Sovereignty, Augusto Pinochet, and legal positivism

The imperativist strand of positivism derives law from an actual person or set of persons wielding a monopoly of force. The rule-based positivism of H.L.A. Hart has more sublty identified a matter-of-fact rule of recognition in place of such a sovereign one or many. But sovereignty is not a matter-of-fact of any kind; rather it is partly the product of what I call qua arguments. I reconstruct the reasoning, in the extradition case of Augusto Pinochet in the British House of Lords, providing a focus for an account of the limits of legal positivism in the application of the principle par in parem non habet imperium. Sovereign power is interpreted through reasoning that is at its margin more moral than technically legal.     

The Role of Management and Representation in Improving Performance of Disadvantaged Students: An Application of Bum Phillips's “Don Shula Rule”1

Scholars and practitioners within the U.S. education system have focused considerable attention on developing new programs aimed at raising educational achievement for disadvantaged students. New programs are only one way to improve student performance, however; recent work in public administration suggests that public management and implementation practices might also have a large impact on student performance. Existing research shows that managerial networking, managerial quality, and effective personnel management can significantly improve the quality of the education received by disadvantaged students. Additional work highlights the contribution of representative bureaucracy. Because these research agendas have targeted the public administration literature rather than the education policy literature, this article seeks to bring this research back to education policy. Using data from several hundred Texas public school districts, spanning 1995 to 2002, and focusing on disadvantaged student performance (Latinos, blacks, and low‐income students), this article illustrates how both management and processes to enhance the representativeness of teaching faculty produce benefits for disadvantaged students.     

American Public Administration and Impacts of International Governance

Increasingly, public administration in the United States operates in a densely interconnected international system in which local decisions and actions may trigger global repercussions—and vice versa—and the fate of communities in one region is bound to the choices of decision makers elsewhere. Administrative actors have become enmeshed in a complicated, interwoven pattern of governance in ways that shape actions, issues, and opportunities for influencing administrative agencies at national, state, and local levels. These developments call for a critical reappraisal of our inherited notions of governance, management, and accountability. Terrorist tragedy and responses to it call attention to these themes, but they apply broadly across the spectrum of governance challenges. To demonstrate this point, we analyze some implications of transnational governance for the institutions and practices of U.S. public management, with particular attention to another subject: environmental policy and management. A conclusion is that the public administration community must adjust traditional practices to facilitate the effective management of the global processes that, in turn, reshape the world.     

Building majority coalitions for sub-majority benefit distributions

Public Choice - This paper poses a deceptively simple question. It asks, how can a program or group of programs that provides distributive benefits to recipients in a minority of legislative...     

Interpersonal trust and disaffected high school youth

The study consisted of two parts. First, a new scale of interpersonal trust for adolescents was constructed using a representative sample of 70 students from a community high school. Second, the hypothesis was tested that disaffected youth compared to the more conventional would show less interpersonal trust. Two matched groups of 57 students each were employed for the second part of the study. Results indicate that the new scale is a reliable and valid measure. Correlates of the scale disclose that trust is associated with interpersonal distance, certain developmental factors, and the quality of parent-adolescent relations. Results from the second part of the study tend to confirm the hypothesis in that greater trust scores were found among students with more conventional beliefs.This study was partly supported by NIMH Grant No. MH9210, Ford Foundation Grant No. 69-0264B, and the Jessie and C. Clement Stone Foundation.Received his Ph.D. from the University of Kansas. Currently working on personality and clinical problems of adolescents and adults.Recieved his Ph.D. from the University of Michigan. Plans to continue his work of program development in the area of affect education in secondary schools.Received his Ph.D. from Harvard University. Current work is in the area of community mental health.     

Which Electoral Formula Is the Most Proportional? A New Look with New Evidence

A ranking exists in electoral systems research of differentelectoral formulas—the mathematical functions governingthe conversion of votes into legislative seats—in termsof both proportionality of seats and votes and favorabilityto the largest party. I reexamine this issue with new methodsand new evidence, attempting to cross-validate previous rankingsusing a larger and more controlled data set and more preciseparametric methods than have been applied previously. The resultsby and large confirm previous knowledge but also illuminateseveral important new facets obscured in previous investigations.For example, at common ranges of district magnitude (from 5to 15 seats), it is shown that electoral formula may matterat least as much as district magnitude in shaping proportionality.     

The Politics of Caste in India’s New Land Wars

ABSTRACT

In this article we introduce the special issue through framing the debate on the role of caste in India’s current land wars. We draw attention to how caste consistently mediates land transfers in present day India by pre-empting, undermining, or fuelling processes of social contestation, as well as the ways in which land claims in turn shape realigned or reimagined caste identities. Based on this, we make three main arguments. The first and most obvious one is that in contemporary conflicts over land, caste matters in evolving ways that deserve attention. Second, we argue that caste and land are recursively linked categories that are produced and reproduced in continuous interaction, even as multi-scalar political economies (re)shape them. And third, that different registers of caste are articulated by different social groups in more or less overt ways as they stake often competing claims to land.