Tribes and States: A New Era in Intergovernmental Affairs

The history of tribal-state conflict and the role of the federalgovernment is nearly two centuries old. In recent years, themost contentious source of conflict between American Indiantribes and states has been Indian gaming. The Congress attemptedto compromise and resolve the issue by passing the Indian GamingRegulatory Act (IGRA) in 1988, but the law has only exacerbatedand opened up new avenues of conflict. The scope and stakesof Indian gaming can be seen in the history of Indian gamingin New Mexico where the defects in IGRA have been readily apparent.As Indian gaming has grown, so have efforts to curtail it andother aspects of tribal sovereignty, including tribal sovereignimmunity. These efforts are currently underway in the Congress.     

Justice foundations for the Comprehensive Law Movement

Authors examining the developing dispute resolution alternatives to the adversarial system have identified nine converging "vectors" or alternatives in what has been termed the Comprehensive Law Movement. These authors have sought to understand how the developing vectors can remain separate and vibrant movements while sharing common ground. Some analyze these developments as being within law and legal practice, others see them as alternative approaches to law, and still others take a combined approach. It will be impossible to understand how these vectors have meaningful differences from law and legal practice if the search is limited to looking within law and legal practice. It will be impossible to understand how these vectors have meaningful commonalities with law and legal practice if the search is limited to looking external to law and legal practice. Instead of comparing the vectors with the adversarial system, higher order criteria are required. What is needed is a comprehensive and internally consistent super-system of norms; one that can be used to evaluate the adversarial system and the evolving vectors on an equal footing. An Aristotelian natural law virtue theory of justice can: (a) provide a functional guiding definition of justice; (b) serve as a comprehensive and internally consistent super-system of norms; and (c) provide the theoretical and evaluative foundation required to clarify the relationships among the adversarial system and the developing vectors. Finally, it will become clear why the Comprehensive Law Movement might be more appropriately conceptualized as the Comprehensive Justice Movement.     

The Normativity of Work: Retrieving a Critical Craft Norm

Recent social theory has begun to reconsider how the activity of work can contribute to well-being or autonomy under the right conditions. However, there is no consensus on what this contribution consists in, and so on precisely which normative principles should be marshalled to critique harmful or repressive forms of workplace organisation. This paper argues that Richard Sennett’s concept of work as craft provides a normative standard against which the organisation of work can be assessed, especially when explained within a broadly Aristotelian account of the conditions of human flourishing. More precisely, the paper argues that a craft norm can meet the standards of social critique within the Frankfurt School tradition of Critical Theory, as this tradition has been interpreted by Axel Honneth. Honneth himself now rejects craft norms as too utopian and parochial to inform Critical Theory under contemporary economic conditions. In reply, this paper uses sociological studies of call centre workers to illustrate how work motivated by craft ideals can be sustainable rather than utopian, and how craftsmanship can inform social critique across a wide variety of industries and management practices.     

Exploring the Relationship between Operational and Financial Indicators: The Case of Water and Sewer Utilities

ABSTRACT

There is debate in the literature on whether or not general management principles are applicable to the study and practice of public administration. This research responds by exploring how local officials manage the performance of public services with private good characteristics, where general management principles could be embraced for service delivery. The relationship between operational and financial indicators is explored within the functional areas of water and sewer, with the hypothesis that operational outcomes impact financial outcomes similar to private enterprises. Because the findings do not support this hypothesis, the authors conclude that general management principles may not be applicable to all forms of administration given that public cannot be removed from the management of public services even with private good characteristics.     

Teacher recruitment and retention in public and private schools

Private school salaries are substantially below those in public school systems. Nonetheless, private school heads are as satisfied as public school principals with the quality of their new teachers and substantially more satisfied with their experienced instructors. This difference remains after controlling for school and community characteristics and for the principal's tenure and educational priorities. In addition, appraisals of experienced and new teachers suggest that private schools are more successful in retaining the best of their new teachers and in developing the teaching skills of their faculties. Apparent reasons include greater flexibility in structuring pay, more supervision and mentoring of new teachers, and freedom to dismiss teachers for poor performance. These findings suggest that improvement in the quality of public school performance will require the use of accountability tools such as pay-for-performance and dismissal.