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.     

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.     

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.     

Sustainable local democracy

To identify what is needed to sustain local democracy we need a model of democratic government and an idea of the kind of social and economic context that is supportive of democracy. Local democracy requires a combination of a liberal democratic model of local government and the prerequisites of democratic stability: economic development, equality, political culture and the development of civil society. However, a number of factors, non-local as well as local, may undermine local government and local democracy, especially centralization, economic decisions, external conflicts, dependency on civil servants, the dilution of elected representation, formalistic participation, skewed representation, class conflict and official attitudes. However, democratic local government can contribute to economic development, the reduction of inequality, a democratic political culture and the development of civil society, thereby strengthening local democracy.