Abu Ghraib, Administrative Evil, and Moral Inversion: The Value of "Putting Cruelty First"

The torture and abuse of detainees at Abu Ghraib prison and at other sites in Iraq, Afghanistan, and Cuba raise disturbing questions that have few, if any, easy answers. Were these intentionally evil acts committed by a few bad apples who took advantage of the power they wielded over the detainees? Or were they cases of administrative evil in which the obvious evil of torture and abuse was masked from the perpetrators, including those who performed subsidiary and supportive functions? The more fundamental question is, are torture and abuse always wrong? How close did the United States come to moral inversion in this case? Judith Shklar’s concept of “putting cruelty first” aids our understanding of this case and points toward a trajectory that could help prevent future moral inversions and administrative evil.     

Medicaid Managed Care for Children with Special Health Care Needs: Examining Legislative and Judicial Constraints on Privatization

Over the past decade, much has been written about the results of reinventing government. Most research has examined the effects of executive or managerial perspectives. Using David Rosenbloom's competing perspectives model, we examine Medicaid managed care programs for children with special health care needs to illustrate the influence of legislative and judicial institutional perspectives on the reinvention movement. Legislative and judicial responses to the reinvention of Medicaid managed care reveal the outer limits of what managed care and related executive reforms can accomplish in a Constitutional system that is based on checks and balances among competing institutional perspectives. Furthermore, relative to Medicaid managed care, legislative and judicial responses conserve public responsibility to society's most vulnerable populations. In the long run, the balance of institutional perspectives and values—not managerial innovation per se—will influence public administration.     

The Strategic Sources of Foreign Policy Substitution

While a growing body of work provides empirical support for the notion that political leaders "substitute" foreign policies depending on a variety of domestic political and economic conditions, little work examines the underlying strategic causes of substitution. This article argues that foreign states behave strategically in order to (a) avoid becoming the targets of domestically troubled executives or (b) to take advantage of the domestic trouble another state endures. Such "strategic interaction" delimits the set of foreign policies reasonably available to leaders in trouble at home, thus producing the impetus for policy substitution. This article develops a theoretical model of strategic behavior and policy substitution and reports empirical results of a multivariate probit model.     

The National Labor Relations Act and health care institutions: the persistent paradox.

In the wake of 1974 amendments to the NLRA, nonprofit health care institutions have been involved in a steady stream of labor relations cases. This article examines some of the new labor relations problems facing these institutions, and it provides valuable information and analysis to help administrators keep abreast of the legal and practical developments stemming from the cases.     

Trustees in bankruptcy may upset divorce settlements

A recent case has highlighted the ability of a former spouseto put in jeopardy by going bankrupt the sealed financial disputeresolution order of the divorce court.