Intergovernmental Conflict and Indian Water Rights: An Assessment of Negotiated Settlements

The states and Indian tribes have fought bitterly over waterrights for nearly a century. Most of this conflict took placein courtrooms, but in recent years, states and tribes have beenattempting to resolve their differences through negotiated watersettlements. This article utilizes the literature and theoryon alternative dispute resolution to identify six advantagesthat are expected to accrue from negotiations. It then assessesthe extent to which Indian water settlements have produced theseresults.     

Exposure Reduction or Retaliation? The Effects of Domestic Violence Resources on Intimate‐Partner Homicide

Rates of homicide involving intimate partners have declined substantially over the past 25 years in the United States, while public awareness of and policy responses to domestic violence have grown. To what extent has the social response to domestic violence contributed to the decline in intimate‐partner homicide? We evaluate the relationship between intimate‐partner homicide and domestic violence prevention resources in 48 large cities between 1976 and 1996. Controlling for other influences, several types of prevention resources are linked to lower levels of intimate‐partner homicide, which we interpret in terms of their capacity to effectively reduce victims' exposure to abusive or violent partners. Other resources, however, are related to higher levels of homicide, suggesting a retaliation effect when interventions stimulate increased aggression without adequately reducing exposure. In light of other research on deficiencies in accessing and implementing prevention resources, our results suggest that too little exposure reduction in severely violent relationships may be worse than none at all.     

(Re)constructing the Head Teacher: Legal Narratives and the Politics of School Exclusions

School exclusions are a site of political and social contestation and in recent years statutory reforms and popular demands have focused on increasing the autonomy of head teachers. This article explores this trend and questions why, in a culture of human and children's rights, head teachers have such extensive powers within their schools and why law has, to a large extent, failed to provide a check on these powers. It does so not by doctrinal analysis of domestic and human rights law but, rather, by enquiring into how legal narratives construct the role of the head teacher and by locating the practice of exclusions within a broader social and political context. It suggests that demanding that the head teacher be unfettered in his or her decisions relating to exclusions ought not to be understood as a policy of 'non-intervention' or a return to a 'reassuring' past but, rather, as a contemporary policy that reinforces the construction of excluded pupils as marginalized non-citizens.     

Beyond social regulation? New instruments and/or a new agenda for social policy at Lisbon?

The consistent failure to match EU market integration with social policies provoked the development of new modes of European governance for welfare provision in the early 1990s. Based on policy co-ordination rather than integration, these new governance modes were consolidated as the 'Open Method of Co-ordination' (OMC) at the Lisbon Summit in 2000. This article analyses the scope and limits of the OMC, locating it in the context of broader trends and tendencies in governance and social provision. Indeed, the perceived 'success' of the OMC may reflect a deeper trend in social policy across western Europe and beyond, towards 'active' welfare policies. In many ways the OMC is consistent with the influential 'regulatory state' vision of the EU. Yet by 'activating' welfare the OMC may challenge market liberal theories of European economic regulation. The first seeks to integrate economic and social policies while the latter is premised on their separation.