurreciones, populismos y elecciones en Ecuador, 1944–2013. Quito: Corporación Editora Nacional, 2015. Tables, bibliography, 243 pp.; paperback. Sebastian E. Bitar, US Military Bases, Quasi‐Bases, and Domestic Politics in Latin America. New York: Palgrave Macmillan, 2016. Map, figures, tables, notes, bibliography, index, 220 pp.; hardcover $110, ebook $79.99.     

New frontiers: an enriched perspective on extraction frontiers in Indonesia

Changes in the nature, scale, and speed of natural resource extraction, especially in the last two decades, have resulted in many new resource extraction areas emerging across the world. By zooming in on Indonesia, this article shows that the underlying causes and consequences of current trends are more complex than portrayed by the rancher-squatter model of frontiers that is still frequently used to explain these developments. We argue that a broadened frontier notion is necessary to address the multifaceted nature of the processes underway in contemporary Indonesian extraction areas, as well as beyond. We propose a perspective that pays explicit attention to four new developments that can be described by using the hybridization of space, time, actors, and rules, and are characterized by the fact that these processes create new perimeters in all four mentioned areas. In so doing, we challenge, broaden, and renew the meaning of frontiers.